In an interview with Canadian news magazine Maclean’s last week, Gil Kerlikowske, President Obama’s Director of the Office of National Drug Control Policy, stated that despite recreational legalization in Washington and Colorado, they would still go after distributors and growers in both states.
"You’ll continue to see enforcement against distributors and large-scale growers as the Justice Department has outlined. They will use their limited resources on those groups and not on going after individual users," said Kerlikowske, who is also a former Seattle Police Chief.
In a truly hilarious misinterpretation of precedent, State Rep. Mike Shay (R) responded
"The constant contradictions coming out of this administration lead to a massive amount of uncertainty, but the bottom line is, according to the Commerce Clause of the U.S. Constitution, anything made and sold that stays within the state of Washington is beyond their jurisdiction. Also there are states' rights under the 10th Amendment," noted Rep. Shea.From Gonzales V Raich, 545 U.S. 1 (2005),
Even respondents acknowledge the existence of an illicit market in marijuana; indeed, Raich has personally participated in that market, and Monson expresses a willingness to do so in the future. More concretely, one concern prompting inclusion of wheat grown for home consumption in the 1938 Act was that rising market prices could draw such wheat into the interstate market, resulting in lower market prices. Wickard, 317 U.S., at 128. The parallel concern making it appropriate to include marijuana grown for home consumption in the CSA is the likelihood that the high demand in the interstate market will draw such marijuana into that market. While the diversion of homegrown wheat tended to frustrate the federal interest in stabilizing prices by regulating the volume of commercial transactions in the interstate market, the diversion of homegrown marijuana tends to frustrate the federal interest in eliminating commercial transactions in the interstate market in their entirety. In both cases, the regulation is squarely within Congress' commerce power because production of the commodity meant for home consumption, be it wheat or marijuana, has a substantial effect on supply and demand in the national market for that commodity.I wouldn't be seeding the back forty anytime soon...