Marielys Rosado Barreras wrote in Law360: “The use of marijuana (in various quantities and forms) has been legalized (in a variety of ways) in 20 states and the District of Columbia. Nonetheless, marijuana is still listed as a Schedule I controlled substance under the Controlled Substance Act (CSA), and therefore its possession, use and distribution remains a crime under federal law. Further, the U.S. Supreme Court has ruled that the federal government has a right to regulate and criminalize the sale and use of marijuana, even when a state’s laws permit marijuana to be used for medical purposes. For example, in Gonzales v. Raich,
Thus, the court held that even small amounts of home-grown marijuana triggered the CSA because there was a threat of unwanted commodity diversion that could disrupt Congress’ regulatory control over interstate commerce. “