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Question
Congress enacted a comprehensive federal statute regulating the national market for rare medicinal mushrooms. The statute requires federal permits for commercial cultivation, tracks interstate shipments, and prohibits unlicensed possession of more than five mature plants. Congress found that unregulated local cultivation supplies a black market that competes with permitted interstate distributors.
A patient in State A grows 20 plants at home under a state medical-use license. She never sells the mushrooms, never ships them, and uses them only for her own treatment. Federal agents seize the plants and charge her with violating the federal statute. She argues that her home cultivation is local, noncommercial, and authorized by state law. The government argues that Congress may regulate even local possession to prevent diversion into the interstate market and to make the broader permit system workable.
May Congress apply the statute to the patient's home cultivation? Discuss substantial effects, aggregation, the broader regulatory scheme, and the Necessary and Proper Clause.