Erratum

A little while ago I summarized the impact of the Raich decision as:

[T]he federal government has the power to overturn state medical marijuana laws under the Interstate Commerce Clause[.]

That's not exactly right. California's medical marijuana law remains in effect; medical cannabis dispensaries are still legal (in fact there's about six of them in a one-mile stretch of Santa Monica Blvd. in West Hollywood) and patients are allowed to obtain cannabis with a doctor's permission. What Raich achieves is to put medical marijuana suppliers (i.e., growers) in a very precarious legal position, so that legitimate dispensaries might be left with nothing to dispense.

Here's the interesting bit; though federal agents are empowered to raid the property of marijuana growers, California law enforcement is obligated to uphold state, not federal law. I've heard a credible anecdote about a proposed raid jointly conducted by feds and a local sheriff's office that ended when the sheriff told the feds that they had entered his jurisdiction, that the occupants of the premises were legit, and that they (the feds) could go no further. Come the revolution!