Tafoya

MEMORANDUM **

Appellant Fermín Tafoya challenges his conviction under 21 U.S.C. §§ 846 and 841(c)(2) for illegally possessing a listed chemical and attempted possession of a listed chemical. Tafoya challenges the convictions on Commerce Clause grounds as well as several trial errors by the district court. None of the challenges are persuasive and Tafoya’s conviction is affirmed.

Drug trafficking laws have been upheld as a valid exercise of Congress’s authority under the Commerce Clause. *677 United States v. Staples, 85 F.3d 461, 463 (9th Cir.1996). “[D]rug trafficking is a commercial activity which substantially affects interstate commerce.” Id. Intrastate drug activities are tied to interstate drug trafficking as well. United States v. Kim, 94 F.3d 1247, 1250 (9th Cir.1996). Tafoya’s efforts to distinguish these cases based on the distinction between “listed chemicals” and “controlled substances” is not persuasive. Congress has the authority to regulate interstate commercial activity and drug trafficking has been defined as interstate commercial activity. That Congress has not made specific findings stating that listed chemicals affect interstate commercial activity is not…