McWilliams

MEMORANDUM *

McWilliams conditionally pled guilty to manufacturing marijuana in violation of 21 U.S.C. § 841 (a)(1). He appeals the district court’s denial of his motion to dismiss his indictment, arguing that, as applied, § 841(a)(1) regulated activities beyond what is “necessary and proper for carrying into Execution” Congress’ regulation of interstate commerce of marijuana, see U.S. Const., art. I, § 8, and thus violates the Ninth and Tenth Amendments. See U.S. Const., amends. IX & X.

The Supreme Court’s recent holding in Gonzales v. Raich, 545 U.S.-, 125 S.Ct. 2195 ,—L.Ed.2d- (2005), controls this case. The Court held that Congress’ regulation of marijuana production for intrastate, medicinal purposes “is squarely within Congress’ commerce power because production of the commodity meant for home consumption ... has a substantial effect on supply and demand in the national market for that commodity.” Id., 545 U.S. at-, 125 S.Ct. at 2207 . Accordingly, we must reject McWilliams’ constitutional arguments.

Raich also forecloses a second argument urged by McWilliams — that the federal “Controlled Substances Act [CSA] empowers California to decide what constitutes the legitimate…