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Source Congressional Powers Delaware Bar Exam Topic Index Matched to this deck.

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0 tracked cards Delaware Essays

Congress comprehensively regulates the national market for a controlled plant product. A Delaware resident grows the plant at home, gives it without charge to a patient, and complies with Delaware law. Federal law prohibits the possession.
Which statement best describes Congress's power?

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The statute is invalid because state law permits the local use. The statute is valid solely under Congress's spending power. The statute is valid as applied because Congress may reach intrastate production and possession of a fungible commodity when that regulation is integral to a comprehensive interstate market scheme. The statute is valid only if the defendant is a corporation rather than an individual.

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