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In Gonzales the respondents (criminal defendants) argued because the cannabis in question had been grown, transported, and consumed entirely within the state of California, in compliance with California medical cannabis laws, the defendants activity did not implicate interstate commerce.
Similar(59)
Prosecutors are suspicious of the defendants' activities overseas, and their lack of activity since returning.
But prosecutors told the judge that the First Amendment did not protect the defendants' activities.
The city's Department of Investigation began looking into the defendants' activities after receiving complaints from a city worker, the agency's commissioner, Rose Gill Hearn, said.
Someone close to the prosecution complained to me that several of the officers who did testify had initially been more forthcoming about their knowledge of the defendants' activities, only to take the stand and reveal little, and then shake Eppolito's or Cutler's hand on the way out.
They were far more interested in the defendants' political activities than in any recreational highs.
One may ask, for example, whether the harm caused by the defendant's activity is substantial.
The second stage in determining that a nuisance exists requires a finding that the defendant's activity was unreasonable.
And in 2005, the Supreme Court ruled that shareholders must prove a direct causal link between a defendant's activity and a declining stock price in order to claim damages.
In situations where the defendant's activities cause physical damage, as in St Helen's Smelting Co v Tipping, the locality of the activities is not a factor in deciding their unreasonableness.
Therefore, the defendants argued, their activity could not be regulated, and eventually prosecuted, by the federal government through the Commerce Clause.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com