Deavis
Member
It was considered still subject to the powers of the federal government by the SCOTUS because it would still effect demand.
Remember that in Raich Scalia pointed out that the marijuana was fungible as one of its defining characteristics for the black market logic he used. The marking requirements of these types of State laws addresses that argument. That argument was also not raised in Stewart. Another issue is that marijuana is illegal at a federal level completely, that is not the case with machine guns. Arguing that you can have a class of protected weapons but another class completely unprotected at the fed level, which was not the case in Raich, seems like an opportunity. I doubt anyone has this on their radar as a fight to fund, the groundwork following Heller is still being laid. JMHO