The Dormant Commerce Clause, "refers to the prohibition, implicit in the Commerce Clause, against states passing legislation that discriminates against or excessively burdens interstate commerce. Of particular importance is the prevention of protectionist state policies that favor state citizens or businesses at the expense of non-citizens conducting business within that state" (Cornell law). In this case, Idaho is the only state that has not legalized marijuana for medical or recreational use and is the only state where marijuana can't be transported. Because Washington and Oregon have to transport their product by land around Idaho, Idaho discriminates against the commerce clause because it discriminates against products. Because Idaho is centralized and prohibits other states like Washington and Oregon from transporting marijuana through it, it creates an issue because all the other states can legally produce marijuana. States cannot discriminate against interstate commerce even when there are no federal regulations. The state law says that marijuana use is illegal but because it burdens interstate commerce because of the marijuana transportation Idaho violates the Dormant Commerce Cause. The constitution via the Dormant Commerce Clause will strike down the state law.

Do you agree or not with the above? Please explain why yes or no and apply the law.