[_acme]

Pursuant to Gonzales v. Raich, which ruled that Congress could criminalize the production and use of homegrown marijuana for personal use, the interstate effect of gambling in any form on any activity is almost certainly sufficient for Congress to regulate or prohibit any or all gambling activity.

In addition, the Ninth Circuit has held that Congress has Commerce Clause authority to criminalize possession of homemade machine guns.

Congress has chosen to allow states to regulate gambling to a certain extent, which explains its legality in various forms in the various states.