N the united states court of appeals cato institute. Where it is feasible, a syllabus headnote will be released, as is being done in connection with this case, at the time the opinion is issued. Among other vices, it seriously misreads the supreme courts decision in gonzales v. Congress may regulate intrastate activity where the behavior, in the aggregate, can impact interstate commerce. Raich brought an action seeking injunctive and declaratory relief preventing enforcement of the federal comprehensive drug abuse. Angel just spoke to a large crowd of media reporters and shes now on her way to another press conference put on by angel wings patient outreach, inc. Raich that enforcement of the federal controlled substances act 1970 against the intrastate noncommercial possession, production, and use of medical cannabis medical marijuana in compliance with a california state law was consistent with the commerce clause because such. Raich, 1 a case that addressed the constitutionality of the federal controlled substances act csa as applied to individuals who grow marijuana for personal and medical use under californias compassionate use act cua. Because raich did not raise this issue below, and because our order instructed the parties to brief only the three claims set forth above, we hold that raich s claim based on the plain language of the controlled substances act is waived. Lexis 4656 brought to you by free law project, a nonprofit dedicated to creating high quality open legal information. Although their consumption was authorized under a california statute, the federal government, under the csa, confiscated the drugs. Raich legal information institute cornell university. Through the controlled substances act, congress has comprehensively regulated the national market in drugs with the potential for abuse. The question presentedin this case is whether the power vested in congress by article i.
In 19, california was one of the first states to prohibit the sale and possession of marijuana,2 and at the end of the century, california became the first state to authorize limited use of the drug for medicinal purposes. Angel mcclary raich, 44, of oakland is the lead plaintiff in the raich case, and is the mother of two teenage children. Partnership for a drugfree america, several other antidrug organizations, an alliance. Angel raich and diane monson, california residents who use medical marijuana, brought an action to enjoin the attorney general of the united states and the head of the dea seeking an injunctive. Alberto gonzales, as united states attorney general, et al. The court should not necessarily look for a substantial impact, but only should require that a plausible story be told to uphold congressional action pursuant to the commerce clause. Federalism as a casualty of the war on drugs cornell journal of law and public policy, vol. Gonzales v raich gonzales v raich united states supreme. Raich, the court reasoned congress had the power under the commerce clause to regulate a. This notes is brought to you for free and open access by the college of law at.
Since cannabis was first banned nationally in 1937, the federal government has never recognized a medical use. Syllabus opinion stevens concurrence scalia dissent oconnor dissent thomas html version pdf version. Raich, a case that addressed the constitutionality of the federal controlled substances. In the 1990s after years of research showing that cannabis has a number of medical purposes, campaigners in california and a number of other states were able to pass laws allowing seriously ill patients to grow, and possess cannabis. This note addresses the courts decision in gonzales v.
Dec 19, 2014 among other vices, it seriously misreads the supreme courts decision in gonzales v. Angel mcclary raich after the united states supreme court hears her case no. In this case the court considers whether the power to regulate interstate commerce allows congress to prohibit individuals from cultivating small amount of marijuana for personal medical. The syllabus constitutes no part of the opinion of the court but has been prepared by the reporter of decisions. Subsequently, the dea raided monsons house and destroyed some one her marijuana. On june 6, 2005, the supreme court vacated our opinion and held that congresss commerce clause authority includes the power to prohibit purely intrastate cultivation and use of marijuana. Today the court sanctions an application of the federal controlled substances act that extinguishes that experiment, without any proof that the personal cultivation, possession, and use of marijuana for medicinal purposes, if economic. Mar 20, 2017 following is the case brief for gonzales v.
Raich documents call 510 3380700 request case evaluation united states district court of the north district of california complaintoctober 09, 2002 declaration of angel mcclary raichoctober 25, 2002 plaintiffs memorandum of law in support of motion for preliminary injunctionoctober 29, 2002 declaration of frank henry lucido, m. The court remanded the case to us to address plaintiffs. Alberto gonzales, as united states attorney general, et. Raich, a case that addressed the constitutionality of the federal controlled substances act csa. Raich 2005 in 2002, the federal government through the drug enforcement agency dea entered the property of angel raich and repossessed the medicinal marijuana of which she was legally in possession with regard to the statutes enacted by the state government of california. Raich, which i litigated on behalf of angel raich and diane monson from the filing of the complaint to the. Because raich did not raise this issue below, and because our order instructed the parties to brief only the three claims set forth above, we hold that raich s claim based on the. Raich was legally permitted to use medical marijuana and proceeded to grow her own. These caregivers provide raich with her marijuana free of charge.
Stevens argued that the courts precedent firmly established congress commerce clause power to regulate purely local activities. Raich brought an action seeking injunctive and declaratory relief preventing enforcement of the federal comprehensive drug. Raich, united states supreme court, 2005 case summary of gonzales v. Federal agents seized and destroyed raich s plants. California is one of at least nine states that authorize the use of marijuana for medicinal purposes. View notes gonzales v raich from political pos471 at arizona state university. In the united states court of appeals for the ninth circuit angel mcclary raich, et al. On june 6, the united states supreme court decided gonzales v. Although the court found that the federal enforcement interests waned when compared to the harm that california residents would suffer if denied access to medically necessary marijuana, it concluded that respondents could not demonstrate a likelihood of success on the merits of. Was the federal law a constitutional exercise of congresss power under the commerce clause. In a 63 opinion delivered by justice john paul stevens, the court held that the commerce clause gave congress authority to prohibit the local cultivation and use of marijuana, despite state law to the contrary.
This note is brought to you for free and open access by law ecommons. Raich opinion of the court i california has been a pioneer in the regulation of marijuana. Californias compassionate use act authorizes limited marijuana use for medicinal purposes. The new commerce clause jurisprudence encounters the lower courts, 55 ark. Lopez, the court struck down the gunsfree school zones act of 1990, a federal law. The respondents claimed that enforcing the csa against them would violate the commerce clause, the due process clause of the 5th amendment, and the ninth and. Patients and petitioners grew and consumed marijuana for medicinal purposes. Raich case timeline federal law marijuana is treated like any other controlled substance part of interstate commerce government has power to control it getting to the supreme court state law to the world october 9, 2002 complaint filed 2 years until. Syllabus strengthening law enforcement tools against international.
It was expected that conservative justices rehnquist, thomas, and o. In this case, a california law legalizing marijuana for medical use was invalidated by a federal law which banned possession of marijuana. Raich uses medical marijuana because she is very ill. Justice stevens delivered the opinion of the court. Raich, political scholars often question whether the rehnquist court was truly a federalist revival, or if federalism was just a means for achieving conservative policy young 2005. Raich ilya somin introduction the supreme courts 2005 decision in gonzales v. Please watch our video in which we interpret gonzales v raich.
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