Raich, the court reasoned that the private use of marijuana might have a. Respondent raich, by contrast, is unable to cultivate her own, and thus relies on two caregivers, litigating as john does, to provide her with locally grown marijuana at no charge. A case in which the court ruled that the commerce clause of the controlled substances act gives congress authority to prohibit the local cultivation and use of marijuana, despite state law to the contrary. These caregivers also process the cannabis into hashish or keif, and raich herself processes some of the marijuana into oils, balms, and foods for consumption. On writ of certiorari to the united states court of appeals for the ninth circuit june 6, 2005 justice stevens delivered the opinion of the court. Stevens argued that the courts precedent firmly established congress commerce clause power to regulate purely local activities. 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. Supreme court considers whether the power to regulate interstate commerce allows congress to prohibit individuals from cultivating small amount of marijuana for personal medical use, notwithstanding a state law allowing it.
Wickard stands for the proposition that congress can rationally combine the effects that an individual producer has on an interstate market to find. Congress can rationally combine the effects that individual producers have on a commercial. Despite not allowing medical cannabis, alabama along with mississippi and louisiana filed an amicus brief protesting gonzalez v. The respondents claimed that enforcing the csa against them would violate the commerce clause, the due process clause of the 5th. Medical marijuana is not a fundamental right, even when a physician advises that the use of medical marijuana is the sole remedy for ones condition. Alberto gonzales, as united states attorney general, et. Respondents were growing medicinal marijuana, and dea agents came to their home and destroyed the plants.
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. The syllabus constitutes no part of the opinion of the court but has been prepared by the reporter of decisions. Raich, a case that addressed the constitutionality of. On june 6, 2005, the united states supreme court decided gonzales v. Facts angel raich, a california resident, grew marijuana for her personal.
Facts angel raich, a california resident, grew marijuana. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Federal agents seized and destroyed raich s plants. Posted on october 16, 2012 constitutional law tags. Raich brought an action seeking injunctive and declaratory relief preventing enforcement of the. 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. It was expected that conservative justices rehnquist, thomas, and o.
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. Raich marks a watershed moment in the development of judicial federalism. The court remanded the case to us to address plaintiffs. Ca passed compassionate use ct to ensure that seriously ill residents had access to medicinal marijuana. Raich case summary or case note for law school from. Drug regulation marijuana case compliments of versuslaw congress may preempt state medical use marijuana laws gonzales v. Raich brought an action seeking injunctive and declaratory relief preventing enforcement of the federal comprehensive drug abuse. 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.
The point is that, as a sovereign member of the federal union, california is entitled to make for itself the tough policy choices that affect its citizens. The federal controlled substances act in part banned possession of marijuana. In a nutshell, raich represented the promarijuana side. Raich opinion of the court i california has been a pioneer in the regulation of marijuana. Although their consumption was authorized under a california statute, the federal government, under the csa, confiscated the drugs. Raich, a case that addressed the constitutionality of the federal controlled substances. Patients and petitioners grew and consumed marijuana for medicinal purposes. Substantive facts the respondents, before the case was filed were growing and consuming. In the united states court of appeals for the ninth circuit angel mcclary raich, et al. 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. This was a case filed in the united states of america supreme court.
Federal drug law, the controlled substances act, does not provide a similar. The united states federal government has limited the use of marijuana since. This court has recognized the distinction between the power to regulate and the power to compel in decisions. The defendants were compliant with state laws when arrested, but. United states constitution, article i, section 8, clause 3 1787 the philadelphia convention was called, in large part, to deal with the commercial challenges posed by thirteen sovereign states charging each other tariffs, refusing to recognize each others. Congress may preempt state medical use marijuana laws. June 6, 2005 facts the compassionate use act, passed in california in 1996, allowed citizens of the state to use marijuana for medicinal purposes after a doctor has concluded the use would benefit the patients health.
Condon, guillen county, raich, and the preemption cases. In his separate dissent, justice thomas pointedly observes, this court is willing neither to enforce limits on federal power, nor to declare the tenth amendment a dead letter. On june 6, the united states supreme court decided gonzales v. I suppose that someone truly dedicated to making doctrinal sense of the cases or someone who had to do so as a matter of professional obligation could come up with something that worked. Raich, the united states federal law, via the controlled substances act, does not recognize and opposes medical marijuana. This note addresses the courts decision in gonzales v. 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.
Angel mcclary raich after the united states supreme court hears her case no. If it has not quite put an end to the rehnquist courts federalism revolution, it certainly represents a major step in that direction. This california law permitted the possession and growing of small amounts of marijuana for personal, medical use. Angel mcclary raich, 44, of oakland is the lead plaintiff in the raich case, and is the mother of two teenage children. Filburn displaced justice antonin scalia, who has argued powerfully for the interpretation of the constitution by means of discerning its original. Raich was legally permitted to use medical marijuana and proceeded to grow her own. Her physician diagnosed her as having a medical necessity to use medical cannabis, after numerous other treatments failed. Theres lopez and morrison, and then there are reno v.
California voters passed proposition 215 in 1996, legalizing the medical use of 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. Raich, united states supreme court, 2005 case summary of gonzales v. California passed the compassionate use act, which allowed for the use of medical marijuana. Through the controlled substances act, congress has comprehensively regulated the national market in drugs with the potential for abuse. Yet, in the case of national federation of business v. Gonzales is alberto gonzales, the bushappointed attorney general, representing the federal government.
1485 623 504 961 571 869 107 952 1269 677 6 670 1095 625 216 1404 554 10 69 1340 485 1205 1120 440 446 231 70 838 7 545 1313 1002 1039 816 1023 1209 1165 294 273 304 790 38 607 302