In california, the state enacted the compassionate use act in 1996, which allowed the use of medical marijuana to individuals in california who needed it for medical reasons. If you are having problems downloading any of the pdf files, please use this link to update your adobe. In 1996 california passed the compassionate use act, legalizing marijuana for medical use when approved by a doctor. Case briefs have just recently begun to come in for case brief summary. Raich provides an opportunity to reflect on the rehnquist courts apparent run at establishing a judiciallyenforceable federalism. Alberto gonzales, as united states attorney general, et al. On june 6, 2005, the united states supreme court decided gonzales v. One california resident, raich, grew marijuana for her personal medical use. It reasoned that since marijuana sales are part of a national market, marijuana possession can be. 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. Opinion, stevens html pdf concurrence, scalia html pdf dissent, oconnor html pdf dissent, thomas html pdf gonzales, attorney general. The court found the federal law valid, although the marijuana in question had been grown and consumed within a single state, and had never entered interstate commerce. The compassionate use act is in direct conflict with the federal controlled substances act csa which classifies. Subsequently, the dea raided monsons house and destroyed some one her marijuana.
In the united states court of appeals for the ninth circuit angel mcclary raich, et al. Supreme court, the parties shall file a status report or a motion for appropriate relief. Justice stevens delivered the opinion of the court. Gonzales horse 1977 after 1996, an americanbred thoroughbred racehorse. It has been accepted for inclusion in this collection by an authorized administrator. Federalism as a casualty of the war on drugs cornell journal of law and public policy, vol. Raich, which i litigated on behalf of angel raich and diane monson from the. Through the controlled substances act, congress has comprehensively regulated the national market in drugs with the potential for abuse. Users and growers of marijuana for medical purposes under california compassionate use act sought declaration that controlled substances act csa was unconstitutional as applied to them. Her doctor stated that she would be in extreme, lifethreatening pain if she did not use the marijuana as allowed under the california compassionate use act oyez. Raich opinion of the court i california has been a pioneer in the regulation of marijuana.
As a current student on this bumpy collegiate pathway, i stumbled upon course hero, where i can find study resources for nearly all my courses, get. Indeed, raichs physician believes that forgoing cannabis treatments would certainly. Raich uses medical marijuana because she is very ill. The case reached the supreme court in 2004 as gonzales v. Works cited rotator cuff syndrome allergic to narcotics and. 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. Plaintiffappellant angel mcclary raich raich is a actual injury traceable to the defendant and likely to be.
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 court found the federal law valid, although the marijuana in question had been grown and consumed within a single state, and had never entered interstate. In 1996 california voters passed the compassionate use act, legalizing marijuana for medical use. Dec 19, 2014 among other vices, it seriously misreads the supreme courts decision in gonzales v. 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. Californias law conflicted with the federal controlled substances act csa, which banned possession of marijuana. Federalism as a casualty of the war on drugs the supreme courts recent decision in gonzales v.
In relevant part, the supreme court held that the controlled substances. Speedy gonzales, animated cartoon character in the warner brothers looney tunes. 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. They may expand on this graph as they study the constitutional principle of federalism in the remaining lessons in this unit, gonzales v. 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. On june 6, the united states supreme court decided gonzales v. Syllabus opinion stevens concurrence scalia dissent oconnor dissent thomas html version pdf version. A case study presented by vachette pathology and south bend medical foundation mick raich, ceo, vachette pathology trish hankila, vice president finance, sbmf 2 3. Federalism as a casualty of the war on drugs,cornell journal of law and public policy. Without the benefit of either raich or maxwell ii, the district court denied appellants motion to. Relief sought justice antonin scalia wrote a concurring opinion concluding that congress has the authority to regulate the medical use of marijuana even if it is through a different constitutional interpretation. California has been a pioneer in the regulation of marijuana. Raich,21 and the compassionate use act22 of california, which led to the conflict in raich. Raich opinion pdf california voters passed proposition in, allowing qualified patients to cultivate and use marijuana for designated medical illnesses.
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. Raich marks a watershed moment in the development of judicial. Indeed, reading the interstate commerce clause as broadly as the raich. Lexis 4656 brought to you by free law project, a nonprofit dedicated to creating high quality open legal information. On june 6, 2005, the supreme court vacated and remanded this courts decision. To effectuate the statutory goals, congress devised a closed regulatory system making it unlawful to manufacture. Raich marks a watershed moment in the development of judicial federalism. Learn vocabulary, terms, and more with flashcards, games, and other study tools.
N the united states court of appeals cato institute. The history of medical marijuana and the commerce clause rory s. Justice scalia filed a concurring opinion, justice. Raich legal information institute cornell university. Among other vices, it seriously misreads the supreme courts decision in gonzales v. Oconnor filed a dissenting opinion joined by justice thomas and. 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.
Facts angel raich, a california resident, grew marijuana for her personal medical use. Raich, a case that addressed the constitutionality of the federal controlled substances. February 3, 2005, the supreme courts ruling will be titled. The latest developments in the war on drugs, september 2006. Gonzales v raich what students are saying as a current student on this bumpy collegiate pathway, i stumbled upon course hero, where i can find study resources for nearly all my courses, get online help from tutors 247, and even share my old projects, papers, and lecture notes with other students. Stevens argued that the courts precedent firmly established congress commerce clause power to regulate purely local activities. Nebraska and oklahoma are misreading raich the washington post. Working to reform marijuana laws the national organization for the reform of marijuana laws. To reverse this dangerous drift, this court does not need to overrule raich. Fearing a raid in her residence, raich brought this action declaring that the controlled substance act was an unconstitutional restrained on her fundamental rights. Raich alleges that she is unable to cultivate her own marijuana and that she obtains marijuana free of charge from two caregivers, respondents john doe number one and john doe number two, who are also residents of oakland, california, and who sued anonymously to protect raichs marijuana supply. Accordingly, plaintiffs are under the impression that, pursuant to this. The parties have not filed a status report or motion.
Many observers of raich were surprised that justice scalia concurred separately in support of congresss power to regulate and ban homegrown 1 125 s. If appellants fail to file timely the opening brief, this appeal will be court issued its decision on june 6, 2005. Congress enacted the controlled substances act csa, which categorized illegal drugs into various categories and restricted the possession, selling, and purchasing of these substances. Raich, which i litigated on behalf of angel raich and diane monson from the filing of the complaint to the.