California voters passed Proposition in , allowing qualified patients to cultivate and use marijuana for designated medical illnesses. Gonzales v. Raich. Media. Oral Argument – November 29, ; Opinion Announcement – June 06, Alberto R. Gonzales, Attorney General, et al. On June 6, , the United States Supreme Court decided Gonzales v. Raich, a case that addressed the constitutionality of the federal Controlled Substances . The dissenters attacked the Majority opinion as a complete departure from the.
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Topic Areas About Donate. Journal List Public Health Rep v. Diane Monson cultivated six marijuana plants to treat her own chronic pain. The Ninth Circuit had found the federal law unconstitutional “as applied,” concluding that its enforcement against medicinal users was beyond Gnozales enumerated power to regulate interstate commerce. Title II, as discussed in more detail above, addresses drug control and enforcement as administered by the Attorney General and the DEA.
The Commerce Clause and Medical Marijuana: Gonzales v. Raich, U.S. 1 () | Canna Law Blog™
One need not have a degree in economics to understand why a nationwide exemption for the vast quantity of marijuana or other drugs locally cultivated for personal use which presumably would include use by friends, neighbors, and family members may have a substantial impact on the interstate market for opinino extraordinarily popular substance. Pure Food and Drug Act ofch. The First Hundred Years —, p. Wikipedia articles incorporating text from public domain works of the United States Government Webarchive template wayback links Articles with short description Articles needing additional references from September All articles needing additional references.
Monson suffered from chronic pain from a car accident a decade before the case. Supreme Court, which ultimately ruled against Raich and Monson in a decision.
MorrisonU. For example, Schedule II substances also have a high potential for abuse which may lead to severe psychological or physical dependence, but unlike Schedule I drugs, they have a currently accepted medical use. For example, patients residing in the cities of Oakland and Santa Cruz gonzalds in the counties of Sonoma and Tehama are permitted to possess up to 3 pounds of processed marijuana.
Peron59 Cal. In my view, allowing V.rwich to set the terms of the constitutional debate in this way, i.
She was allergic to most conventional types of prescription drugs. Nevertheless, after a 3-hour standoff, the opjnion agents seized and destroyed all six of her cannabis plants.
Gonzales v. Raich: Congress’s Power Under the Commerce Clause to Regulate Medical Marijuana
FCCU. Accordingly, the mere fact that marijuana—like virtually every other controlled substance regulated by the CSA—is used for medicinal purposes cannot possibly serve to distinguish it from the core activities regulated by the CSA. United StatesU. Second, at the end of his term, President Johnson fundamentally reorganized the federal drug control agencies.
If I were a California citizen, I would not have voted for the medical marijuana ballot initiative; if I were a California legislator I would v.rraich have supported the Compassionate Use Act. The exemption for physicians provides them with an economic incentive to grant their patients permission to use the drug.
Respondents Diane Monson and Angel Raich use marijuana that olinion never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect on the national market for marijuana. After reviewing in detail the picture of the industry provided in that summary, the Court explained that consumption of homegrown wheat was the most variable factor in the size of the national wheat crop, and that on-site consumption could have the effect of varying the amount of wheat sent to market by as much as 20 percent.
It is difficult to see how this vast market could be affected by diverted medical cannabis, let alone in a way that makes regulating intrastate medical marijuana obviously essential to controlling the interstate drug market.
At issue in LopezU. The dissent points to a federal law, 18 U.
Gonzales v. Raich :: U.S. 1 () :: Justia US Supreme Court Center
California is one of at least nine States that authorize the use of marijuana for medicinal purposes. If I were a California citizen, I would not have v.raaich for the medical marijuana ballot initiative; if I were a California legislator I would not have supported the Compassionate Use Act. Rather, it imposed registration and reporting requirements for all individuals importing, producing, selling, or dealing in marijuana, and required the payment of annual taxes in addition to transfer taxes whenever the drug changed hands.
The States’ core police powers have always included authority to define criminal law and to protect the health, safety, and welfare of their citizens….
Unsourced material may be challenged and removed. Rather, as early as Congress enacted federal legislation imposing labeling regulations on medications and prohibiting the manufacture or shipment of any adulterated or misbranded v.rraich traveling in interstate commerce. This classification renders the manufacture, distribution, or possession of marijuana a criminal offense.
As in that case, then, it could be regulated by the federal government under the Commerce Clause. FilburnU. Both federal and state legislation—including the CSA itself, the California Compassionate Use Act, and other state medical marijuana legislation—recognize that medical and nonmedical i.
Please help improve this section by adding citations to reliable sources. Our decision in Wickard, U. Another California resident, Diane Monson, grew six marijuana plants that were destroyed in a raid by federal officials from the Drug Enforcement Administration.
WirtzU. Two momentous cases involving this very principle are currently moving through the appeals gpnzales and toward the Supreme Court. Topic areas Opihion Questions. Respondent’s local cultivation and consumption of marijuana is not “Commerce