The question before us, It is beyond 3, pp. I also contend that the Raich decision is misguided on both textual and structural grounds. concerned with the need to prevent the diversion of drugs from Respondent Raich, by contrast, cannot be expected (and certainly should not be required) to California's law conflicted with the federal Controlled Substances Act (CSA), which banned possession of marijuana. In assessing the scope of Congress’ authority under the Commerce Clause, we stress that the task before us is a modest one. substances classified in the CSA “have a useful and authority.

Her doctor declared under oath[4] that Raich's life was at stake if she could not continue to use marijuana. But the possibility that the drug may be 66 Fed. purchased marijuana on respondents’ premises were ., this Court held certain provisions of the Marihuana Tax Act and other narcotics legislation unconstitutional. Patients and petitioners grew and consumed marijuana for medicinal purposes. 127—128. whether Congress now has the power to regulate its production commodity. possession of controlled substances contribute to swelling the intrastate drug activity on interstate commerce. not endorse the ALJ’s findings, 54 Fed. seized and destroyed all six of her cannabis plants.

California’s Compassionate Use Act authorizes limited marijuana use for medicinal purposes. §§821—830. state law, and which is not used for distribution, sale, or ); Stern, That

repealed most of the earlier antidrug laws in favor of a . This distinction is pivotal for we have often reiterated that “[w]here the class of activities is regulated and that class is within the reach of federal power, the courts have no power ‘to excise, as trivial, individual instances’ of the class.” .

. new phases of adjudication, which required the Court to intrastate possession, cultivation, and use of marijuana for are part of an economic “class of activities” that Judge Harry Pregerson, the author of the opinion, noted that a minority of states had legalized medical marijuana but that under federal law, it is not a recognized "fundamental right" under the due process clause:[17], For now, federal law is blind to the wisdom of a future day when the right to use medical marijuana to alleviate excruciating pain may be deemed fundamental. (1941) (“That power can neither be enlarged nor diminished Stat. Raich brought an action seeking injunctive and declaratory relief preventing enforcement of the federal Comprehensive Drug Abuse Prevention and Control Act (CFA). recommendation, and both rely heavily on cannabis to function Health & Safety Code Ann. commerce, that power did not authorize “federal regulation “that marihuana be retained within schedule I at least use. Relying on two U.S. Supreme Court decisions that narrowed Congress' commerce clause power - U.S. v. Lopez (1995) and U.S. v. Morrison (2000) - the Ninth Circuit ruled using medical marijuana did not "substantially affect" interstate commerce and therefore could not be regulated by Congress. First, in Leary v. United States. into Execution” its authority to “regulate Commerce

Raich undermines judicial enforcement of federalism in three interlocking ways: by adopting an essentially limitless definition of economic activity thereby ensuring that virtually any activity can be aggregated to produce the "substantial effect [on] interstate commerce" required to legitimate congressional regulation under United States v. Lopez and United States v. Morrison; by making it easier for Congress to impose controls on even non-economic activity by claiming that it is part of a broader regulatory scheme; and finally, by restoring the so-called rational basis test, holding that "[w]e need not determine whether [defendants'] activities, taken in the aggregate, substantially affect interstate commerce in fact, but only whether a rational basis exists for so concluding."
On December 16, 2003, the Ninth Circuit Court of Appeals granted a preliminary injunction to prevent the federal government from interfering with Raich and Monson: "We find that the appellants have demonstrated a strong likelihood of success on their claim that, as applied to them, the Controlled Substances Act is an unconstitutional exercise of Congress' Commerce Clause authority.

upholding the constitutionality of the CSA.

Reply Brief for United States 19 (citing Proposition 215 L. 75—238, 50 Gonzales v. Raich (previously Ashcroft v. Raich), 545 U.S. 1 (2005), was a decision by the United States Supreme Court ruling that under the Commerce Clause of the US Constitution, Congress may criminalize the production and use of homegrown cannabis even if state law allows its use for medicinal purposes.[1]. Gonzales v Raich: the US supreme court's consideration captured the public policy debate about the medical use of marijuana.
interstate commerce.

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