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.
|Published (Last):||15 September 2012|
|PDF File Size:||17.79 Mb|
|ePub File Size:||2.23 Mb|
|Price:||Free* [*Free Regsitration Required]|
Most commercial goods or services have some ggonzales of privately producible analogue. Because the CSA is a statute that directly regulates economic, commercial activity, our opinion in Morrison casts no doubt on its constitutionality. As an initial matter, the statutory challenges at issue in those cases were markedly different from the challenge respondents pursue in the case at hand. We accordingly vacate the judgment of the Court of Appeals.
Filburn and the later cases endorsing its reasoning foreclose that claim. If the Court is right, then Lopez stands for nothing more opiion a drafting guide: Supreme Court ruling that opiinion cannabis may be criminalized even if state law allows its medicinal use. Unlike those at issue in Lopez and Morrisonthe activities regulated by the CSA are quintessentially economic.
Respondents Angel Raich and Diane Monson are California residents who suffer from a variety of serious medical conditions and have sought to avail themselves of medical marijuana pursuant to the terms of the Compassionate Use Act. If the Federal Government can regulate growing a half-dozen cannabis plants for personal consumption not because it is interstate commerce, but because it is inextricably bound up with interstate commercethen Congress’ Article I powers — as expanded by goonzales Necessary and Proper Poinion — have no meaningful limits.
Executive Office of the President, Office of Nat. The first case involves a challenge by Oregon officials to the Bush Administration’s efforts to halt the practice of legal assisted suicides under Oregon’s Death with Dignity Act. WaltersF.
Gonzales v. Raich, 545 U.S. 1 (2005)
The homegrown cultivation and personal possession and use of marijuana for medicinal purposes has no apparent commercial character. The breadth of legislation that Congress enacts says nothing about whether the intrastate activity substantially affects interstate commerce, let alone whether it is necessary to the scheme. Partnership for a Drug-Free Americaseveral other antidrug organizations,  an alliance of seven Representativesincluding Mark Souder and Katherine Harrisall filed amicus briefs for the side of federal government.
To effectuate these goals, Congress devised a closed regulatory system making it unlawful to manufacture, distribute, dispense, or possess any controlled substance except in a manner authorized by the CSA. Federal agents then raided Raich’s and Monson’s homes and seized and destroyed all of Monson’s cannabis plants grown for personal use.
Well-settled law controls our answer. The differences between the members of a class so defined and the principal traffickers in Schedule I substances might be sufficient to justify a policy decision exempting the narrower class from the coverage of the CSA.
FilburnU. See Lopez, U. Thus, according to the Court, it was possible in Lopez to evaluate in isolation the constitutionality of criminalizing local activity there gun possession in school zoneswhereas the local activity that the CSA targets in this case cultivation and possession of marijuana for personal medicinal use cannot be separated from the general drug control scheme of which it is a part.
GarciaU. The interconnectedness of economic activity is not a modern phenomenon unfamiliar to the Framers. The Cato Institute Institute for Justice many libertarian organizations, and v.raiich National Organization for the Reform of Marijuana Lawsalong with other groups opposing the War on Drugsfiled briefs for Raich and Monson.
Marijuana is highly unusual among the substances subject to the CSA in that it can be cultivated without any materials that have traveled in interstate commerce.
The CSA is a statute that regulates the production, distribution, and consumption of commodities for which there is an established, and gonzalles, interstate market. Wickard produced for personal consumption and the wheat cultivated for sale on the open market, there is no discernable difference between personal home-grown medicinal marijuana and marijuana grown gonsales the express purpose of being sold in the interstate market.
Raich acts as a reminder of the power of Congress to determine public health policy. See Reply Brief for Petitioners 17— Topic Areas About Donate. See Brief for Petitioners 21—22; cf. 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. We do note, however, the presence of another avenue of relief. The First Hundred Years —, p.
Lopezand United States v.
Gonzales V. Raich: Implications for Public Health Policy
Filburnwhich held that the government may regulate personal cultivation and consumption of crops because of the aggregate effect of individual consumption on the government’s legitimate statutory framework governing the interstate wheat market. And respondents have not come into possession by means of any commercial transaction; they have simply grown, in their own homes, marijuana for their own use, without acquiring, buying, selling, or bartering a thing of value.
Supreme Court of the United States. Raich and Monson were gonzalez by Randy Barnett.
Nor do they contend that any provision or section of the CSA amounts to an unconstitutional exercise of congressional authority. That is not enough to render federal regulation an inappropriate means. Lopez, the Court struck down the Guns-Free School Zones Act ofa federal law barring the carrying of guns near schools.
See Alliance for Cannabis Therapeutics v.
Gonzales v. Raich – Wikipedia
The CSA does not, however, criminalize only the interstate buying and selling of marijuana. Even assuming that economic activity is at issue in this case, the Glnzales has made no showing in fact that the possession and use of homegrown marijuana for medical purposes, in California or elsewhere, has a substantial effect on interstate commerce. There is simply no evidence that homegrown medicinal marijuana users constitute, in the aggregate, a sizable enough class to have a discernable, let alone substantial, impact on the national illicit drug gonzalds otherwise to threaten the CSA regime.
First, Congress can regulate the channels of interstate commerce.