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Gonzales V. Raich Case Brief

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Gonzales V. Raich Case Brief
In the case Gonzales v. Raich, Angel Raich, which is from California, was charged with home-grown, non-commercial use of medical marijuana. Raich has inoperable brain tumor, seizures, and chronic pain disorders. Raich has been prescribed medical marijuana 5 years before the cases even came up in court. Raich has to depend on 2 caregivers to grow the medical marijuana for her because of her condition. Before Gonzales v. Raich case came up, California passed the Compassionate Use Act in 1996. With passing it,it allowed the prescription of medical marijuana, but it affected the Federal Controlled Substance Act (CSA). The CSA banned possession of marijuana.
In 2002, Raich became aware of the Drug Enforcement Administration (DEA) that raided another medical marijuana patient’s home. Raich at that point became scared that she was unprotected from being charged with medical marijuana. Raich asked the federal district court, “to prohibit enforcement of federal drug laws against a person in her situation.” The federal district court did not agree.
Raich argued that congress had no power to regulate such actions and that it should be the role of the state legislate on the issue. Which California did in passing a statewide initiative permitting medical marijuana. Raich sought out a way that she could be protected from being …show more content…
If the state has legalized the use of medical marijuana then the federal government should not have the power to come in and have you arrested for having it. Yes, I know that the federal government’s power is far more greater than the state government but that still does not make it fair that if the state allows you to use medical marijuana you can still get arrested for having it. It would be a different story if you was selling the marijuana or misusing it, but if you are taking it as prescribed then I see no need in being charged for having medical marijuana when it is being prescribed to you
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