Gonzales V. Raich

Topics: United States Congress, United States Constitution, Gonzales v. Raich Pages: 2 (519 words) Published: November 12, 2012
Pace University Michael Khoo
LAW 101
Gonzales v. Raich(545 U.S. 1 (U.S. Sup. Ct. 2005))

Angel Raich and Diane Monson (plaintiffs) suffered from serious medical conditions and the only effective treatment was the use of Marijuana which was recommended by the doctors. In 1996, a California statue, under the name of The Compassionate Use Act, was established to legally allow marijuana to be used only for medicinal purposes. Monson cultivated her own Marijuana for her own usage as she relied on it heavily for daily functions. The Drug Enforcement Administration (defendant) came to Monson’s house, discovered the cannabis plants and destroyed all six of them. Raich and Monson sued the DEA to obtain an injunction that would inhibit the enforcement of the federal Control Substance Act (CSA) on Monson. The CSA classifies marijuana as a controlled substance. Raich and Monson claimed that enforcing the CSA would violate the Commerce Clause and the Due Process Clause of the Fifth Amendment.

Angel Raich and Diane Monson (plaintiffs) won the case. The Drug Enforcement Administration (defendant) lost the case. III. LEGAL PRINCIPAL

Whether Congress’ power to regulate interstate markets for medical substances encompasses the portions of those markets that are supplied with drugs produced and consumed locally. B. HOLDING


In this Constitutional Case, the Controlled Substance Act (CSA) gives Congress and the Federal government the right to confiscate and/ or destroy any discovered controlled substances. Marijuana is considered a schedule 1 controlled substance due to hazards, high potential for abuse and lack of medicinal benefits. The Compassionate Use Act was created in 1996 in California as a statue that legally allows Marijuana to be used only for medicinal and medical purposes. The argument used against the DEA for enforcing the CSA on the...
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