In 1970, Congress passed the Comprehensive Drug Abuse Prevention and Control Act to combat illegal drug use in the United States. 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. California enacted the Compassionate Use Act in 1996. Statement of the Facts: Congress passed the CFA in 1970 for the purpose of combating illegal drug use in the U.S. Congress then enacted the Controlled Substances Act (CSA). NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. GONZALES V. RAICH (03-1454) 545 U.S. 1 (2005) 352 F.3d 1222, vacated and remanded.

L. REV. Gonzales v. Raich. This section does not cite any sources. The act categorized illegal drugs into different categories called schedules and prevented their sale, purchase, and possession. 1253, 1257 (2003); Newbern, supra note 8, at 1600-05. The issue arose after the state of California passed the Compassionate Use Act in 1996, legalizing the use of marijuana for medicinal purposes. The Background of Gonzales v. Raich (2005) In 2002, the Federal Government – through the Drug Enforcement Agency (DEA) – entered the property of Angel Raich and repossessed the medicinal Marijuana of which she was legally in possession with regard to the statutes enacted by the State government of California; she had claimed that the Federal government acted in lieu of statutes … Gonzales v. Raich Case Brief. ALBERTO R. GONZALES, ATTORNEY GENERAL, et al., PETITIONERS v. ANGEL McCLARY RAICH et al. Gonzales v. Raich, 545 U.S. 1, 15 (2005) (discussing congressional authority to enact the CSA). ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT [June 6, 2005] Justice Thomas, dissenting. 17 See generally Brannon P. Denning & Glenn H. Reynolds, Rulings and Resistance: The New Commerce Clause Jurisprudence Encounters the Lower Courts, 55 ARK. United States Supreme Court 545 U.S. 1 (2005) Facts. Gonzales v. Raich (2005) is a United States Supreme Court case that brought forth the question: Does congress have the power to regulate locally grown marijuana in pursuant to the Interstate Commerce Clause of the Constitution? Background. Respondents Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect …



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