If you have any questions about these materials, or any other legal questions, you should consult an attorney who is a member of the bar of the state you reside in. The men mumbled something and Detective McFadden spun Terry around, patted down the outside of his clothing and found a pistol. Prohibiting the intrastate possession or manufacture of an article of commerce is a rational means of regulating commerce in that product. In the Majority's view, the scientific wisdom of the law was irrelevant; what mattered was whether the law was minimally rational. Even if Congress may regulate purely intrastate activity when essential to exercising some enumerated power, see Dewitt, 9 Wall.
Constitution authorizes the federal government to enforce the Controlled Substances Act despite state laws legalizing medical marijuana use. The regulatory scheme is designed to foster the beneficial use of those medications, to prevent their misuse, and to prohibit entirely the possession or use of substances listed in Schedule I, except as a part of a strictly controlled research project. Relying on this precedent, the Court determined that medical exceptions should not be made, which is where Gonzales v. Filburn 1942 United States v. These bare declarations cannot be compared to the record before the Court in Wickard. Raich reached the Supreme Court in the last year of the notoriously federalist Rehnquist Court. The court relied heavily on United States v.
Many political scholars argue that the ruling in Gonzales v. California is one of at least nine states that authorize the use of marijuana for medicinal purposes. Morrison, the court ruled that congress does possess the authority to regulate locally grown marijuana. That the regulation ensnares some purely intrastate activity is of no moment. Morrison, , 627 2000 Thomas, J.
Respondent Raich, by contrast, is unable to cultivate her own, and thus relies on two caregivers, litigating as John Does, to provide her with locally grown marijuana at no charge. Nor could it enact an intrastate ban simply to supplement existing drug regulations. Holding that congress has the authority to prohibit the local cultivation and use of marijuana in compliance with California law. Their claim is that the federal government had violated the constitution since it is constitutionally right to use marijuana for it marijuana was permitted to be used within the premises of the California State. The proposition was designed to ensure that seriously ill residents of the State have access to marijuana for medical purposes, and to encourage Federal and State Governments to take steps towards ensuring the safe and affordable distribution of the drug to patients in need.
The appellees John Ashcroft then filed a petition for rehearing and rehearing en banc in the Ninth Circuit Court of Appeals on January 23, 2004, and was denied on February 25, 2004. I would affirm the judgment of the Court of Appeals. Other States likewise prohibit diversion of marijuana for nonmedical purposes. Lopez, , 552—558 1995 ; id. This principle is not without limitation. Before that, in 1970 the Congress had approved the Comprehensive Drug Abuse Prevention and Control Act to prohibit and reduce the unlawful distribution of drugs.
Darby, , 118—119 1941 ; Shreveport Rate Cases, 234 U. Brief for Respondents 22, 38. Unsympathetic to the government's arguments that the Commerce Clause gave it the authority to regulate in this area, the Ninth Circuit granted a preliminary injunction to prevent interference with Raich and Monson. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. Surely, Congress cannot be expected and certainly should not be required to include specific findings on each and every substance contained therein in order to satisfy the dissenters unfounded skepticism. .
I California has been a pioneer in the regulation of marijuana. The two men walked back and forth an identical route a total of 24 times, pausing to stare inside a store window. We have never required Congress to legislate with scientific exactitude. In part because of the low incidence of medical marijuana use, many law enforcement officials report that the introduction of medical marijuana laws has not affected their law enforcement efforts. Even respondents acknowledge the existence of an illicit market in marijuana; indeed, Raich has personally participated in that market, and Monson expresses a willingness to do so in the future.
Gunther, Constitutional Law 127 9th ed. The exemption for physicians provides them with an economic incentive to grant their patients permission to use the drug. United States, , 273 1964 Black, J. See also Hipolite Egg Co. Third, Congress has the power to regulate activities that substantially affect interstate commerce. The case relied heavily on the precedent Gonzales v.
While the diversion of homegrown wheat tended to frustrate the federal interest in stabilizing prices by regulating the volume of commercial transactions in the interstate market, the diversion of homegrown marijuana tends to frustrate the federal interest in eliminating commercial transactions in the interstate market in their entirety. United States, , 426 1925. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because A after manufacture, many controlled substances are transported in interstate commerce, B controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and C controlled substances possessed commonly flow through interstate commerce immediately prior to such possession. But the question before us is not whether marijuana does in fact have valid therapeutic purposes, nor whether it is a good policy for the Federal Government to enforce the Controlled Substances Act in these circumstances. The homegrown cultivation and personal possession and use of marijuana for medicinal purposes has no apparent commercial character.