Facts
California voters passed Proposition 215 in 1996, legalizing the medical use of marijuana. The United States Federal Government has limited the use of marijuana since the 1937 Marijuana Tax Act came into effect. Defendant Angel Raich used homegrown medical marijuana, which was legal under California law, but illegal under federal law. On August 15, 2002, Butte County Sheriff's Department officers and agents from the federal Drug Enforcement Administration (DEA) destroyed all six of California resident Diane Monson's marijuana plants, facing light resistance. The marijuana plants were illegal Schedule I drugs under the federal Controlled Substances Act (CSA). CSA is Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970. Monson and Angel Raich sued, claiming that enforcing the CSA against them would violate the Commerce Clause, the Due Process Clause of the Fourth Amendment to the United States Constitution, the Ninth Amendment to the United States Constitution, the Tenth Amendment to the United States Constitution, and the doctrine of medical necessity.
Angel Raich's physician has stated that, without marijuana, Angel's life is threatened by excruciating pain. California was one of fourteen states that allowed medicinal use of marijuana. California's Compassionate Use Act allows limited use of marijuana for medicinal purposes.
Read more about this topic: Gonzalez V. Raich
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