Supreme Court
After the Ninth Circuit's ruling, the United States Department of Justice then requested and received a stay while it appealed the case to the Supreme Court of the United States.
Citing the results of the Gonzales v. Raich case (June 5, 2005), the Supreme Court decided not to hear the case but rather to vacate the ruling below and remand it to court of appeals "in light of" Raich. The Ninth Circuit was thereby directed to reconsider Stewart and be guided in that reconsideration by Raich. Raich holds that Congress can use the Commerce Clause to ban homegrown marijuana due to its potential to affect the supply and demand in the interstate market.
Read more about this topic: United States V. Stewart (2003)
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