Gonzales V. Raich

Pace University Michael Khoo LAW ci Gonzales v. Raich(545 U. S. 1 (U. S. Sup. Ct. 2005)) I. FACTS Angel Raich and Diane Monson (plaintiffs) suffered from serious medical conditions and the only effective word was the use of ganja which was recommended by the doctors. In 1996, a California statue, on a lower floor the name of The Compassionate engage mask, was established to licitly allow marihuana to be used only for medicinal purposes. Monson cultivated her own cannabis for her own usage as she relied on it heavily for daily functions.The dose Enforcement Administration (defendant) came to Monsons house, discovered the cannabis plants and repealed all sextuplet of them. Raich and Monson sued the DEA to obtain an injunction that would inhibit the enforcement of the federal Control Substance scrap (CSA) on Monson. The CSA classifies hemp as a controlled substance. Raich and Monson claimed that enforcing the CSA would violate the physician clause and the Due Process clau se of the Fifth Amendment. II. JUDGEMENT Angel Raich and Diane Monson (plaintiffs) won the case.The Drug Enforcement Administration (defendant) lost the case. III. LEGAL PRINCIPAL A. ISSUE Whether telling 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 zero(prenominal) IV. REASONING A. GENERAL ANALYSIS In this Constitutional Case, the Controlled Substance turning (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 over cod 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 literary argument used against the DEA for enforcing the CSA on the plaintiffs is that it would be a violation of the Commerce Clause which is a major component of the Fifth Amendment.The Commerce Clause establishes that the sex act has the authority to oversee, regulate and intervene in interstate commercial activity. B. utilise ANALYSIS The Controlled Substance Acts jurisdiction was used by the DEA to destroy Marijuana in Monsons house because of the simple fact that Marijuana is categorized as a Schedule 1 controlled substance. except the plaintiffs argue that such action would take away the power of the Commerce Clause of the Fifth Amendment which states that the federal government system has the authority to swing and regulate interstate activity.Nowhere in that clause does it give the federal body the power to regulate intrastate activity which is the case of the cultivation of marijuana in Monsons house. In addition to that, the Compassionate Use Act supports the cultivation of marijuana in Monsons house because Monson is a affected role who was sev erely ill and whose life was dependent on the usage of Marijuana for recovery. According to the circumstances of this case in which the possession of marijuana was due to health, medical and medicinal reason, and for abuse purposes, the Supreme Court has overruled the DEA to execute the CSA on Monson.