Gonzales v. Raich

Gonzales v. Raich (previously Ashcroft v. Raich) is a case in which the United States Supreme Court ruled on June 5, 2005 that under the Commerce Clause of the United States Constitution which allows the United States Congress "To regulate Commerce ... among the several States," Congress may ban the use of marijuana even where states approve its use for medicinal purposes.

Litigation

On December 16, 2003, the 9th Circuit Court of Appeals granted a prelimary injunction to prevent the federal government from interfering with Angel and Diane. Part of their ruling follows:

Related Topics:
December 16 - 2003 - 9th Circuit Court of Appeals - Injunction

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:We find that the appellants have demonstrated a strong likelihood of success on their claim that, as applied to them, the Controlled Substances Act is an unconstitutional exercise of Congress' Commerce Clause authority.

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