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Constitutional Law Keyed to Barnett
Gonzales v. Raich
Citation:545 U.S. 1 (2005)
Respondents were two California residents who wanted to possess and use marijuana for medicinal purposes, pursuant to the Compassionate Use Act. They were both prescribed medicinal marijuana by a doctor, and their doctors said they needed marijuana to treat severe pain. Their marijuana was seized by federal Drug Enforcement Administration (DEA) agents, although county officials in California deemed respondents’ use lawful under the Compassionate Use Act. DEA agents destroyed the plants because they were banned substances under Title II (the Controlled Substances Act) of the Comprehensive Drug Abuse Prevention and Control Act. Respondents did not challenge the entire Comprehensive Drug Abuse Prevention and Control Act as an impermissible exercise of Congress’s authority under the Commerce Clause, but rather claimed that the law’s prohibition on the manufacture and possession of medical marijuana impermissibly conflicted with the California Law (Compassionate Use Act of 1996).
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