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 health check conditions and the only if effective treatment was the design of hemp which was recommended by the doctors. In 1996, a California statue, under the name of The kind Use subprogram, was established to legally stop marijuana to be employ only for medicinal purposes. Monson cultivated her own Marijuana for her own usage as she relied on it heavily for daily functions.The dose Enforcement presidential term (defendant) came to Monsons abode, discovered the cannabis plants and ruined all six of them. Raich and Monson sued the DEA to obtain an requirement that would inhibit the enforcement of the federal Control centre of attention effect (CSA) on Monson. The CSA classifies marijuana as a controlled substance. Raich and Monson claimed that enforcing the CSA would violate the work clause and the Due Process clause of the one-fifth Amendment. II. JUDGEMENT Angel Raich and Diane Monson (plaintiffs) won the case.The Drug Enforcement Administration (defendant) lost the case. III. LEGAL straits A. ISSUE Whether Congress power to shape interstate markets for medical substances encompasses the portions of those markets that are supplied with drugs produced and consumed locally. B. holding No. IV. REASONING A. GENERAL abstract In this Constitutional Case, the Controlled Substance Act (CSA) experiences Congress and the Federal authorities the practiced to confiscate and/ or exterminate all discovered controlled substances.Marijuana is considered a schedule 1 controlled substance due to hazards, high latent for contumely and lack of medicinal benefits. The pitying 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 argument used against the DEA for enforcing the CSA on the plaintiffs is that it would be a usurpation of the Commerce Clause which is a major(ip) component of the Fifth Amendment.The Commerce Clause establishes that the congress has the authority to oversee, cross and interpose in interstate commercial activity. B. utilize 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 categorize as a Schedule 1 controlled substance. However the plaintiffs argue that such litigate would take away the power of the Commerce Clause of the Fifth Amendment which states that the federal government body has the authority to overlook and shape 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 patient who was firm ly ill and whose life was dependent on the usage of Marijuana for recovery. According to the dowry 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.