Morrison (2000), Scalia felt that it was necessary to distinguish those precedents from Raich. In the aftermath of decisions that limited the Commerce Clause power in U.S. As in that case, then, it could be regulated by the federal government under the Commerce Clause. Producing marijuana only for home consumption, moreover, was similar to the farmer's production of wheat in the Wickard case because it had an effect on the national market for the drug. Filburn to support the theory that market demands and the flow of the interstate economy would draw marijuana grown for medicinal use into channels for recreational use. He also cited the 1942 decision of Wickard v. Stevens pointed out that both plaintiffs either had participated in the market for recreational use or were contemplating participating in it. Unfortunately for them, their limited assault on its constitutionality left them open to the majority's argument that prohibiting the production of marijuana for medical reasons could be a rational means of restricting access to marijuana for recreational purposes. Several states and organizations on each side of the debate filed amicus curiae briefs with the Supreme Court.Ĭarefully distinguishing medical from recreational uses of marijuana, the plaintiffs had not challenged the CSA with regard to its prohibition against ordinary recreational use. Unsympathetic to the government's arguments that the Commerce Clause gave it the authority to regulate in this area, the Ninth Circuit granted a preliminary injunction to prevent interference with Raich and Monson. However, the DEA was determined to eradicate the medical marijuana co-ops in California, reflecting an understanding that the Controlled Substances Act pre-empted California laws. Monson suffered from pain and muscle spasms around her spine after a car accident, and she used marijuana to alleviate those symptoms. She was allergic to most conventional types of prescription drugs. Raich's doctor stated that she would be in extreme, life-threatening pain if she did not use the marijuana as allowed under the California Compassionate Use Act. Raich, Monson, and two caregivers brought a suit to protect their right to grow and use marijuana for medical purposes. The plants grown by Raich and Monson were legal in California under Proposition 215, which permitted the medical use of marijuana, but illegal under the federal Controlled Substances Act, which classified them as Schedule I drugs. Another California resident, Diane Monson, grew six marijuana plants that were destroyed in a raid by federal officials from the Drug Enforcement Administration. Angel Raich, a California resident, grew marijuana for her personal medical use.
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