Sunday, May 19, 2019
Gonzales V. Raich
Pace University Michael Khoo LAW 101 Gonzales v. Raich(545 U. S. 1 (U. S. Sup. Ct. 2005)) I. FACTS Angel Raich and Diane Monson (plaintiffs) suffered from stark medical conditions and the only effective treatment was the use of cannabis which was recommended by the doctors. In 1996, a calcium statue, under the name of The Compassionate Use influence, was established to legally allow marijuana to be employ only for healthful purposes. Monson cultivated her own Marijuana for her own usage as she relied on it severely for daily functions.The Drug Enforcement Administration (defendant) came to Monsons house, observed the cannabis plants and destroyed all six of them. Raich and Monson sued the DEA to develop an injunction that would inhibit the enforcement of the federal Control fondness Act (CSA) on Monson. The CSA classifies marijuana as a controlled substance. Raich and Monson claimed that enforcing the CSA would violate the Commerce Clause and the Due Process Clause of the Fi fth Amendment. II. JUDGEMENT Angel Raich and Diane Monson (plaintiffs) win the contingency.The Drug Enforcement Administration (defendant) lost the case. III. LEGAL PRINCIPAL A. ISSUE Whether Congress reason to regulate 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 ANALYSIS In this Constitutional Case, the Controlled Substance Act (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 due 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 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 congress has the authority to oversee, regulate and intervene in interstate commercial activity. B. APPLIED ANALYSIS The Controlled Substance Acts jurisdiction was used by the DEA to destroy Marijuana in Monsons house because of the saucer-eyed fact that Marijuana is categorized as a Schedule 1 controlled substance. However the plaintiffs argue that much(prenominal) action 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 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 add-on to that, the Compassionate Use Act supports the cultivation of marijuana in Monsons house because Monson is a unhurried who was severely 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 penalise the CSA on Monson.