1. Gonzales v Raich

2. Vocab words to know  Commerce Clause – Congress has the right to regulate trade among the states  Interstate Commerce – trade between/among the states  Intrastate Commerce – trade within the state  Necessary and Proper Clause – Congress can do whatever is “Necessary and Proper” to carry out its duties  Federalism – the relationship between the fed and state government - who has what power?

3. California Law  Compassionate Use Act 1996  Legal to use marijuana for medical purposes if the doctor says

4. Federal Drug Law  Contradicts California law

5. Facts of the case  Monson’s home gets raided. DEA decides drugs are legal under CA law

6. How does Raich fit in?  Raich sues because she doesn’t want to get into trouble.

7. What does the lower court say?  Appeals court says localized growing and sharing under the care of a dr. was INTRASTATE commerce and Congress could NOT regulate it.

8.  Gonzales appeals because he wants Congress to have the power to regulate it.

9. What is the issue?  Can Congress regulate INTRASTATE commerce? If so, when?  OR  Do federal drug laws exceed Congress’ Commerce Clause power when applying to INTRASTATE possession and use of medicinal marijuana under state law?

10. Federalism Issue  It is an enumerated/delegated power that Congress gets to regulate INTERSTATE trade (it states it in the Constitution)  It is a reserved power (Amendment 10) that states regulate INTRASTATE commerce  So, what is this case? Are we dealing with enumerated or reserved powers?

11. Arguments for Raich  This is completely INTRASTATE, Congress has no power under the Commerce Clause  Market – supply and demand – this is INTRASTATE, not part of the national market  This is non-economic – not a huge money making activity

12. Arguments for Gonazales  Drugs – high potential for abuse and it is not acceptable for use as a medicinal treatment.  Congress passed a Controlled Substance Act, so it is within its power to regulate it.  Marijuana produced in CA could end up in the national market because demand will increase. This makes it INTERSTATE and therefore Congress can regulate it.

13. Gonzales continued  Production, distribution, and possession effects INTERSTATE commerce; Congress can regulate it  There is a pill form that does not have all the excess chemicals  California says you can possess marijuana for medical purposes regardless if it has crossed state lines. Congress says AH-HA! It is now INTERSTATE Commerce.

14. How did the Court rule?  In favor of Gonzales – Congress CAN regulate it.  If INTRASTATE commerce impacts INTERSTATE commerce, Congress can regulate it.  Use of medical marijuana would impact supply and demand; therefore Congress can regulate it  It is too hard to determine what is grown in CA and what is not

15. Majority Opinion Cont…  Necessary and Proper Clause  The goal is to prohibit marijuana in INTERSTATE commerce  Congress needs to do whatever is necessary to help that happen

16. Dissenters  Court is destroying Federalism  California voters voted to allow this, that is their right  This decision gives the government too much unchecked power.  Supposed to be a limited gov’t.