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	Gonzales v. Raich - Wikipedia, the free encyclopedia
		Raich), 545 U.S.), was a case in which the United States Supreme Court ruled on June 5, 2005 that under the Commerce Clause of the United States Constitution which allows the United States Congress "To regulate Commerce...
		Angel Raich of Oakland, California, Diane Monson of Oroville, California, and two anonymous caregivers sued the government on October 9, 2002 to stop the government from interfering with their right to medical marijuana.
		Raich and Monson sued for injunctive and declaratory relief in October 2002, claiming that the Controlled Substances Act was not constitutional as applied to their conduct.
	en.wikipedia.org /wiki/Gonzales_v._Raich (1358 words)

	No. 03-1454: Ashcroft v. Raich - Petition
		The complaint alleges that respondents Angel McClary Raich and Diane Monson are California citizens who use marijuana for medical purposes based on the recommendations of their physicians.
		Raich, a resident of Oakland, California, alleges that she suffers from numerous severe and debilitating medical conditions for which marijuana alone provides relief, and that her physicians recommend that she "medicate" with marijuana every two hours.
		Raich alleges that she is unable to cultivate her own marijuana and that she obtains marijuana free of charge from two "caregivers," respondents John Doe Number One and John Doe Number Two, who are also residents of Oakland, California, and who sued anonymously to protect Raich's marijuana supply.
	www.usdoj.gov /osg/briefs/2003/2pet/7pet/2003-1454.pet.aa.html (4621 words)

	Medical Marijuana Ninth Circuit 2003 Raich v. Ashcroft
		Angel McClary Raich, one of the appellants in the 9th Circuit case, is battling an inoperable brain tumor.
		Raich's doctor tried over 35 pharmaceutical medicines before marijuana, but all of them produced intolerable side effects and had to be discontinued.
		Raich's marijuana was given to her for free, and Monson grew her own.
	www.cognitiveliberty.org /dll/raich_9thcir.html (1027 words)

	GONZALES V. RAICH (Site not responding. Last check: 2007-10-23)
		Respondents Angel Raich and Diane Monson are California residents who suffer from a variety of serious medical conditions and have sought to avail themselves of medical marijuana pursuant to the terms of the Compassionate Use Act.
		Respondent Raich, by contrast, is unable to cultivate her own, and thus relies on two caregivers, litigating as “John Does,” to provide her with locally grown marijuana at no charge.
		For example, respondent Raich attests that she uses 2.5 ounces of cannabis a week.
	straylight.law.cornell.edu /supct/html/03-1454.ZO.html (7739 words)

	Drug Policy Alliance: In the Court's Hands: Our Right to be Free from Pain
		Angel Raich was confined to a wheelchair and unable to even hug her daughter when a nurse mentioned a medication that she had never considered.
		Raich, 39, who calls herself a "proper conservative mom," had never smoked marijuana in her life, and was taken aback at the nurse’s suggestion that she try medical cannabis.
		Raich uses medical marijuana in California, one of the ten states that have enacted laws in the past eight years permitting seriously ill patients to use medical marijuana to relieve their suffering per their physician’s recommendation.
	www.drugpolicy.org /library/113004abrahamson.cfm (420 words)

	Dude, where's my integrity? By Dahlia Lithwick
		Lucky for Raich, she resides in California—which passed the Compassionate Use Act of 1996.
		Unlucky for Raich, and for her co-plaintiff, Diane Monson, California is still part of the United States, in which the federal drug laws draw no distinctions between the deathly ill and the merrily stoned.
		Acting Solicitor General Paul Clement represents Ashcroft in this case, and he is arguing that states' rights are a good thing, unless the state in question is one of the 10, 11, or 12 states (depending on how you count them) that have legalized medicinal marijuana.
	www.slate.com /id/2110204 (1757 words)

	SCOTUSBlog (Site not responding. Last check: 2007-10-23)
		In my post below on the Raich argument, I mentioned that federal bans on the possession of certain "contraband" are not uncommon, and cited in particular the criminal statute prohibiting possession of machineguns.
		Ashcroft, the “medicinal marijuana” case, did not appear to divide neatly into their familiar federalism roles and that several Justices asked very pointed questions of each side.
		Raich (docket 04-1454), but it was clear that the reach of Congress’ legislative power over commerce was the most critical issue in the new case.
	www.goldsteinhowe.com /blog/archive/2004_11_28_SCOTUSblog.cfm (7739 words)

	Gonzales, Alberto, Atty. Gen., et al. v. Raich, Angel McClary, et al. - Medill - On the Docket
		Raich knew that in her fragile state, having federal agents storm into her house with guns could lead to death.
		In October 2002, Raich and Monson filed suit against Attorney General John Ashcroft and former DEA Administrator Asa Hutchinson, seeking a preliminary injunction and declaratory relief that would keep the defendants from future paramilitary raids, arrests, prosecutions, seizures of medical cannabis and forfeiture of property on medicinal cannabis patients and their caregivers.
		Robert Raich, an attorney who represented his wife in the lower courts, said the Court’s decision to take the case is another opportunity for people to use their medicine without fear.
	docket.medill.northwestern.edu /archives/000884.php (2136 words)

	On Ashcroft v. Raich - Smokedot (Site not responding. Last check: 2007-10-23)
		If the ruling is in favor of Raich it could bring an end to DEA raids on medical marijuana forever, either through marijuana rescheduling, or a possible but rather unlikely decision to overturn the Controlled Substances Act, potentially legalizing all drugs banned under the act at the federal level.
		If the ruling is in favor of Ashcroft, it could mean the end of all medical marijuana legislation at the state level, cementing jurisdiction of drugs at the federal level permanently.
		Raich decision will be a profound and lasting one for US drug policy now and for several years to come.
	smokedot.org /content/view/113 (1014 words)

	AlterNet: Protecting Patients' Rights
		The plaintiffs in the case are Angel Raich, who suffers from an inoperable brain tumor, a seizure disorder, wasting syndrome, and other documented medical conditions; Diane Monson, who suffers from chronic back pain and spasms; and two un-named caregivers.
		At issue in the case is a December 2003 Ninth Circuit Court of Appeals decision protecting Raich and Monson and thousands of other patients in states under court jurisdiction that have passed laws permitting use of medical marijuana – Alaska, California, Hawaii, Nevada, Oregon and Washington.
		Ashcroft, to be argued after the high court re-convenes in October, the federal government would be forced to cease arresting and harassing legally protected medical-marijuana patients in states under Ninth Circuit jurisdiction, at the least.
	www.alternet.org /story/19099 (582 words)

	Cannabis Culture Forums: Raich v. Ashcroft (Gonzales)
		Raich is a defeat for advocates of the medical use of marijuana, because the court ruled that federal drug laws can be enforced against patients even in states that would permit them to light up.
		But the true importance of Raich has nothing to do with drugs; it relates rather to the balance of power between the federal government and the states.
		The plaintiffs in Raich, patients who regard pot as essential medication for their conditions, contended that because their use of the drug is noncommercial and within a single state that tolerates medical marijuana, the federal government lacked the power to stop them.
	www.cannabisculture.com /forums/showflat.php?Number=1096750 (1520 words)

	Ashcroft v. Raich: Whither Federalism?
		Raich’s attorneys are not arguing that the CSA itself is unconstitutional, although a strong argument can be made that forbidding the sale and use of a product is not a “regulation of interstate commerce” as that phrase was understood at the time the Constitution was written.
		Among the many amicus curiae briefs submitted in Ashcroft is one by the Institute for Justice and University of Chicago Law School professor Richard Epstein, an expert on the meaning of the Commerce Clause, arguing for the overruling of Wickard.
		Even if Raich prevails, it will do nothing to stop the authoritarian CSA and its government enforcers from continuing to violate the rights of Americans to peacefully go about their lives — except for the few who fall under the medical-necessity statutes in a few states.
	www.fff.org /freedom/fd0503d.asp (2072 words)

	The Volokh Conspiracy - - (Site not responding. Last check: 2007-10-23)
		The high court heard arguments in the case of Angel Raich, who tried dozens of prescription medicines to ease the pain of a brain tumor and other illnesses before she turned to pot.
		Supporters of Raich and another ill woman who filed a lawsuit after her California home was raided by federal agents argue that people with the AIDS virus, cancer and other diseases should be able to grow and use marijuana.
		Ashcroft, the editorial page of The New York Times has balanced its contempt for the War on Drugs against its loathing of States' Rights and reached a middle ground: the Supreme Court should rule that Congress lacks the power to punish medical marijuana in this case, but "on narrow, fact-specific grounds.
	volokh.com /archives/archive_2004_11_28.shtml (6908 words)

	ashcroft v. raich
		Raich is a California citizen who has used marijuana for the last five years under the Compassionate Use Act.
		Due to Raich’s condition, she is unable to cultivate her own marijuana.
		The Ninth Circuit Court of Appeals reversed, holding the application of the CSA to Raich was likely unconstitutional and that she made a “strong showing of the likelihood of success on the merits.” The court reached its holding by relying on the Supreme Court decisions in Lopez and Morrison.
	law.duke.edu /publiclaw/supremecourtonline/certGrants/2004/ashvrai.html (335 words)

	Angel Justice : Index
		Angel Raich, a medical necessity patient with life-threatening illnesses, is asserting her right to fight for her own life.
		Ashcroft became the Petitioner and Raich became the Respondent.
		Raich to reflect the appointment of a new attorney general.
	www.angeljustice.org (622 words)

	Gonzales v. Raich (f/k/a Ashcroft v. Raich)
		Raich will have an immediate effect on three lower-court opinions in which the government had petitioned for cert.
		Ashcroft, 501 U.S. 452, 458-459 (1991) ("Just as the separation and independence of the coordinate branches of the Federal Government serve to prevent the accumulation of excessive power in any one branch, a healthy balance between federal and state power lies at the heart of liberty.")
		Raich's conduct, especially when such a fiction would lead to loss of liberty.
	federalism.typepad.com /ashcroft_v_raich (6323 words)

	[No title]
		Ashcroft to the district court with instructions to enter a preliminary injunction, as sought by the patients and caregivers.
		The lawsuit was filed on October 9, 2002, by patient-activist Angel McClary Raich, Diane Monson, and Angel's two anonymous caregiver growers.
		McClary Raich, a medical necessity patient with life-threatening illnesses, is asserting her right to fight for her own life.
	raich-v-ashcroft.com (555 words)

	ASA : Activists' Cases Riding on Raich and Booker
		The facts of his case fit Raich because Epis says he was never compensated for ninety-five percent of his grow, and did not receive payment for the remaining five percent.
		Ashcroft challenged the federal government’s authority to conduct medical marijuana raids and focused on the constitutional rights of patients to control the circumstances of their own pain relief, and ultimately their deaths.
		The Raich case will have a strong influence on the WAMM injunction because it is based on almost the exact same arguments.
	www.safeaccessnow.org /article.php?id=2117 (8683 words)

	GONZALES V. RAICH (Site not responding. Last check: 2007-10-23)
		Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued.
		Respondents Raich and Monson are California residents who both use doctor-recommended marijuana for serious medical conditions.
		After federal Drug Enforcement Administration (DEA) agents seized and destroyed all six of Monson’s cannabis plants, respondents brought this action seeking injunctive and declaratory relief prohibiting the enforcement of the federal Controlled Substances Act (CSA) to the extent it prevents them from possessing, obtaining, or manufacturing cannabis for their personal medical use.
	straylight.law.cornell.edu /supct/html/03-1454.ZS.html (895 words)

	Raich v. Ashcroft Decision
		The text of the 2005 US Supreme Court decision reversing the 2003 Ninth Circuit Court of Appeals ruling that the Interstate Commerce Clause of the US Constitution does not reach medical marijuana when it is cultivated and used within a state where it is legal and for purposes of non-commercial personal use.
		In 1913, California was one of the first States to prohibit the sale and possession of marijuana,2 and at the end of the century, California became the first State to authorize limited use of the drug for medicinal purposes.
		Although the court found that the federal enforcement interests “wane[d]” when compared to the harm that California residents would suffer if denied access to medically necessary marijuana, it concluded that respondents could not demonstrate a likelihood of success on the merits of their legal claims.
	www.chrisconrad.com /expert.witness/raich.htm (6598 words)

	Raich v. Gonzales (2005) [03-1454]
		After the Drug Enforcement Administration (DEA) seized doctor-prescribed marijuana from a patient's home, a group of medical marijuana users sued the DEA and U.S. Attorney General John Ashcroft in federal district court.
		The Ninth Circuit Court of Appeals reversed and ruled the CSA unconstitutional as it applied to intrastate (within a state) medical marijuana use.
		Morrison (2000) - the Ninth Circuit ruled using medical marijuana did not "substantially affect" interstate commerce and therefore could not be regulated by Congress.
	www.oyez.org /oyez/resource/case/1775 (335 words)

	Oregon Commentator Online: Comment on Raich v. Ashcroft oral arguments (Site not responding. Last check: 2007-10-23)
		Randy Barnett, attorney for the Raich side of the case, is convinced that a negative decision in this case would be the end of Rehnquist's "Federalism Revolution." And I'll take his word for it.
		The marijuana cultivation and use in Raich is noncommercial.
		The right result in Raich would, I hope, undo Wickard (personal consumption of wheat was regulable because it affected national New Deal price controls), but that's as far as it would probably go.
	www.oregoncommentator.com /mt/mt-comments.cgi?entry_id=433 (4277 words)

	ASA : Raich v. Ashcroft
		Ashcroft -- a case that may have significant impact on the future of medical marijuana, states' rights, federal power, and the meaning of the commerce clause.
		Raich is expected before the end of June 2005.
		Ashcroft are now on line in a pdf format.
	www.safeaccessnow.org /section.php?id=97 (705 words)

	De Novo: Ashcroft v. Raich
		Mark A. Kleiman has a post entitled The Supreme Court meets illicit-market economics from June 1 that was very interesting.
		As much as I disagree with the opinion in Wickard v.
		Might this be Justice Scalia's "slippery slope" argument in Lawrence v.
	www.blogdenovo.org /archives/000881.html (744 words)

	California Medicinal Marijuana Before Supreme Court : Indybay
		November 29, 2004: Angel McClary Raich is asking the U.S. Supreme Court to stop the federal government from cutting off her access to marijuana, which she uses under a doctor's recommendation to treat the physical manifestations of an inoperable brain tumor and wasting disease.
		In addition to Raich, who is from Oakland, the co-plaintiffs in this case include Diane Monson of Oroville in Butte County, who has severe back pain and muscle spasms, and two caregivers.
		Now she is back with a new legal challenge to the government's position." The court first heard arguments in the case on November 29th, and a decision will likely come in the spring.
	www.indybay.org /newsitems/2004/11/21/26562.php (822 words)

	<i>Raich v. Ashcroft</i> \| TPMCafe
		Getting the correct decision in Raich does not endanger the Civil Rights Act or most other federal laws.
		It doesn't strike me as surprising that given a return to this sort of arrangement of the country that liberals would return to advocating principles of "states' rights".
		In the wake of Raich, the best bet for marajuana law reform advocates is to push for state laws that turn misdemeanor marajuana posession into a ticketing offense.
	yglesias.tpmcafe.com /story/2005/6/6/134317/5090 (4311 words)

	Medical Marijuana ProCon.org - Ashcroft v. Raich / Raich v. Ashcroft
		Two medical marijuana patients, Angel McClary Raich and Diane Monson, and two caregivers, John Doe Number One and John Doe Number Two, filed a complaint and motion for preliminary injunction against U.S. Attorney General John Ashcroft and former DEA Administrator Asa Hutchinson.
		Win for Raich: A win for Raich will mean that federal law enforcement cannot arrest patients who adhere to state laws and possess or cultivate only for themselves (and possibly a few patients if no money is exchanged).
		The federal government may still be able to arrest and sanction those clinics, clubs, and cultivations that do not adhere to the specifics of permissibility under the Commerce Clause.
	medicalmarijuanaprocon.org /AshcroftRaich.htm?...+court&OVMTC=standard (965 words)

	Raich v. Ashcroft
		Raich sued for injunctive and declaratory relief, claiming that the CSA was unconstitutional as applied to her conduct.
		The district court denied Raich’s motion for a preliminary injunction, and Raich appealed.
		Analysis: The court finds that the activity regulated is not commercial or economic in nature.
	lawschool.mikeshecket.com /constitutionallaw/raichvashcroft.htm (160 words)

	Legal Theory Blog
		Raich gives the Supreme Court an opportunity to clarify the meaning of Lopez and Morrison and potentially, an opportunity to further limit Congress’s power or to modify its two “new federalism” decisions in a way that would make them toothless.
		Raich is potentially a very important case, but it also could be decided on very narrow grounds.
		Raich, but the implication would be that Congress could reach any conceivable activity simply by including the regulation of that activity within a statute that also reached interestate commerce.
	lsolum.blogspot.com /archives/2004_11_01_lsolum_archive.html (12401 words)

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