Gonzales v. Raich: Congressâs Power Under the Commerce Clause to Regulate Medical Marijuana (CRS Report for Congress)
| Release Date |
June 17, 2005 |
| Report Number |
RS22167 |
| Report Type |
Report |
| Authors |
Todd B. Tatelman, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
In Gonzales v. Raich, the Supreme Court was presented with a conflict between California's state law, permitting the medicinal use of marijuana, and the federal Controlled Substances Act (CSA). The Ninth Circuit had found the federal law unconstitutional "as applied," concluding that its enforcement against medicinal users was beyond Congress's enumerated power to regulate interstate commerce. The Supreme Court reversed, concluding that Congress had a rational basis for concluding that leaving home-consumed marijuana outside federal control would substantially affect conditions in the interstate market. The Court, in reaching its decision, specifically relied on Wickard v. Filburn (1942), which held that Congress could aggregate the impact of individual actors on the interstate market to find a substantial impact on interstate commerce.
