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Gonzales Vs Raich Case Study

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The Case Against Marijuana Gonzales v. Raich In Gonzales v. Raich the legal issue facing the court is whether Congress has the power, through Article I Section 8 of the Constitution, to “prohibit the local cultivation and use of marijuana in compliance with California law.” The 1996 Proposition 215, now codified as the Compassionate Use Act of 1996, was created to ensure ill residents of California had access to medicinal marijuana. The 1996 Act is relevant to this 2005 case because it is important to the eventual dispute before the court. Angel Raich and Diane Monson suffered from serious medical conditions and used marijuana as medication for several years, due to their doctors’ recommendation. They used marijuana in compliance to the
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Alberto Gonzales v. Angel McClary Raich, 545 U.S Facts: California passed the “Compassionate Use Act of 1996” which allowed for ill residents to use medical marijuana for medical purposes. The respondents, Angel Raich and Diane Morson suffered from several illness that only medical marijuana could treat. They were growing marijuana in their home, and had their plants destroyed by DEA agents. The Defendant sued the Attorney General, arguing that Congress had exceeded their interstate commerce clause authority in legislating the behavior of a local citizen, consuming a locally grown herb in his own home, after the act was passed.

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The Supreme Court Case Gonzales vs. Oregon, argued on October 5, 2005, deals with an act that Oregon enacted, the “Death With Dignity Act.” Under this act, physicians had the power to prescribe fatal doses of controlled substances to patients who were terminally ill —meaning that suicide assisted by a doctor was now legal in Oregon. Attorney General John Ashcroft, in 2001, asked that law enforcement prosecute doctors who prescribed these lethal doses of controlled substances by issuing a ruling called the “Ashcroft Directive.” The Ashcroft Directive stated that under the Controlled Substances Act, suicide under a physician was not an actual “medical purpose,” and therefore, illegal. The General Attorney proceeding Ashcroft, Alberto Gonzales,

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The Department of Justice decided not to challenge Colorado and Washington State ballots that pushed the legalization of marijuana for adult use. If the federal government decision to invoke the federal laws against the individuals in states with their own administration, the additional ramification for continues disregard of federal prohibition will stand

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In the 1960’s marijuana use had no outstanding effects on the United States people but in today's society the use of marijuana had become a huge epidemic over the past years. Even though it has been scientifically proven that marijuana can help seizures, Crohn’s, and effects of cancer, yet many people in today's society still believe that it has no use. In the United States 45 percent of drug arrest in 2013 were due to marijuana, but at Woodstock in 1969 when there was a controversial “Drug War” no one was arrested for marijuana (Merino par. 3). The use of marijuana is more strict in the United States now then it was in

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Back in the early twentieth century, marijuana was mainly used for medical purposes in the US. Now, both it 's recreational and medical use is increasingly being consumed by the population and the tendency is to continue increasing. Much has been said about the use of marijuana as a solution to different health problems, and although not everything that is said is true, it cannot be ignored that marijuana can help in the treatment of some cases of adult patients. CNN’s chief medical correspondent, Dr. Sanjay Gupta, was opposed to the medicinal use of cannabis. Based on his knowledge as a neurologist, he was convinced that the drug was dangerous and had dismissed its supposed therapeutic benefits.

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As a nation we have come to point where we must take a unified stand on the issue of marijuana. Since 1937 the drug has been deemed illegal by the U.S. government but over the best decade, people have been pushing for the decriminalization of the cannabis plant. As a non drug user, i have researched the internet in search of unbiased information regarding the drugs health, economic, and crime influences on society. The fruits of my labor have brought me to the undisputable conclusion that our continued restriction on possession and use of the drug not only violates the liberties of U.S. citizens, but it also is costing Americans Billions of dollars, and something, our lives.

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Today the demands are changing in different states. In States such as Colorado and Washington, marijuana has been legalized for recreational use. This move raised several questions as far as decriminalization of marijuana is concerned. Besides portraying the US in a bad light, legalization of marijuana for recreation increases the risk of developing mental problems, increases government expenditure on public health, jeopardizes the future of children, and is a gateway to other dangerous drugs. Increased health problems and public health expenditure-

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However, this ruling does not overturn a state law such as California to allow medical marijuana in their state. However, it does mean that people who have an illness such as Larry Harvey are at risk of being sued by the federal agencies including Drug Enforcement Administration. The Bush administration has been against legalizing medical marijuana, Justice Paul Stevens of the Bush administration has been emphasizing against marijuana stating “unscrupulous physicians” might exploit the broadly worded California law to make marijuana and sell it. On the other hand, California Attorney General Bill Lockyer emphasized that ill citizens of California will continue to grow medical marijuana ignoring the risk of arrest and prosecution under federal law. Attorney General Bill Lockyer said “shows the vast philosophical difference between the federal government and Californians on the rights of patients to have access to the medicine they need to survive and lead healthier lives.”

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In the past decade, a number of movements to legalize the use of marijuana has been gaining momentum. According to the 2016 Gallup survey, a record high 60% of Americans say that marijuana should be legalized and this figure marks a 9% increase compared to 2014. Support for legalizing marijuana was 31% in 2000, 50% in 2016 before reaching 60% last year. This shows that despite government efforts to eliminate its use, marijuana is becoming more popular. It is clear that

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Opposing Viewpoints in Context, link.galegroup.com/apps/doc/A369861026/OVIC?u=nysl_sc_btbsls&xid=53e553ee. Accessed 6 Feb. 2017. Your opinion on the law: The New York State Department of Health today announced that it has officially filed amendments to the Medical Use of Marijuana regulations that will authorize nurse practitioners to register with the Department to certify patients for medical marijuana as of the end of November. Sources Used: https://www.health.ny.gov/press/releases/2016/2016-11-22_medical_marijuana_program_expansion.htm Your opinion on the law: If you are arrested for charges relating to illegal possession of marijuana in New York, the penalties you face will often depend on the amount of marijuana you possessed and your intended use for

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