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Gonzales v. Raich


Gonzales v. Raich: The Background

In 2002, the United States Federal Government entered the property of Angel Raich and repossessed the woman’s medicinal marijuana. The Government entered Raich’s property through the Drug Enforcement Agency—agents of the DEA stormed Raich’s property to seize his illegal drugs. The one problem with the Drug Enforcement Agency’s efforts; however, was that Angel Raich was legally in possession of the drugs because laws in California allowed residents to possess marijuana if they were licensed. Because the government entered her property and seized her drugs which she owned legally, Raich claimed that the government violated the state’s laws. 

Angel Raich, along with her doctor—the physician who prescribed her the medical marijuana—claimed that the drug was needed to help her recover from sickness and injuries she sustained from a car accident. Angel Raich appealed the charges brought against her and counter-filed a claim against the federal government because Proposition 215 of California says that unless expressed permission by a California department, the act of possessing, using, selling, growing or buying Marijuana is illegal. 

The case of Gonzales v. Raich is very unique because the drugs in question were medicinal in nature. In the state of California doctors may prescribe marijuana to their patients if they believe the drug would help them recover from illness or injury. So, in general, if an individual in the state of California is prescribed marijuana for medical purposes, the possession of the drug is legal. However, any activity dealing with marijuana that takes place outside of medicinal purposes is illegal. 

Gonzales v. Raich: Case Profile

The case of Gonzalez v. Raich took place on November 24th of 2004. The case revolved around the following charges and suits: Angel Raich claimed that the Federal Government of the United States violated the statute of “medical necessity” which allows an individual to possess and use medical marijuana if prescribed by a licensed doctor. Raich, in Gonzalez v. Raich claimed that the government violated her 5th, 9th and 10th Amendment rights. The case of Gonzales v. Raich was heard in the United States Supreme Court. 

Gonzales v. Raich: The Verdict

The United States Supreme Court ruled in favor of Gonzales—the acting District Attorney of the state of California. The court ruled in favor of Gonzales because the United States Federal Government did not recognize the use of medical marijuana for medicinal purposes and the government was permitted to place bans and repossession of marijuana that may be deemed legal by the state. These bans and the ability of the government to take someone’s medical marijuana exist regardless of prescriptions and state laws. 

The verdict of Gonzales v. Raich basically said that the federal government is allowed to overpower state laws with regards to medicinal marijuana and laws surrounding these state laws.  

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