Skip to content
Name: Raich v. Ashcroft
Case #: 03-15481
Court: US Court of Appeals
District 9 Cir
Opinion Date: 12/16/2003
Subsequent History: 2/25/04 rehrg. den.

After federal drug enforcement agents raided the appellants’ homes and seized marijuana plants, the appellants sued in federal court for declaratory and injunctive relief holding that the Controlled Substance Act, 21 U.S.C. §801 et seq, was unconstitutional insofar as it conflicted with California’s Compassionate Use Act. Over a strong dissent, the Ninth Circuit found that the appellants had demonstrated a strong likelihood that they would prevail on their claim that, as applied to them, the Controlled Substance Act was an unconstitutional exercise of congressional power under the Commerce Clause.