Skip to content
Name: Raich v. Gonzales
Case #: 03-15481
Court: CA Court of Appeal
District 9 Cir
Opinion Date: 03/14/2007

Injunctive relief from the federal Controlled Substances Act is not available on a claim of common law doctrine of necessity. Raich is seriously ill with life-threatening conditions that can be treated only with marijuana. Her physician provided credible, non-contested evidence that other treatments were unavailable and that without marijuana, Raich would be in excrutiating pain and, because of a wasting condition, could die. Raich brought this action to prevent enforcement of the Act against her. The court denied relief because the common law necessity defense is an affirmative defense to protect from criminal liability but cannot be used to prospectively enjoin enforcement of a statute. The court also found that a due process claim, and a claim that the Act violated the state’s 10th amendment rights failed.