In 1996 California legalized the medical use of marijuana, even though it was st

Question

In 1996 California legalized the medical use of marijuana, even though it was still illegal under federal law. Californians Angel Raich and Diane Monson used medical marijuana that they grew on their own property. When federal agents destroyed their plants, Monson and Raich sued, claiming, among other things, that the Commerce Clause did not permit the federal government to regulate activities that took place in their back yards and homes. The federal government argued that since consuming locally-grown marijuana for medical purposes affects the interstate market for marijuana, the federal government may regulate—and prohibit—such consumption. Whose argument should prevail?

Explanation / Answer

Introduction:-

This is one of the most classic cases of California and Marijuana history. In this case since the respondent argued, that the use of marijuana was subject to only one person in the entire family.

The medicinal use of this practice would have to be looked into also.

"On August 15, 2002, Butte County Sheriff's Department officers and agents from the federal Drug Enforcement Administration (DEA) destroyed all six of California resident Diane Monson's marijuana plants, facing light resistance. The marijuana plants were illegal Schedule I drugs under the federal Controlled Substances Act (CSA)."

Answer:-

In this case as highlighted the fact that the state contested the purpose of this use could result in bad affects on the interstate markets of marijuana. Also it would mean that the sheriff department would have to track wether or not the actual use of such growth on owned property would be medicinal or not.

The court here, also looked into the fact that the Government did have the right to prohibit such use. The fact that such a practice may generally be misused and that for any medicinal purpose marijuana was already available, meant that such people could even buy the same than grow it.

Further if this was not regulated, the already existent market of ilicit marijuana would rise to grow since it would be difficult to track for the sheriff department the ultimate use of the marijuana was recreational or medicinal in use.

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