Smokin Moose
Fallen Cannabis Warrior & Ex Moderator
Ashcroft v. Raich may redefine the boundaries of the federal government's definition of "interstate commerce." Drug Enforcement Agency agents confiscated and destroyed cannabis plants in the California home of Diane Monson in 2002 under the guidelines of the Federal Controlled Substances Act. But, under the California Compassionate Use Act of 1996 - a state law - Monson was allowed to have the plants for medical use. Does the Federal Government have the right to ban medical marijuana use and acts associated with the growing of marijuana for medical purposes under the Commerce Clause of the United States Constitution?
RECOMMENDED ARTICLES
"Medical-marijuana case crucial" Seattle Times. November 29.
The Seattle Times: Health: Medical-marijuana case crucial
"Court hears medical marijuana case" Chicago Tribune. November 30.
(reg. required)
https://www.chicagotribune.com/features/health/chi-0411300174nov30,1,302283.story
"Excerpts of medical marijuana arguments" Seattle Post Intelligencer. November 30.
Seattle Post-Intelligencer: AP - Washington, D.C.
RESOURCES
"The California Compassionate Use Act of 1996"
CCUA: Implementation and Compliance
"The Federal Controlled Substances Act"
https://www.usdoj.gov/dea/agency/csa.htm
"The United States Constitution"
(Article 1, Section 8, Clause 3 — the "Commerce Clause")
https://www.billofrightsinstitute.org/sections.php?op=viewarticle&artid=44
DISCUSSION QUESTIONS
1. The federal government argues that it is allowed to control the medical use of marijuana because such use falls within the realm of interstate commerce. How could the Commerce Clause of the Constitution apply to medical marijuana?
* Possessing, manufacturing, or distributing a "valuable commodity" to a "ready market" has previously been defined as interstate commerce which can be regulated by Congress under the Commerce Clause of the Constitution.
* Precedents have given power under the Commerce Clause based upon "the impact on the economy of an entire category of activity, taken as a whole."
* The government believes that the users of medical marijuana - buying it on the street or growing it - will have an impact on the local, state, and the national economy.
* It is plausible that 100,000 out of 34 million Californians qualify for medicinal use of marijuana. 100,000 users will have an effect on the national economy
2. Why do Diane Monson and Angel Raich believe that the Commerce Clause does not apply to medical marijuana?
The marijuana plants were intended for each woman's use only. Because they were only growing for themselves, the marijuana could not have an effect on interstate commerce. Even if there was an effect, "relatively few people would meet the medical criteria for legal marijuana use, and any impact on the overall market for marijuana would therefore be trivial."
3. Why did the county police NOT confiscate the six marijuana plants of Diane Monson's? Why DID the federal agents of the Drug Enforcement Agency confiscate the plants?
According to the California Compassionate Use Act of 1996, it is legal for California residents to grow and use marijuana for medicinal purposes with a doctor's prescription. The county police officers were acting under the authority of this law, so they were not allowed to confiscate the plants. On the other hand, the DEA agents are under the authority of the Federal Controlled Substances Act which authorizes them to destroy the plants because they are considered illegal drugs.
4. When state laws are in conflict with federal laws, which takes precedence? Why?
Answers will vary. Some students will contend that state laws take precedence based on the Tenth Amendment. Other students will argue that federal laws always take precedence unless ruled unconstitutional by the Supreme Court or if state laws are violating Constitutional rights. A further discussion of the Tenth Amendment might be appropriate to further explore these ideas.
5. Create a situation unrelated to medicinal drug use in which a clash between states' rights and federal power might occur.
Answers will vary but may focus on issues that are currently being debated such as: abortion, gay marriage, eminent domain as well as historical issues such as segregation and taxation policy.
EXTENSIONS
1. Have students read three of the Founders' opinions on the role of the federal government in regulating commerce.
"The Founders' Constitution" Article 1, Section 8, Clause 3: "Commerce Clause"
Article 1, Section 8, Clause 3 (Commerce)
After they've read the excerpt, have them discuss — based upon their research — how and why the Founder's would have decided this case.
2. Have students research the following Supreme Court cases that directly involve the Commerce Clause or medical marijuana. Discuss the importance of each case in class.
United States v. Oakland Cannabis Buyers' Cooperative (2001) UNITED STATES V. OAKLAND CANNABISBUYERS' COOPERATIVE
Wickard v. Filburn (2004)
Follow Key News and Events in the Legal Industry - AGH Attorneys
United States v. Lopez (1995)
United States v. Lopez, 514 U.S. 549 (1995).
Gibbons v. Ogden (1820)
Article 1, Section 8, Clause 3 (Commerce): Gibbons v. Ogden
Emancipation Proclamation
The National Constitution Center is now home to a rare printing of the Emancipation Proclamation signed by Abraham Lincoln. Share this unique document with your students.
tribunals
Does the president have the constitutional authority to create military tribunals? Are the current tribunals acting in accordance with constitutional principles?
Miers
The following resources and questions will help your students better understand the confirmation process that Harriet Miers is likely to experience.
Intelligent Design
Is the required teaching of "intelligent design" in a public school a violation of the First Amendment's guarantee of separation of church and state?
Supreme Court 2005
We're taking a look at important cases that have been heard but not decided in the Supreme Court this term. Opinions on the following cases are expected soon.
Same Sex Marriage Different States, Different Rights
This lesson will explore the Tenth Amendment and states' rights implications of this topic.
Student Issues in the News
This activity will focus on three local issues relating to the Bill of Rights. Each topic represents an issue that directly affects students.
Pharmacist Conscience Laws
Does requiring a pharmacist to dispense medication he/she finds morally objectionable violate his/her First Amendment right to free exercise of religion?
Banning Violent Video Games
Is it a violation of the First Amendment to prevent the sale of video games that may be harmful to minors?
juvenile executions
In the recent decision in Roper v. Simmons, the Supreme Court ruled 5-4 that the execution of minors is unconstitutional. This lesson explores the case and the decision.
A Right to Die
Who has the right to decide if Terri Schiavo should live or die? Is there a constitutional right to die?
Federal Sentencing Guidelines Revisited
On January 12, the Supreme Court made two decisions regarding the federal sentencing guidelines. This activity will help students better understand the Supreme Court decision and its impact on federal crime sentencing.
New Year, New Cases
A great way to get warmed up as the New Year begins, is to take a look at some important cases that the Supreme Court will be deciding in 2005.
Enemy Combatants on Trial
Last week, a United States Circuit Court judge issued a writ of habeas corpus in a tribunal case being tried at the Guantanamo Bay Naval Base in Cuba. Judge Robertson ordered the case to stop pending further hearings about the classification of a prisoner as an "enemy combatant" or a "prisoner of war." At issue is whether or not the Constitutional and Geneva Conventions' protections should be afforded to "enemy combatants" and even whether a detainee can be so classified without a hearing. Should due process of law be required for suspected terrorists?
Cruel and Unusual Punishment for Minors
The United States Supreme Court has attempted to define what "cruel and unusual punishment" means for those convicted of a capital offense for a crime they committed while under the age of 18. Is it a violation of the eighth amendment to put someone to death who committed a serious crime as a minor?
Ten Year Gun Ban Expires
On Monday, September 13, the federal government's ban on certain types of semi-automatic guns expired, making the ownership of such weapons legal once again. Opponents of the ban argue that it was not an effective law, while proponents say that the ban has reduced crime rates and protected citizens. What types of restrictions on firearms are Constitutional?
Protesting at the Convention
Protesters at the Republican and Democratic National Conventions have complained in Boston and New York City that their first amendment rights to free speech and peaceable assembly are being violated. Both cities have argued that they are concerned about public safety during the conventions. Are the cities responding to legitimate public safety concerns or are the protesters exercising their constitutional rights?
Student Rights at the Prom
Last week, two issues involving the rights of high school students at their proms made the news. A school in Pennsylvania is requiring students to take an alcohol-detection test before they are allowed to enter the prom. A school in Texas is prohibiting same-sex dates at the prom. Do these policies violate the Constitutional rights of students?
RECOMMENDED ARTICLES
"Medical-marijuana case crucial" Seattle Times. November 29.
The Seattle Times: Health: Medical-marijuana case crucial
"Court hears medical marijuana case" Chicago Tribune. November 30.
(reg. required)
https://www.chicagotribune.com/features/health/chi-0411300174nov30,1,302283.story
"Excerpts of medical marijuana arguments" Seattle Post Intelligencer. November 30.
Seattle Post-Intelligencer: AP - Washington, D.C.
RESOURCES
"The California Compassionate Use Act of 1996"
CCUA: Implementation and Compliance
"The Federal Controlled Substances Act"
https://www.usdoj.gov/dea/agency/csa.htm
"The United States Constitution"
(Article 1, Section 8, Clause 3 — the "Commerce Clause")
https://www.billofrightsinstitute.org/sections.php?op=viewarticle&artid=44
DISCUSSION QUESTIONS
1. The federal government argues that it is allowed to control the medical use of marijuana because such use falls within the realm of interstate commerce. How could the Commerce Clause of the Constitution apply to medical marijuana?
* Possessing, manufacturing, or distributing a "valuable commodity" to a "ready market" has previously been defined as interstate commerce which can be regulated by Congress under the Commerce Clause of the Constitution.
* Precedents have given power under the Commerce Clause based upon "the impact on the economy of an entire category of activity, taken as a whole."
* The government believes that the users of medical marijuana - buying it on the street or growing it - will have an impact on the local, state, and the national economy.
* It is plausible that 100,000 out of 34 million Californians qualify for medicinal use of marijuana. 100,000 users will have an effect on the national economy
2. Why do Diane Monson and Angel Raich believe that the Commerce Clause does not apply to medical marijuana?
The marijuana plants were intended for each woman's use only. Because they were only growing for themselves, the marijuana could not have an effect on interstate commerce. Even if there was an effect, "relatively few people would meet the medical criteria for legal marijuana use, and any impact on the overall market for marijuana would therefore be trivial."
3. Why did the county police NOT confiscate the six marijuana plants of Diane Monson's? Why DID the federal agents of the Drug Enforcement Agency confiscate the plants?
According to the California Compassionate Use Act of 1996, it is legal for California residents to grow and use marijuana for medicinal purposes with a doctor's prescription. The county police officers were acting under the authority of this law, so they were not allowed to confiscate the plants. On the other hand, the DEA agents are under the authority of the Federal Controlled Substances Act which authorizes them to destroy the plants because they are considered illegal drugs.
4. When state laws are in conflict with federal laws, which takes precedence? Why?
Answers will vary. Some students will contend that state laws take precedence based on the Tenth Amendment. Other students will argue that federal laws always take precedence unless ruled unconstitutional by the Supreme Court or if state laws are violating Constitutional rights. A further discussion of the Tenth Amendment might be appropriate to further explore these ideas.
5. Create a situation unrelated to medicinal drug use in which a clash between states' rights and federal power might occur.
Answers will vary but may focus on issues that are currently being debated such as: abortion, gay marriage, eminent domain as well as historical issues such as segregation and taxation policy.
EXTENSIONS
1. Have students read three of the Founders' opinions on the role of the federal government in regulating commerce.
"The Founders' Constitution" Article 1, Section 8, Clause 3: "Commerce Clause"
Article 1, Section 8, Clause 3 (Commerce)
After they've read the excerpt, have them discuss — based upon their research — how and why the Founder's would have decided this case.
2. Have students research the following Supreme Court cases that directly involve the Commerce Clause or medical marijuana. Discuss the importance of each case in class.
United States v. Oakland Cannabis Buyers' Cooperative (2001) UNITED STATES V. OAKLAND CANNABISBUYERS' COOPERATIVE
Wickard v. Filburn (2004)
Follow Key News and Events in the Legal Industry - AGH Attorneys
United States v. Lopez (1995)
United States v. Lopez, 514 U.S. 549 (1995).
Gibbons v. Ogden (1820)
Article 1, Section 8, Clause 3 (Commerce): Gibbons v. Ogden
Emancipation Proclamation
The National Constitution Center is now home to a rare printing of the Emancipation Proclamation signed by Abraham Lincoln. Share this unique document with your students.
tribunals
Does the president have the constitutional authority to create military tribunals? Are the current tribunals acting in accordance with constitutional principles?
Miers
The following resources and questions will help your students better understand the confirmation process that Harriet Miers is likely to experience.
Intelligent Design
Is the required teaching of "intelligent design" in a public school a violation of the First Amendment's guarantee of separation of church and state?
Supreme Court 2005
We're taking a look at important cases that have been heard but not decided in the Supreme Court this term. Opinions on the following cases are expected soon.
Same Sex Marriage Different States, Different Rights
This lesson will explore the Tenth Amendment and states' rights implications of this topic.
Student Issues in the News
This activity will focus on three local issues relating to the Bill of Rights. Each topic represents an issue that directly affects students.
Pharmacist Conscience Laws
Does requiring a pharmacist to dispense medication he/she finds morally objectionable violate his/her First Amendment right to free exercise of religion?
Banning Violent Video Games
Is it a violation of the First Amendment to prevent the sale of video games that may be harmful to minors?
juvenile executions
In the recent decision in Roper v. Simmons, the Supreme Court ruled 5-4 that the execution of minors is unconstitutional. This lesson explores the case and the decision.
A Right to Die
Who has the right to decide if Terri Schiavo should live or die? Is there a constitutional right to die?
Federal Sentencing Guidelines Revisited
On January 12, the Supreme Court made two decisions regarding the federal sentencing guidelines. This activity will help students better understand the Supreme Court decision and its impact on federal crime sentencing.
New Year, New Cases
A great way to get warmed up as the New Year begins, is to take a look at some important cases that the Supreme Court will be deciding in 2005.
Enemy Combatants on Trial
Last week, a United States Circuit Court judge issued a writ of habeas corpus in a tribunal case being tried at the Guantanamo Bay Naval Base in Cuba. Judge Robertson ordered the case to stop pending further hearings about the classification of a prisoner as an "enemy combatant" or a "prisoner of war." At issue is whether or not the Constitutional and Geneva Conventions' protections should be afforded to "enemy combatants" and even whether a detainee can be so classified without a hearing. Should due process of law be required for suspected terrorists?
Cruel and Unusual Punishment for Minors
The United States Supreme Court has attempted to define what "cruel and unusual punishment" means for those convicted of a capital offense for a crime they committed while under the age of 18. Is it a violation of the eighth amendment to put someone to death who committed a serious crime as a minor?
Ten Year Gun Ban Expires
On Monday, September 13, the federal government's ban on certain types of semi-automatic guns expired, making the ownership of such weapons legal once again. Opponents of the ban argue that it was not an effective law, while proponents say that the ban has reduced crime rates and protected citizens. What types of restrictions on firearms are Constitutional?
Protesting at the Convention
Protesters at the Republican and Democratic National Conventions have complained in Boston and New York City that their first amendment rights to free speech and peaceable assembly are being violated. Both cities have argued that they are concerned about public safety during the conventions. Are the cities responding to legitimate public safety concerns or are the protesters exercising their constitutional rights?
Student Rights at the Prom
Last week, two issues involving the rights of high school students at their proms made the news. A school in Pennsylvania is requiring students to take an alcohol-detection test before they are allowed to enter the prom. A school in Texas is prohibiting same-sex dates at the prom. Do these policies violate the Constitutional rights of students?
