Facts: Raich
uses marijuana for medicinal purposes.
The marijuana she uses is homegrown.
This is permitted under
Issue: Is the CSA a constitutional
use of Congress’s Commerce Clause power when applied to Raich’s
conduct?
Rule:
Analysis: The court finds that the
activity regulated is not commercial or economic in nature. There is no jurisdictional hook that connects
the CSA to the Commerce Clause. There
are congressional findings that set out the connection between controlled
substances and interstate commerce, but the court says these are not
dispositive and not pertinent to the particular situation at issue here.
The
dissent claims that it is impossible to distinguish the cultivation and use of
marijuana in this case from the cultivation and use of wheat in Wickard.
Conclusion: The district court is
reversed and a preliminary injunction is ordered.