In 1996, California decriminalized the doctor-approved medical use of marijuana. The federal Controlled Substances Act (CSA), on

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In 1996, California decriminalized the doctor-approved medical use of marijuana. The federal Controlled Substances Act (CSA), on the other hand, forbids the use, cultivation, or possession of marijuana for any purpose. A Californian, Angel Raich, whose doctor testified that “forgoing cannabis treatments would certainly cause Raich excruciating pain and could very well prove fatal,” challenged the application of the CSA against California medical marijuana users. The heart of her claim was that the Commerce Clause does not give the federal government the authority to regulate the noncommercial cultivation and personal, medical use of marijuana that does not cross state lines. She won before the Ninth Circuit, but lost in the U.S. Supreme Court by a 6–3 vote. 


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Gary Marbut of Missoula, Montana, hoped to manufacture. 22 caliber rifles he called Montana Buckaroos. He wanted to produce and sell the guns exclusively in Montana from materials originating in Montana. He argued that Buckaroos could not be subject to federal regulation if made and sold only on an intrastate basis. Marbut (and others) brought suit seeking a court order affirming the right in Montana to manufacture and sell guns free of federal regulation. Decide. See Montana Shooting Sports Association v. Holder, 727 F.3d 975 (9th Cir. 2013), cert. denied, 134 S. Ct. 955 (2014).

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Law Business And Society

ISBN: 9781260247794

13th Edition

Authors: Tony McAdams, Kiren Dosanjh Zucker, Kristofer Neslund, Kari Smoker

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