Question
Reword and edit : Procedures : The Ninth Circuit Court of Appeals reversed the District Court order in Raich v. Ashcroft (2003). A majority in
Reword and edit :
Procedures :
The Ninth Circuit Court of Appeals reversed the District Court order in Raich v. Ashcroft (2003). A majority in the Ninth Circuit held that the CSA is an unconstitutional over reach of Congress' authority, and respondents "demonstrated a strong likelihood of success on their claim, as applied to them" (Bostrom, 2005). The Ninth circuit focused on prior cases such as: United States v. Lopez (1995) and United States v. Mormon (2000) to identify that this local activity for 5 GONZALES V. RAICH personal use was outside the federal governments power to regulate and under a valid California state law the respondents could in fact cultivate, possess, and use cannabis for medicinal purposes. The case was appealed and sent to and accepted by the Supreme Court of the United States in the summer of 2005 as Gonzalez v. Raich 545 U.S. 1
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