I. Conant v. Walters (formerly Conant v. McCaffrey)
A. Case Summary: When California passed its medical marijuana regulations in 1996 the US government threatened physicians who recommended marijuana with the loss of their license. Physicians and patients filed this class action lawsuit. The US District Court and the Court of Appeals for the Ninth Circuit found for the physicians and issued a Permanent Injunction, which permits physicians to discuss marijuana with their patients and to approve the use of marijuana in their medical treatment.
B. Main Case Documents
Document
Date
Link to Source Document
1.
Plaintiff's Complaint US District Court for the Northern District of California
II. USA v. Oakland Cannabis Buyers' Cooperative (OCBC) and Jeffrey Jones
A. Case Summary: Oakland Cannabis Cannabis Buyer's Cooperative and its proprietor, Jeffrey Jones, distributed marijuana based on the theory that they could be each patient's "caregiver," and qualify as such under federal necessity law. The US government disagreed, and filed a lawsuit to cease OCBC operations.
B. Main Case Documents
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Date
Link to Source Document
1.
Defendants Answers to Complaint and Demand for Jury Trial US District Court for the District of Northern California
III. Gonzalez v. Raich (also known as Ashcroft, et al. v. Raich, et al. and Raich v. Ashcroft )
A. Case Summary: Two medical marijuana patients, Angel McClary Raich and Diane Monson, and two caregivers, John Doe Number One and John Doe Number Two, filed a complaint and motion for preliminary injunction against US Attorney General John Ashcroft and former DEA Administrator Asa Hutchinson.
The plaintiffs asked Judge Martin J. Jenkins to issue a Preliminary Injunction during the pendency of the action, and a Declaratory Relief and a Permanent Injunction enjoining the defendants from arresting or prosecuting the plaintiffs, seizing their medical cannabis, forfeiting their property, or seeking civil or administrative sanctions against them for their activities
The complaint stated that John Ashcroft and Asa Hutchinson are "unconstitutionally exceeding their authority by embarking on a campaign of seizing or forfeiting privately-grown intrastate medical cannabis from California patients and caregivers, arresting or prosecuting such patients, mounting paramilitary raids against patients and caregivers, harassing patients and caregivers, and taking other civil or administrative actions against them." clinics or clubs that "sell" medical marijuana (and are not patient co-ops), will be more vulnerable to federal arrest and seizure. The US Drug Enforcement Administration and other law enforcement agencies may feel bolstered by the decision, and use it to "crack down" on medical marijuana centers, cultivations, patients, and their caregivers.
Question Presented to the Court:
"Whether the [US] Controlled Substances Act, 21 USC. 801 et seq., exceeds Congress' power under the Commerce Clause as applied to the intrastate cultivation and possession of marijuana for purported personal 'medicinal' use or to the distribution of marijuana without charge for such use."
B. Main Case Documents
Document
Date
Link to Source Document
1.
Complaint for Declaratory Relief and for Prelimninary and Permanent Injunctive Relief US District Court for the District of Northern California
3. Mark E. Souder; US Representative, Cass Ballenger; US Representative, Dan Burton; US Representative, Katherine Harris; US Representative, Ernest J. Istook, Jr.; US Representative, Jack Kingston; US Representative, and US Representative, Doug Ose
7. Leukemia and Lymphoma Society; Pain Relief Network; California Medical Association; AIDS Action Council; Compassion in Dying Federation; End-of-Life Choices; National Women's Health Network; Global Lawyers and Physicians; and AUTONOMY, Inc.
11. National Organization for the Reform of Marijuana Laws (NORML); The NORML Foundation; the National Association of Criminal Defense Lawyers; Washington Association of Criminal Defense Lawyers; and Oregon Criminal Defense Lawyers Association
