Case Summaries

Chat GPT Case Summary Comparison 2 : Ashcroft v. Raich Compared To The Cato Institute and Cornell LII Summaries

Published

2 years ago

March 23, 2023

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Discussion

To determine whether the CSA exceeds the power of Congress, the Court must determine whether the activities described in the Compassionate Use Act have an effect on interstate commerce sufficient to subject them to regulation under the Commerce Clause. This analysis is governed by two recent decisions: United States v. Lopez, 514 U.S. 549, 557 (1995), which described the categories of activity that may be regulated under the Commerce Clause, and United States v. Morrison, 529 U.S. 598, 637 (2000), which established a four-factor test governing when a regulated activity substantially affects interstate commerce.

I. Statutes Regulating Commerce or Any Sort of Economic Enterprise

The first of the Lopez-Morrison factors asks whether the statute regulates commerce or any sort of economic enterprise. The Ninth Circuit found that “the limited class of activities” presented by this case — the “cultivation, possession, and use of marijuana for medicinal purposes” — could not be characterized as commercial or economic activity. See Raich v. Ashcroft, 352 F.3d 1222, 1229 (9th Cir. 2003).However, at least one activity could definitely be called commerce: the sale of marijuana to caregivers. Furthermore, the Ninth Circuit erroneously analogized the use of medicinal marijuana to the use of “homegrown” child pornography discussed in United States v. McCoy, 323 F.3d 1114 (9th Cir. 2003). Thus while the activity in question is not directly commercial or economic, this factor still supports the ability of Congress to regulate the activity.

In McCoy, the court found that a picture taken and maintained for personal use had no connection to the national, multi-million dollar commercial pornography industry. See id. at 1131. Congress could therefore not regulate the possession of child pornography that had not been mailed, shipped, or transported interstate, or that was not intended for interstate distribution or economic use. See id. at 1115. Unlike the child pornography at issue in McCoy, however, it is uncertain whether all caregivers have obtained their marijuana from within state borders. Moreover, in McCoy, the court avoided the aggregation principle by finding that a “homegrown” piece of child pornography intended for personal use was a nonfungible product. See id. at 1131. The aggregation principle states that a product intended for intrastate use nonetheless affects interstate commerce where the aggregation of “many others similarly situated” might have an inadvertent, interstate effect. See Wickard v. Filburn, 317 U.S. 111 (1942) (finding that wheat produced on a single farm, for consumption on the farm on which it was produced, can have an effect on interstate commerce when aggregated with other similarly situated producers). Here, the Ninth Circuit argued that the aggregation principle was not applicable because, like the child pornography in McCoy, the intended use of the product was intrastate and by an individual. See Raich v. Ashcroft, 352 F.3d 1222, 1231 (9th Cir. 2003). This connection is tenuous at best — the production of marijuana much more closely resembles the production of fungible products like wheat, than it resembles the production of child pornography. The Court has a long history of finding that activity, when aggregated with the activities of other’s similarly situated, affects interstate commerce. See Hodel v. Virginia Surface Mining & Reclamation Assn., 452 U.S. 264 (1981) (coal mining); Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241, 258 (1964) (motel operation); Perez v. United States, 402 U.S. 146, 150 (1971) (loan sharking).

II. Statutes Containing a Jurisdictional Hook

The second Lopez-Morrison factor protects statutes that contain an “express jurisdictional element that might limit its reach to a discrete set of cases that substantially affect interstate commerce” — I.E., a “jurisdictional hook.” See generally United States v. Lopez, 514 U.S. 549, 562 (1995). No section of the CSA supplies the jurisdictional element contemplated by Lopez. See id. Like the statute in Lopez, there is no requirement that the product in question ever entered into interstate commerce. With that said, it should be noted that the CSA is not like the statute in Morrison, where Congress “elected to cast [the statute’s] remedy over a wider, and more purely intrastate, body of violent crime.” See United States v. Morrison, 529 U.S. 598, 613 (2000).Here, the intent is not to regulate purely intrastate activities; instead, the statute simply fails to provide the jurisdictional hook that would prevent it from applying to both intrastate and interstate activities.

III. Statutes Containing Express Congressional Findings

The third Lopez-Morrison factor asks whether the statute or its legislative history contains express congressional findings regarding the effects of the regulated activity upon interstate commerce. Several subsections of �801 of the CSA state specific congressional findings on the effect of controlled substances on interstate commerce:

(3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because —
- (A) after manufacture, many controlled substances are transported in interstate commerce,
- (B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and
- (C) controlled substances possessed commonly flow through interstate commerce immediately prior to such possession.
(4) Local distribution and possession of controlled substances contribute to swelling the interstate traffic in such substances.
(5) Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate.
(6) Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents of such traffic.

21 U.S.C. 801.

However, as the Ninth Circuit notes, none of these findings contemplate the specific activity in question — the use of medicinal marijuana. Raich v. Ashcroft, 352 F.3d 1222, 1232 (9th Cir. 2003).Moreover, according to Morrison, “the existence of congressional findings is not sufficient, by itself, to sustain the constitutionality of Commerce Clause legislation.” See United States v. Morrison, 529 U.S. 598, 614 (2000). Thus, while this factor supports upholding the CSA, it does not provide strong support.

IV. Where the Link is Attenuated

The final Lopez-Morrison factor “examines whether the link between the regulated activity and a substantial effect on interstate commerce is ‘attenuated.’” See Raich v. Ashcroft, 352 F.3d 1222, 1225 (9th Cir. 2003). While the link may not be attenuated, neither is it particularly strong.

On the one hand, in 1998, Americans spent approximately $11 billion on marijuana. Executive Office of the President, Office of National Drug Control Policy, What America’s Users Spend on Illegal Drugs, 1988-1998, at 1 (2000). Furthermore, marijuana is the most widely used illegal drug in the United States; of the nearly 20 million current drug users in this country, approximately 14.6 million (75 percent) are using marijuana. Substance Abuse & Mental Health Servs. Admin., 2002 National Survey on Drug Use and Health (2003). Finally, marijuana is a fungible, transferable, and therefore fundamentally economic product — even if a particular amount of marijuana has not actually been exchanged for cash. Raich v. Ashcroft, 352 F.3d 1222, 1242 (9th Cir. 2003) (“While it is clear that plaintiffs did not propose to sell or share their marijuana with others similarly situated (or even not similarly situated), they could.”) Thus marijuana is an inherently economic product, used by millions of Americans, constituting a multi-billion dollar industry — it would be impossible to say that any industry of this size is not inherently interstate in nature.

On the other hand, it is unclear how the activities of the particular plaintiffs, or similarly situated plaintiffs, have an effect on interstate commerce. Assuming that the number of users of medical marijuana is relatively low compared to the total number of marijuana users, and that their marijuana is cultivated locally, the activities made legal by the Compassionate Use Act should have a minimal effect on interstate commerce. Several California courts have already supported this idea. See, e.g., Conant v. Walters, 309 F.3d 629, 647 (9th Cir. 2002) (Kozinski, J., concurring) (“Medical marijuana, when grown locally for personal consumption, does not have any direct or obvious effect on interstate commerce. Federal efforts to regulate it considerably blur the distinction between what is national and what is local.”); County of Santa Cruz v. Ashcroft, 279 F.Supp.2d 1192, 1209 (N.D. Cal. 2003).

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Case Summaries

Our first Chat GPT Case Summary: UNITED STATES v. OAKLAND CANNABIS BUYERS’ COOPERATIVE 2011

Published

2 years ago

March 22, 2023

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Just to be very clear this case summary was written by Chat GPT

UNITED STATES v. OAKLAND CANNABIS BUYERS’ COOPERATIVE was a landmark case that dealt with the legality of medical marijuana use in the United States. The case was heard in the United States Court of Appeals for the Ninth Circuit.

In 1996, California became the first state in the US to legalize medical marijuana through the Compassionate Use Act. The Oakland Cannabis Buyers’ Cooperative (OCBC) was established in Oakland, California, to provide medical marijuana to patients with a doctor’s recommendation.

However, the federal government considered marijuana to be a Schedule I controlled substance under the Controlled Substances Act and thus illegal for any purpose, including medical use. In 1998, the United States Attorney’s Office for the Northern District of California filed a lawsuit against the OCBC for violating federal drug laws.

The case went to trial, and in 1999, the jury found the OCBC guilty of distributing marijuana in violation of federal law. The court issued an injunction against the OCBC, prohibiting it from distributing marijuana. The OCBC appealed the decision to the Ninth Circuit.

In 2001, the Ninth Circuit Court of Appeals upheld the lower court’s decision, finding that the distribution of marijuana for medical purposes violated federal drug laws. The court rejected the OCBC’s argument that it was exempt from federal prosecution under the “medical necessity” defense.

The court held that the Controlled Substances Act preempted California’s Compassionate Use Act, and that the OCBC’s activities were not protected by the First Amendment or the medical necessity defense.

The ruling in this case had significant implications for the medical marijuana industry in the US, as it established that federal law preempts state laws regarding the use and distribution of marijuana, even for medical purposes. However, it also spurred a push for legislative reform to address the conflict between state and federal laws on marijuana.

As a point of comparison this is what Cornell wrote at LII

https://www.law.cornell.edu/supct/html/00-151.ZS.html

SUPREME COURT OF THE UNITED STATES

UNITED STATES v. OAKLAND CANNABIS BUYERS’ COOPERATIVE et al.

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

No. 00—151. Argued March 28, 2001–Decided May 14, 2001

Respondent Oakland Cannabis Buyers’ Cooperative was organized to distribute marijuana to qualified patients for medical purposes. The United States sued to enjoin the Cooperative and its executive director, also a respondent (together, the Cooperative), under the Controlled Substances Act. The United States argued that the Cooperative’s activities violated the Act’s prohibitions on distributing, manufacturing, and possessing with the intent to distribute or manufacture a controlled substance. The District Court enjoined the Cooperative’s activities, but the Cooperative continued to distribute marijuana. The District Court found the Cooperative in contempt, rejecting its defense that any distributions were medically necessary. The court later rejected the Cooperative’s motion to modify the injunction to permit medically necessary distributions. The Cooperative appealed, and the Ninth Circuit reversed and remanded the ruling on the motion to modify the injunction. According to the Ninth Circuit, medical necessity is a legally cognizable defense likely applicable in the circumstances, the District Court mistakenly believed it had no discretion to issue an injunction more limited in scope than the Controlled Substances Act, and the District Court should have weighed the public interest and considered factors such as the serious harm in depriving patients of marijuana in deciding whether to modify the injunction.

Held:

1. There is no medical necessity exception to the Controlled Substances Act’s prohibitions on manufacturing and distributing marijuana. Pp. 5—11.

(a) Because that Act classifies marijuana as a schedule I controlled substance, it provides only one express exception to the prohibitions on manufacturing and distributing the drug: Government-approved research projects. The Cooperative’s contention that a common-law medical necessity defense should be written into the Act is rejected. There is an open question whether federal courts ever have authority to recognize a necessity defense not provided by statute. But that question need not be answered to resolve the issue presented here, for the terms of the Controlled Substances Act leave no doubt that the medical necessity defense is unavailable. Pp. 5—7.

(b) Under any conception of legal necessity, the defense cannot succeed when the legislature itself has made a determination of values. Here, the Act reflects a determination that marijuana has no medical benefits worthy of an exception (other than Government-approved research). Whereas other drugs can be dispensed and prescribed for medical use, see 21 U.S. C. §829, the same is not true for marijuana, which has “no currently accepted medial use” at all, §811. This conclusion is supported by the structure of the Act, which divides drugs into five schedules, depending in part on whether a drug has a currently accepted medical use, and then imposes restrictions according to the schedule in which it has been placed. The Attorney General is authorized to include a drug in schedule I, the most restrictive schedule, only if the drug has no currently accepted medical use. The Cooperative errs in arguing that, because Congress, instead of the Attorney General, placed marijuana into that schedule, marijuana can be distributed when medically necessary. The statute treats all schedule I drugs alike, and there is no reason why drugs that Congress placed there should be subject to fewer controls than those that the Attorney General placed there. Also rejected is the Cooperative’s argument that a drug may be found medically necessary for a particular patient or class even when it has not achieved general acceptance as a medical treatment. It is clear from the text of the Act that Congress determined that marijuana has no medical benefits worthy of an exception granted to other drugs. The statute expressly contemplates that many drugs have a useful medical purpose, see §801(1), but it includes no exception at all for any medical use of marijuana. This Court is unwilling to view that omission as an accident and is unable, in any event, to override a legislative determination manifest in the statute. Finally, the canon of constitutional avoidance has no application here, because there is no statutory ambiguity. Pp. 7—11.

2. The discretion that courts of equity traditionally possess in fashioning relief does not serve as a basis for affirming the Ninth Circuit in this case. To be sure, district courts properly acting as courts of equity have discretion unless a statute clearly provides otherwise. But the mere fact that the District Court had discretion does not suggest that the court, when evaluating the motion, could consider any and all factors that might relate to the public interest or the parties’ conveniences, including medical needs. Equity courts cannot ignore Congress’ judgment expressed in legislation. Their choice is whether a particular means of enforcement should be chosen over another permissible means, not whether enforcement is preferable to no enforcement at all. To the extent a district court considers the public interest and parties’ conveniences, the court is limited to evaluating how those factors are affected by the selection of an injunction over other enforcement mechanisms. Because the Controlled Substances Act covers even those who have what could be termed a medical necessity, it precludes consideration of the evidence that the Ninth Circuit deemed relevant. Pp. 11—15.

190 F.3d 1109, reversed and remanded.

Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O’Connor, Scalia, and Kennedy, JJ., joined. Stevens, J., filed an opinion concurring in the judgment, in which Souter and Ginsburg, JJ., joined. Breyer, J., took no part in the consideration or decision of the case.

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