Raich Decision

On June 6, 2005, the United States Supreme Court ruled to reverse the lower court's ruling on Raich v. Gonzales.

The Court said that federal law enforcement officials can prosecute medical marijuana patients, even if they grew their own medicine and even if they reside in a state where medical marijuana use is protected under state law. The Court indicated that Congress and the Food and Drug Administration should work to resolve this issue.

The decision does not say that the laws of California (or any other medical marijuana state) are unconstitutional; it does not invalidate them in any way. Also, it does not say that federal officials must prosecute patients. Even at oral argument, Clement, arguing the case for the government, admitted that prosecution of Raich and Monson would be an "unlikely step". Decisions about prosecution are still left to the discretion of the federal government.

According to California Attorney General Bill Lockyer's statement, "Today's ruling does not overturn California law permitting the use of medical marijuana . . . state and federal laws are no different today than they were yesterday".