Question

In Gonzales v. Raich, the Supreme Court ruled that the federal government may ban the possession and distribution of marijuana even though it is legal under state law because:

Question 22 options:



A. The federal government has the right to require California to ban the possession of marijuana as a condition of receiving criminal justice funds.




B. If any tool or supply is used in the marijuana cultivation is bought from out of state then Congress can ban it.




C. Any marijuana distributor who has a website advertises in interstate commerce.




D. Federal laws override state laws as long as they are properly enacted pursuant to a valid power.

Answer 1

The correct answer is D.

Gonzales v. Raich was a decision enacted by the US Supreme Court in 2005. It stated, following the provisions of the Commerce Clause of the US Constitution, that the federal authorities (in this case the federal Drug Enforcement Administration) had the power to seize the production and to impede the use of homegrown marihuana even if the laws of the State of California allow its usage for medicinal purposes.

Such decision is reached following the Supremacy clause that positions the law of California as subject to the federal laws, in this example, to the Controlled Substances Act