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Major Court Cases and Related Documents Involving Medical Marijuana

  1. Conant v. Walters
  2. U.S.A. v. Oakland Cannabis Buyers' Cooperative and Jeffrey Jones
  3. Gonzalez v. Raich

I. Conant v. Walters (formerly Conant v. McCaffrey)

A. Case Summary: When California passed its medical marijuana regulations in 1996 the U.S. government threatened physicians who recommended marijuana with the loss of their license. Physicians and patients filed this class action lawsuit. The U.S. 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
U.S. District Court for the Northern District of California		 1997
Jan. 14 		Full Text (PDF)
2. Preliminary Injunction
U.S. District Court for the Northern District of California		 1997
April 30		 Full Text (PDF)
3. Permanent Injunction
U.S. District Court for the Northern District of California		 2000
Sept. 7		 Full Text
(PDF)
4. Brief for Appellees
U.S. Court of Appeals for the Ninth Circuit		 2001
Aug. 31		 Full Text
(PDF)
5. 3-0 Decision
U.S. Court of Appeals for the Ninth Circuit
(Appeal denied by U.S. Supreme Court)		 2002
Oct. 29		 Full Text
(PDF)

C. Amicus Briefs
Pro medical marijuana Con medical marijuana
Filing Party Document Filing Party Document
1. American Public Health Association, American Medical Student Association, California Nurses Association,Lymphoma Foundation of America, Barbara M. Douglass, George Lee McMahon, Elvy Musikka, and Irvin Henry Rosenfeld [four of the seven Compassionate IND medical marijuana patients] Full Text (PDF) None available at this time.
2. California Medical Association, Global Lawyers and Physicians, American Academy of Pain Medicine, Society of General Internal Medicine, et al. Full Text (PDF) None available at this time.
3. California Academy of Family Physicians, Gay and Lesbian Medical Association, Marin Medical Society, and San Francisco Medical Society Full Text (PDF) None available at this time.

II. U.S.A 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 U.S. government disagreed, and filed a lawsuit to cease OCBC operations.

B. Main Case Documents
Document
Date
Link to Source Document
1. Defendants Answers to Complaint and Demand for Jury Trial
U.S. District Court for the District of Northern California		 1998
June 18 		Full Text (PDF)
2. Appellants' (OCBC) Opening Brief
U.S. Court of Appeals for the Ninth Circuit		 1998
Nov. 13 		Full Text (PDF)
3. Appelles' (U.S.) Reply to Brief of Amicus Curiae by the City of Oakland
U.S. Court of Appeals for the Ninth Circuit		 1999
Jan. 22 		Full Text (PDF)
4. Ruling
U.S. Court of Appeals for the Ninth Circuit		 1999
Sept. 13 		Full Text (PDF)
5. PETITIONER; On Petition for a Writ of Certiorari to the U.S. Court of Appeals for the Ninth Circuit
U.S. Supreme Court		 2000
July 17 		Full Text (PDF)
6. Reply Brief for Appellant United States of America
U.S. Court of Appeals for the Ninth Circuit		 2000
Oct. 9 		Full Text (HTML)
7. Reply Brief for Petitioner
U.S. Supreme Court		 2000
Nov.		 Full Text (PDF)
8. Brief for the Petitioner on a Writ of Certiorari to the U.S. Court of Appeals for the Ninth Circuit
U.S. Supreme Court		 2001
Jan.		 Full Text (PDF)
9. Brief for the Respondents
U.S. Supreme Court		 2001
Feb. 20 		Full Text (PDF)
10. Transcript of Oral Arguments
U.S. Supreme Court		 2001
March 28 		Full Text (PDF)
11. Opinion of the Court - 8-0 for U.S.A.
U.S. Supreme Court		 2001
May 14 		Full Text (PDF)
12. Syllabus of the Opinion
U.S. Supreme Court		 2001
May 14 		Full Text (PDF)
13. Concurrence of the Opinion
U.S. Supreme Court		 2001
May 14 		Full Text (PDF)

C. Amicus Briefs
Pro medical marijuana Con medical marijuana
Filing Party Document Filing Party Document
1. City of Oakland Full Text (PDF) 1. U.S. Health and Human Services Recommendation, to Continue listing cannabis on Schedule I
U.S. Department of Health and Human Services		 Full Text (PDF)
2. State of California Full Text (PDF) None available at this time.
3. California Medical Association and National Pain Foundation Full Text (PDF) None available at this time.
4. American Civil Liberties Union (ACLU) Full Text (PDF) None available at this time.
5. American Public Health Association, California Nurses Association, Lymphoma Foundation of American, et al. Full Text (PDF) None available at this time.
6. Ethan Russo, M.D. and Rick Doblin, Ph.D. Full Text (PDF) None available at this time.

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 U.S. 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 U.S. 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 [U.S.] Controlled Substances Act, 21 U.S.C. 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
    U.S. District Court for the District of Northern California    		 2002
    Oct. 9         		Full Text (PDF)
    2. Declaration of Angel McClary Raich
    U.S. District Court for the District of Northern California    		 2002
    Oct. 25         		Full Text (PDF)
    3. Plaintiff's Memorandum of Law in Support of Motion for Preliminary Injunction
    U.S. District Court for the District of Northern California    		 2002
    Oct. 29         		Full Text (PDF)
    4. Defendants' Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction
    U.S. District Court for the District of Northern California    		 2002
    Dec. 10         		Full Text (PDF)
    5. Plaintiffs' Reply Memorandum of Law in Support of Motion for Preliminary Injunction
    U.S. District Court for the District of Northern California    		 2002
    Nov. 26         		Full Text (PDF)
    6. Transcript of Proceedings
    U.S. District Court for the District of Northern California    		 2002
    Dec. 17         		Full Text (PDF)
    7. Order from District Court Judge Martin J. Jenkins
    U.S. District Court for the District of Northern California    		 2003
    March 5         		Full Text (PDF)
    8. Brief for Appellees
    U.S. Court of Appeals for the Ninth Circuit    		 2003
    May 28         		Full Text (PDF)
    9. Appellants' Reply Brief
    U.S. Court of Appeals for the Ninth Circuit    		 2003
    June 11         		Full Text (PDF)
    10. Opinion from the Ninth Circuit Court of Appeals 2003
    Dec. 16         		Full Text (PDF)
    11. Petition by U.S. government for a Writ of Certiorari
    U.S. Supreme Court    		 2004
    April 20         		Full Text (PDF)
    12. Respondents' Brief in Opposition
    U.S. Supreme Court    		 2004
    June 7         		Full Text (PDF)
    13. Reply Brief for the Petitioners
    U.S. Supreme Court    		 2004
    June 10         		Full Text (PDF)
    14. Merits Brief for the Petitioners
    U.S. Supreme Court    		 2003
    Aug. 11         		Full Text (PDF)
    15. Merits Brief for the Respondents
    U.S. Supreme Court    		 2004
    Oct. 13         		Full Text (PDF)
    16. Petitioners Reply brief on the Merits
    U.S. Supreme Court    		 2004
    Nov. 17         		Full Text (PDF)
    17. Supreme Court Transcript
    U.S. Supreme Court    		 2004
    Nov. 29         		Full Text (PDF)
    18. U.S. Supreme Court Decision - 6-3 for U.S. government
    		 2005
    June 6         		Full Text (PDF)

    C. Amicus Briefs
    Pro medical marijuana Con medical marijuana
    Filing Party Document Filing Party Document
    1. California Attorney General Bill Lockyer with the State of California's, County of Alameda's, and City of Oakland's brief Full Text (PDF) 1. Robert L. Dupont, M.D.; Peter B. Bensinger and Herbert Kleber, M.D. Full Text (PDF)
    2. California Medical Association and the California Nurses Association
    		Full Text (PDF) 2. Drug Free America Foundation, Inc.; the Drug Free Schools Coalition; Save Our Society From Drugs; the International Scientific and Medical Forum on Drug Abuse; the Institute on Global Drug Policy; and Students Taking Action Not Drugs, et al. Full Text (PDF)
    2. Constitutional Law Scholars
    		 Full Text (PDF) 3. Mark E. Souder; U.S. Representative, Cass Ballenger; U.S. Representative, Dan Burton; U.S. Representative, Katherine Harris; U.S. Representative, Ernest J. Istook, Jr.; U.S. Representative, Jack Kingston; U.S. Representative, and U.S. Representative, Doug Ose Full Text (PDF)
    4. State of California; Washington; and State of Maryland Full Text (PDF) 4. Institute for Justice
    		 Full Text (PDF)
    5. State of Alabama; State of Louisiana; and State of Mississippi Full Text (PDF) None available at this time.
    6. Lymphoma Foundation of America; HIV Medicine Association of the Infectious Diseases Society of America; American Medical Students Association; Dr. Barbara Roberts; and Irvin Rosenfeld Full Text (PDF) None available at this time.
    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. Full Text (PDF) None available at this time.
    8. California Nurses Association and DKT Liberty Project Full Text (PDF) None available at this time.
    9. Marijuana Policy Project and Rick Doblin, Ph.D. Full Text (PDF) None available at this time.
    10. Cato Institute Full Text (PDF) None available at this time.
    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 Full Text (PDF) None available at this time.
    12. Reason Foundation Full Text (PDF) None available at this time.

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