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RAICH v. GONZALES

No. 03-15481.

500 F.3d 850 (2007)

Angel McClary RAICH; John Doe, Number One; John Doe, Number Two, Plaintiffs-Appellants, v. Alberto R. GONZALES, Attorney General, as United States Attorney General; Karen Tandy, as Administrator of the Drug Enforcement Administration, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 14, 2007.

Attorney(s) appearing for the Case

Robert A. Raich, (briefed) Oakland, CA and Randy E. Barnett, (argued) Boston University School of Law, Boston, MA, for the plaintiffs-appellants.

Mark T. Quinlivan, Assistant United States Attorney, Boston, MA, for the defendants-appellees.

Before PREGERSON, C. ARLEN BEAM, and PAEZ, Circuit Judges.

PREGERSON, Circuit Judge.

Plaintiff-Appellant Angel McClary Raich ("Raich") is a seriously ill individual who uses marijuana for medical purposes on the recommendation of her physician. Such use is permitted under California law. The remaining plaintiffs-appellants assist Raich by growing marijuana for her treatment.

Appellants seek declaratory and injunctive relief based on the alleged unconstitutionality of the Controlled Substances Act, and a declaration...

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