Montana Caregivers Association v. United States

MEMORANDUM

Appellants Montana Caregivers Association, LLC et al. (“Montana Caregivers”) appeal the district court’s dismissal of their amended complaint alleging violations of their Fourth, Fifth, Ninth, and Tenth Amendment rights, as well as a Bivens claim against federal officials for the alleged constitutional violations. We review de novo the district court’s dismissal of a complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). W. Radio Servs. Co. v. Qwest Corp., 678 F.3d 970, 975 (9th Cir.2012). We affirm.

1. Appellants’ assertion that the Controlled Substances Act (“CSA”), 21 U.S.C. § 801 et seq., exceeded Congress’ commerce power is foreclosed by the Supreme Court’s decision in Gonzales v. Raich (Raich I), 545 U.S. 1 , 125 S.Ct. 2195 , 162 L.Ed.2d 1 (2005). The regulation of marijuana under the CSA is “squarely within Congress’ commerce power because production of the commodity ... has a substantial effect on supply and demand in the national market for that commodity.” Id. at 19 , 125 S.Ct. 2195 ; see also id. at 25, 125 S.Ct. 2195 (noting that “the activities regulated by the CSA are quintessentially economic”). Montana Cannabis Industry, participating as…