The brief, summarized, states:

(A) The Controlled Substances Act unduly interferes with the Ninth Amendment ability of states to enact voter approved legislation.

i. The Ninth Amendment limits the power of Congress and the Federal Government to enact legislation interfering with state sovereignty.

ii. The debate surrounding the right of seriously ill patients to use cannabis is an issue best suited for resolution through the democratic process in the states.

iii. States are entitled to create an exception for cannabis under the CSA because of the traditional state interest in regulating for the health, safety and welfare of citizens.

(B) Applying the CSA to prohibit the use of cannabis by seriously ill people in California violates traditional notions of state sovereignty protected by the Tenth Amendment.