California's Compassionate Use Act, allowed a patient or his primary caregiver to cultivate or possess marijuana on the advice of a physician.

In January 1998, the U.S. Government sued the OCBC to stop the cultivation and distribution of marijuana in violation of federal law.

[3] The OCBC believed, however, that ceasing the distribution of marijuana to patients would be harmful to it and so violated Judge Breyer's injunction.

The Ninth Circuit reversed and held that medical necessity was a legally cognizable defense to charges under the Controlled Substances Act.

The Ninth Circuit ordered the district court to consider the criteria by which OCBC could distribute marijuana under the rubric of medical necessity.

The OCBC contended that the Controlled Substances Act was susceptible of a medical necessity exception to the ban on distribution and manufacture of marijuana.

Thus, it was wrong for the Ninth Circuit to hold that the Controlled Substances Act contained a medical necessity defense.

It was also wrong for the Ninth Circuit to order the district court to fashion a more limited injunction that would take into account the fact that marijuana was necessary for certain people to obtain relief from symptoms of chronic illnesses.