Monson v. Drug Enforcement Administration
Court of Appeals for the Eighth Circuit
1Opinion of the Court
BOWMAN, Circuit Judge.
David Monson and Wayne Hauge appeal from an order of the District Court 1 dismissing their action for a declaration that the Controlled Substances Act (CSA or Act), 21 U.S.C. §§ 801-971, does not apply to their planned cultivation of Cannabis sativa L. (cannabis) pursuant to licenses they obtained from the State of North Dakota. Monson and Hauge argue that the District Court erred by failing to accept as true the factual allegations in their complaint, by finding that cannabis cultivated for industrial use under state law is subject to regulation under the CSA, and by…
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