Legal Opinion

Monson v. Drug Enforcement Administration

Court of Appeals for the Eighth Circuit

Decided December 22, 2009No. 07-3837PublishedCited by 96 opinions

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…

2Cases cited19 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. United States v. LopezSupreme Court of the United States · 1995
  3. Babbitt v. United Farm Workers National UnionSupreme Court of the United States · 1979
  4. Gonzales v. RaichSupreme Court of the United States · 2005
  5. George Wiles, Doing Business as Arcadia Valley Office Supply v. Capitol Indemnity Corporation Brown & James, P.C. Nixon and CompanyCourt of Appeals for the Eighth Circuit · 2002

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3Cited by96 opinions

  1. Walmart v. DOJCourt of Appeals for the Fifth Circuit · 2021
  2. Hemp Industries Association v. DEACourt of Appeals for the D.C. Circuit · 2022
  3. Horn v. Med. Marijuana, Inc.District Court, W.D. New York · 2019
  4. NH Lottery Commission v. RosenCourt of Appeals for the First Circuit · 2021
  5. Wildman v. American Century Services, LLCDistrict Court, W.D. Missouri · 2017

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