Monson v. Drug Enforcement Administration

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

DANIEL L. HOVLAND, Chief Judge.

INTRODUCTION

In this case, two North Dakota farmers seeking to cultivate industrial hemp have sought a declaration that they cannot be criminally prosecuted under the federal Controlled Substances Act, 21 U.S.C. § 801 et seq. The issue before the Court is a question of law, namely, whether the Controlled Substances Act applies to the proposed cultivation of industrial hemp pursuant to North Dakota’s new state regulatory regime.

Marijuana and industrial hemp have similar characteristics but far different applications. The…