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MONSON v. DRUG ENFORCEMENT ADMIN.

No. 4:07-CR-042.

522 F.Supp.2d 1188 (2007)

David MONSON and Wayne Hauge, Plaintiffs, v. DRUG ENFORCEMENT ADMINISTRATION and United States Department of Justice, Defendants.

United States District Court, D. North Dakota, Northwestern Division.

November 28, 2007.

Attorney(s) appearing for the Case

Joseph E. Sandler, Sandler Reiff & Young PC, Washington, DC, Timothy Q. Purdon, Vogel Law Firm, Bismarck, ND, for Plaintiffs.

David L. Peterson, U.S. Attorney's Office, Bismarck, ND, Wendy M. Ertmer, U.S. Department of Justice, Washington, DC, Rick D. Johnson, Fargo, ND, for Defendants.

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...

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