United States Eighth Circuit

In a case involving marijuana or hemp cultivation by a member of an Indian tribe, summary judgment in favor of the government is affirmed over claims that the district court erred: 1) by holding that industrial hemp was subject to the Controlled Substances Act (CSA); 2) by finding that the Treaty of Fort Laramie did not grant a tribe the right to cultivate hemp; and 3) by failing to find that regulating hemp under the CSA constitutes a due process and equal protection violation.

Appellate Information

• Decided 05/17/2006
• Published 05/17/2006

Judges

• BEAM, Circuit Judge., Before BYE, BEAM, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Bruce H. Ellison, argued, Rapid City, SD, for appellant White Plume., David C. Frankel, argued, San Francisco, CA, for Tierra Madre.


• For Appellees:
  
• Mark E. Salter, argued, Asst U.S. Attorney, Sioux Falls, SD, for appellee.