United States Eighth Circuit

Dismissal of a complaint for declaratory and injunctive relief from enforcement of the federal and Iowa Controlled Substances Acts (CSA) for plaintiff's sacramental use of marijuana is affirmed where: 1) Iowa CSA is state law, not subject to the Religious Freedom Restoration Act (RFRA); 2) plaintiff's federal RFRA claim was barred by collateral estoppel; 3) plaintiff did not allege any facts indicating that he was an institutionalized person for purposes of the Religious Land Use and Institutionalized Persons Act; and 4) there was no error in dismissing free exercise and equal protection claims.

Appellate Information

• Decided 09/08/2008
• Published 09/08/2008

Judges

• BENTON, Circuit Judge., Before GRUENDER, BRIGHT, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James R. Cook, West Des Moines, IA, argued, for appellant.


• For Appellees:
  
• Mark Hunacek, Asst. Atty. Gen., Des Moines, IA, argued, for State appellees., Melissa N. Patterson, U.S. Dept. of Justice, Washington, DC, argued, for United States appellees.