United States Eighth Circuit

In an action seeking a declaration that the Controlled Substances Act (CSA) did not apply to plaintiffs' planned cultivation of cannabis pursuant to licenses they obtained from the State of North Dakota, dismissal of the complaint is affirmed where the Supreme Court's decision in Gonzales v. Raich, 545 U.S. 1 (2005), disposed of plaintiffs' argument that the CSA could not be interpreted to reach their intrastate cultivation and processing of cannabis without violating the Commerce Clause.

Appellate Information

• Decided 12/22/2009
• Published 12/22/2009

Judges

• BOWMAN, Circuit Judge., Before MELLOY, BOWMAN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Joseph E. Sandler, argued, Washington, DC (Timothy Q., Bismarck, ND, on the brief), for appellants.


• For Appellees:
  
• Melissa N. Patterson, argued, Washington, DC (Mark B. Storn, Dana J. Martin, on the brief), for appellees.