Monson v. Drug Enforcement Admin., No. 07-3837
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.
Submitted: November 12, 2008
Filed: December 22, 2009
Opinion by Judge Bowman