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MONSON v. DRUG ENFORCEMENT ADMIN.

No. 07-3837.

589 F.3d 952 (2009)

David MONSON; Wayne Hauge, Appellants, v. DRUG ENFORCEMENT ADMINISTRATION; Department of Justice, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: December 22, 2009.

Attorney(s) appearing for the Case

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

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

Before MELLOY, BOWMAN, and SMITH, Circuit Judges.

BOWMAN, Circuit Judge.

David Monson and Wayne Hauge appeal from an order of the District Court1 dismissing their action for a declaration that the Controlled Substances Act (CSA or Act), 21 U.S.C. §§ 801-971, does not apply to their planned cultivation of Cannabis sativa L. (cannabis) pursuant to licenses they obtained from the State of North Dakota. Monson and Hauge argue that the District Court erred by failing to accept as...

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