North Dakota Case

[Jimbo]

On June 18, 2007 the two North Dakota farmers granted state hemp farming licenses, Rep. David Monson and Wayne Hauge, filed a lawsuit in U.S. District Court for the District of North Dakota in an effort to end the U.S. Drug Enforcement Administration's (DEA) obstruction of commercial hemp farming in the United States. If successful, the legal action would result in licensed hemp farmers receiving assurances that no federal agency could hold them criminally liable under the Controlled Substances Act. Vote Hemp's grassroots supporters are funding the legal action.
Please click here to listen to a recording of the June 18, 2007 teleconference discussing the filing case of Monson vs DEA. Participants were: Rep. David Monson, North Dakota House assistant majority leader, farmer; Wayne Hauge, Seed breeder, licensed hemp farmer; Roger Johnson, North Dakota agriculture commissioner; Tim Purdon, Vogel Law Firm, Bismarck, attorney for the plaintiffs; Joe Sandler, legal counsel for VoteHemp.com; Eric Steenstra, president, VoteHemp.com. (mp3 file 13MB)

Appeal from the United States District Court for the District of North Dakota in Civil Case No. 4:07-cr042 (PDF file 960k)
Filed in the United States Court of Appeals for the Eighth Circuit - February 19, 2008

Order Granting Defendants' Motion To Dismiss (PDF file 92k)
Order by the U.S. District Court for the District of North Dakota - November 29, 2007

Transcript of Proceeding (PDF file 1000k)
Taken at United States Courthouse, Bismarck, North Dakota before the Honorable Daniel L. Hovland, United States District Judge - November 14, 2007

Plaintiffs' Response to Defendants' Opposition to Plaintiffs' Motion for Summary Judgement (PDF file 352k)
Filed in U.S. District Court for the District of North Dakota - October 26, 2007

Brief Of Amicus Curiae (PDF file 3.1MB)
North Dakota State University In Support Of Plaintiffs' Cross-Motion For Summary Judgement And In Opposition To Defendants' Motion To Dismiss. Filed in U.S. District Court for the District of North Dakota - October 25, 2007

Motion By Amicus Curiae (PDF file 832k)
North Dakota State University For Leave To File Brief In Support Of Plaintiffs' Cross-Motion For Summary Judgement And In Opposition To Defendants' Motion To Dismiss. Filed in U.S. District Court for the District of North Dakota - October 25, 2007

Brief in Opposition to Defendants' Rule 12(b) Motion to Dismiss and Drug Enforcement Administration In Support of Plaintiffs' Cross-Motion for Summary Judgment (PDF file 164k)
Filed in U.S. District Court for the District of North Dakota - September 19, 2007

Also included with the September 19, 2007 filing were: Exhibit A: Affidavit of David Monson (PDF file 704k); Exhibit B: Affidavit of Wayne Hauge (PDF file 664k); Exhibit C: Affidavit of Dr. T. Randall Fortenberry (PDF file 1.6MB); Exhibit D: Declaration of Gero Leson (PDF file 196k); Exhibit E: Affidavit of Burton Johnson (PDF file 964k).

Defendants' Motion To Dismiss and Defendants' Statement Of Material Facts Not In Dispute (PDF file 1.5MB)
Filed in U.S. District Court for the District of North Dakota - August 20, 2007

North Dakota State University letter to DEA (PDF file 176k)
The letter is in support of the Application of David C. Monson as a Manufacturer of Controlled Substances. The letter is signed by Associate Professor Burton Johnson, Ph.D. and Dean and Director Kenneth Grafton - July 27, 2007

Civil Action - Complaint for Declatory Judgement (PDF file 120k)
Filed in U.S. District Court for the District of North Dakota - June 18, 2007

Vote Hemp: Information: Legal Cases: North Dakota