The district court here (D. N.D.) declined to dismiss an indictment for marijuana possession. From the opinion:
Crow Feather contends that the Court should dismiss this action because possession of marijuana with intent to distribute is an offense that is expressly prohibited by 18 U.S.C. § 1152 and is not an offense set forth in 18 U.S.C. § 1153.
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Because 18 U.S.C. § 1152 does not restrict prosecution for a violation of 21 U.S.C. § 841(a)(1), and because Crow Feather need not commit a crime set forth in 18 U.S.C. §1153 to be prosecuted in federal court, Crow Feather’s motion to dismiss (Docket No. 13) is DENIED.
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