Pleadings in Navajo Nation v. Benally [industrial hemp]

Here are the pleadings in Navajo Nation v. Benally (Shiprock D.Ct.):

2020_06_12_Navajo_v_Benally___Complaint_3

2020_06_29_Navajo_v_Benally___Plaintiff_s_Motion_for_TRO_and_PI

2020_07_06_Navajo_v_Benally___Defendant_s_Motion_to_Dismiss

2020_07_06_Navajo_v_Benally___Defendant_s_Opposition_to_TRO_and_PI

2020_07_21_Navajo_v_Benally___Plaintiff_s_Reply_in_Support_of_TRO_and_PI

2020_07_21_Navajo_v_Benally_Plaintiff_s_Brief_in_Opposition_to_Motion_to_Dismiss

2020_08_20_Navajo_v_Benally___Defendant_s_Supplemental_Jurisdiction_Brief

2020_08_20_Navajo_v_Benally___Plaintiff_s_Supplemental_Brief_on_Jurisdition_3

2020_08_20_Navajo_v_Benally___Plaintiff_s_Supplemental_Brief_on_Jurisdition_Exhibit_3___USDA_letter_denying_Benally_hemp_plan

2020_09_10_NN_v._Dineh_Benally___Order_denying_Defendant_s_Motion_to_Dismiss

SR_CV_014_20_Order_Granting_Plaintiff_s_Motion_for_Temporary_Restraining_Order_and_Preliminary_Injunction_1

Other pleadings here.

Federal Court Dismisses Action Arising Out of County Seizure of Tribally-Owned Industrial Hemp

Here are the materials in Free Spirit Organics NAC v. San Joaquin County Board of Supervisors (E.D. Cal.):

35 Second Amended Complaint

37 Motion to Dismiss

58 Individual Plaintiffs Opposition

59 Free Spirit Opposition

94 Defendants Post-Hearing Brief

95 Free Spirit Post-Hearing Brief

99 DCT Order

White Plume Family Prevails in Industrial Hemp Claim

Here are the materials in United States v. White Plume (D.S.D.):

125 Motion to Vacate

136 US Opposition

137 Reply

140 Oglala Sioux Tribe Amicus Brief

143 DCT Order Granting Motion

An excerpt:

What is material to the court’s analysis is the shifting national focus on industrial hemp as a viable agricultural crop and the decision of the Attorney General of the United States to engage in a dialogue with the various tribes on the relationship between the CSA and the Agricultural Act of 2014. The government did not challenge Mr. White Plume’s assertion that “[w]ith the Agricultural Act of 2014, the Federal government joined the twenty-two states that have enacted legislation on industrial hemp.” (Docket 125 at p. 7) (reference omitted). Nor did the government challenge the representation that seven states have ventured into the area of agricultural or academic research of industrial hemp.

U.S. Brief in Support of Dismissing Menominee’s Hemp Claim

Doc. 16 – Defendants’ Memorandum in Support of Defendants’ Motion to Dismiss

Previous coverage and court documents here and here.

Menominee Tribe Files Complaint Against DEA and DOJ

Doc. 1 – Complaint for Declaratory Judgment

Previous post concerning raid on the Menominee Indian Reservation here.

The Menominee Tribe is seeking a court decision on whether the Tribe’s college can grow hemp under its own law and under the Agricultural Act of 2014 (the current Farm Bill).

Federal Agents Raid Menominee Tribe

U.S. News report here.

Search warrant and affidavits (PDF) here.

The Tribe is being accused of growing hemp plants with too much THC in them, but the Tribe says they were upfront to the Feds about seedlings they received for industrial hemp research:

Former U.S. Attorney for North Dakota Tim Purdon is working with the Menominee tribe and blasted the raid as a “waste of resources” that “is exacerbated by the fact that the Tribe had agreed to act itself to destroy individual strains of the hemp crop that the Tribe and the U.S. Attorney’s Office agreed were problematic.”

“This misallocation of federal resources is exactly what the [2013] Cole and [2014] Wilkinson Memos were designed to prevent,” he said, referring to the Justice Department memos allowing states and tribes, respectively, to regulate marijuana.

The Menominee Tribe legalized marijuana back in August, but the government has not yet enacted regulations concerning its sale and production.

Challenge to Federal Criminalization of Hemp – D. N.D.

A federal district court in North Dakota granted the government’s motion to dismiss a claim that the United States ban on industrial hemp is unconstitutional. Here is the opinion: Monson v. DEA Opinion

The opinion relied in part on the Eighth Circuit’s decision, United States v. White Plume, involving Indians arguing that the 1868 Treaty of Fort Laramie protected their right to farm industrial hemp for commercial purposes.