Eighth Circuit Affirms Major Crimes Act Child Abuse Conviction

Here is the opinion in United States v. White Plume.

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.

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.