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United States v. White Plume

2016 WL 1228585 (2016)

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United States v. White Plume

United States District Court for the District of South Dakota
2016 WL 1228585 (2016)

Facts

Alexander White Plume (defendant), a member of the Oglala Sioux Tribe, grew industrial hemp on tribal lands. The United States (the government) filed a declaratory judgment action against White Plume seeking a declaration that White Plume was manufacturing and distributing marijuana in violation of the Controlled Substances Act (CSA). The government also sought a permanent injunction against White Plume growing marijuana on tribal land. White Plume counterclaimed, arguing that, although both drug marijuana and industrial hemp originated from the Cannabis sativa L. plant, industrial hemp was not marijuana and was therefore exempt from the CSA. In 2004, the United States District Court for the District of South Dakota permanently enjoined White Plume from cultivating any form of Cannabis sativa L. without a valid DEA registration. In 2015, White Plume filed a motion pursuant to Federal Rule of Civil Procedure (FRCP) 60(b) seeking to vacate the permanent injunction. In support of his motion, White Plume cited changes in federal and state drug policy. After determining that White Plume’s motion was timely, the United States District Court for the District of South Dakota considered the motion’s merits.

Rule of Law

Issue

Holding and Reasoning (Viken, C.J.)

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Casebooks

Food and Drug Law

Key Terms