Eighth Circuit Rejects Petitioner's Challenge to North Dakota Marijuana Statute

The Eighth Circuit has rejected a non-citizen’s argument that she is not deportable for a controlled substance violation because the North Dakota statute in effect at the time of her conviction included hemp in the definition of marijuana while the federal definition in effect at the time of her removal proceedings excluded hemp. The Court also rejected the argument that the North Dakota definition of marijuana is overbroad as compared to the federal definition because the federal definition includes only “all parts of the plant Cannabis sativa L.,” while the North Dakota definition is not limited to a specific species, finding that the federal definition of cannabis extended to all “marihuana-producing Cannabis.”

The full text of Salinas v. Bondi can be found here: https://ecf.ca8.uscourts.gov/opndir/25/03/232779P.pdf