Two North Dakota farmers failed to convince the 8th Circuit that cannabis grown for industrial hemp is not technically marijuana and should not be regulated under federal law.

The court in St. Louis upheld dismissal of the farmers’ lawsuit seeking a declaration that the Controlled Substances Act (CSA) does not apply to industrial-use cannabis.

The appeals court pointed out that the Act defines marijuana to include all cannabis plants, regardless of the THC concentration.

“The CSA likewise makes no distinction between cannabis grown for drug use and that grown for industrial use,” Judge Pasco Bowman wrote.

The three-judge panel rejected the notion that industrial hemp is not marijuana under the Act, or that Congress has no authority to regulate their state-sanctioned cultivation of cannabis.

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