Minnesota Lawsuit Contends State Constitution Allows Individuals to Sell Home-Grown Cannabis

Four individuals who cultivate cannabis in Minnesota are suing state cannabis regulators, arguing that the state constitution allows them to sell what they grow without a license, MinnPost reports. The plaintiffs cite Article 13, Section 7 of the Minnesota Constitution, which says: “No license required to peddle. Any person may sell or peddle the products of the farm or garden occupied and cultivated by him without obtaining a license therefor.”

The plaintiffs include four residents who are cultivating cannabis legally under state law – three of whom are medical cannabis patients. Patrick McClellan, a registered medical cannabis patient in the state, contends in the lawsuit that the cost of growing his own cannabis for his medical needs is “significant” and that he should be allowed to sell his excess.

“Plaintiff McClellan cannot reasonably consume all cannabis that he has cultivated in his home for his medicinal purposes. As a patient who has endured the struggle of gaining access to affordable and safe medical marijuana, Plaintiff McClellan would like to offset the costs of growing cannabis by selling the excess crop to other similarly situated individuals.” — the lawsuit via MinnPost 

Minneapolis attorney Jeffrey O’Brien, who brought the lawsuit, told MinnPost that his clients are “trying to be reasonable.”

“We’re not saying you can grow an entire field and sell it without a license,” he said. “We’re saying to the extent you can legally grow on your own without a license, you are entitled to sell that product.”

The constitutional provision has been used as a defense in previous cannabis cultivation criminal cases, but judges have previously ruled that the amendment does not cover illegal activity. Minnesota lawmakers legalized cannabis last year, renewing the debate over the language of the amendment.