A group of four individuals cultivating cannabis in Minnesota has filed a lawsuit against state cannabis regulators, asserting their right to sell their homegrown products without obtaining a license, according to MinnPost. The plaintiffs reference Article 13, Section 7 of the Minnesota Constitution, which stipulates that individuals may sell or peddle products cultivated on their own farm or garden without requiring a license.
Among the plaintiffs are three residents who cultivate cannabis legally under state law, including registered medical cannabis patients. Patrick McClellan, one of the plaintiffs and a registered medical cannabis patient, argues that the cost of growing his own cannabis for medical purposes is substantial and believes he should be permitted to sell surplus crops.
In the lawsuit, McClellan emphasizes, “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.”
Minneapolis attorney Jeffrey O’Brien, representing the plaintiffs, clarifies their stance, stating, “We’re not saying you can grow an entire field and sell it without a license. We’re saying to the extent you can legally grow on your own without a license, you are entitled to sell that product.”
While the constitutional provision has been invoked as a defense in previous cannabis cultivation criminal cases, courts have ruled that it does not cover illegal activities. Minnesota legislators legalized cannabis last year, reigniting debates over the interpretation of the amendment’s language.
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