Four Minnesota Cannabis Home Growers Sue State To Lift Ban On Selling Their Excess Marijuana Without A License
A recently filed lawsuit in Minnesota challenges the state’s restriction on unlicensed cannabis sales by home growers, citing a 120-year-old constitutional provision. The lawsuit, initiated by four residents, targets the state Office of Cannabis Management (OCM) and argues that home cultivators should be allowed to sell their excess cannabis without a state license.
Invoking Constitutional Rights
The plaintiffs base their argument on Article 13, Section 7 of the Minnesota Constitution, which states, “Any person may sell or peddle the products of the farm or garden occupied and cultivated by him without obtaining a license therefor,” reported MinnPost. This provision, dating back to 1906, was initially aimed at protecting farmers’ rights to sell their produce without a permit. Notably, the plaintiffs argue that this should extend to cannabis, now that it is legal to grow and possess in Minnesota as of August 1, 2023.
The lawsuit, filed in Ramsey County District Court, names OCM interim director Charlene Briner …