Minnesota Residents Sue for Right to Sell Home-Grown Cannabis

LOS ANGELES- In Minnesota, a legal battle is unfolding as four individuals who legally cultivate cannabis have initiated a lawsuit against state cannabis regulators. The plaintiffs argue that the Minnesota Constitution permits them to sell their home-grown cannabis without the need for a licensing process.

According to a report from MinnPost, the lawsuit centers on Article 13, Section 7 of the Minnesota Constitution, which stipulates that “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, three of whom are medical cannabis patients, assert that this provision should extend to the sale of cannabis grown at home.

One of the plaintiffs, Patrick McClellan, a registered medical cannabis patient, claims the costs associated with growing cannabis for his medical needs are substantial. The lawsuit details that McClellan is unable to consume all the cannabis he grows and seeks to sell the surplus to mitigate his growing expenses. McClellan and his co-plaintiffs argue that selling excess cannabis would provide financial relief and support their ability to manage health-related costs.

Jeffrey O’Brien, the attorney representing the plaintiffs, emphasized the reasonableness of their request, 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.”

This constitutional argument has been employed previously in cannabis cultivation criminal cases in Minnesota, though judges have generally ruled that the amendment does not cover illegal activities. However, with the recent legalization of cannabis in the state, the plaintiffs are pressing for a reevaluation of this constitutional language, potentially setting a precedent for how home-grown cannabis is regulated and sold in Minnesota.