Can Cannabis Growers Sell Their Excess Marijuana Without A License? Some Say Yes And Will Go To Court To Claim Their Right

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 and state Attorney General Keith Ellison. It seeks to overturn the state law requiring licenses for cannabis sales, arguing it contradicts the constitutional provision. One of the plaintiffs, Patrick McClellan, a medical cannabis patient with muscular dystrophy, emphasizes the financial burden of home cultivation and the need to offset costs by selling excess cannabis.

State’s Position On Selling Excess Home Harvest

Governor Tim Walz, who supported the cannabis policy reform, opposes the claim that home growers can sell cannabis without a license. He emphasized that the intention of the law was not to create a loophole for unregulated cannabis sales. The OCM and the Department of Health have not provided definitive guidance, recommending that questions related to criminal law be directed to county attorneys.

Read also: Negotiations Aim To Elevate Tribal Nations In Minnesota’s Cannabis Market

Regulatory Challenges And Market Implications

Minnesota’s legalization of recreational cannabis, including home cultivation, was finalized in May 2023. The law allows adults to possess up to two pounds of cannabis at home and grow up to eight plants, four of which can be mature. However, commercial sales are restricted to licensed entities, with licenses expected to be issued by next spring.

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The lawsuit’s outcome could significantly impact Minnesota’s cannabis market. If the court sides with the plaintiffs, it may set a precedent allowing unlicensed sales of home-grown cannabis, potentially disrupting the state’s regulatory framework. Legalization advocates argue that cannabis should be treated like any other farm product, while state officials stress the importance of regulation due to its intoxicating nature.

Read also: Minnesota Regulators Crack Down On Sale Of Cannabis Flower Being Sold As Hemp, Violators Face $1M Fines – Benzinga

As Minnesota navigates this legal challenge, the outcome could set significant precedents for cannabis regulation and growers’ rights across the nation.