Minnesota AG Ellison Asks Judge To Dismiss Lawsuit By Cannabis Home Growers Who Want To Sell Their Excess Marijuana Without A License

A lawsuit filed in Minnesota in May in Ramsey County District Court challenged the state's restriction on unlicensed cannabis sales by home growers, citing a 120-year-old constitutional provision.

The legal action targets the state Office of Cannabis Management (OCM)'s interim director Charlene Briner and state Attorney General Keith Ellison.

Now, AG Ellison is asking a judge to dismiss the motion brought by four cannabis growers, targeting the state Office of Cannabis Management (OCM) and arguing that home cultivators should be allowed to sell their excess cannabis without a state license.

Why?

"Plaintiffs fail to state a claim because cannabis is not a ‘product of the farm or garden,' the Minnesota Constitution does not create a right to purchase farm products, and state law does not authorize criminal penalties for unlicensed sales," the dismissal request stipulates.

Read Also: Cannabis Cultivation Could Begin This Year As Minnesota Governor Signs Numerous Changes To Current Law

A hearing on the motion to dismiss is scheduled for July 22. As highlighted by MinnPost's Peter Callaghan, the case could easily reach the state Supreme Court.

Section 7, Article XIII of the Minnesota Constitution dates back to 1906. The provision sought to protect farmers' rights to sell their produce without a permit. The plaintiffs proposed that the provision could be referring to cannabis as well.

Governor Tim Walz (D), who backed the marijuana policy reform – strongly opposes this view. He earlier said that this wasn’t something he and lawmakers had in mind when enacting marijuana policy reform.

“Look, I think on the cannabis piece of this, just like every other piece of legislation, certainly around things like alcohol, these are ever-evolving,” he said. “And I’ve said that I think there’s a strong need—we’ll come back. We’ll revisit these things year after year, probably for decades to come. But that was never our intention to do that.”

As of August 1, 2023, it is legal to grow and possess cannabis in Minnesota.

Cannabis rescheduling seems to be right around the corner. Want to understand what this means for the future of the industry? Hear directly for top executives, investors and policymakers at the 19th Benzinga Cannabis Capital Conference, coming to Chicago this Oct. 8-9. Get your tickets now before prices surge by following this link.

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