The first lawsuit since the legalization of cannabis in Minnesota that seeks to use a state constitutional provision to allow the unlicensed sale of cannabis by the farmer who grows it has been filed in state court. Four residents who grow small amounts of cannabis at home, which is legal under the new law, are suing the state Office of Cannabis Management (OCM) saying they should also be able to sell it under a provision in the state's constitution.
The lawsuit, which names OCM interim director Charlene Briner and state Attorney General Keith Ellison, was filed Tuesday in Ramsey County District Court and challenges the provision in the state's new cannabis law stating that only those licensed by the state can sell it. Those licenses are not expected to be granted until next spring and are expected to be competitive.
But the plaintiffs, citing Article 13, section 7 of the constitution, challenge the state's authority to prevent the sale of cannabis by the farmer who grows it. "No license required to peddle. Any person may sell or peddle the products of the farm or garden occupied and cultivated by him without obtaining a license therefor," says the provision adopted 120 years ago.
That provision resulted from the arrest of a farmer who was selling his excess melons on the streets of Minneapolis without a peddler's permit. When hemp and cannabis were illegal, the few court cases brought under the provision said no one could sell it, even the farmer who grew it. But when it became legal to grow and possess on Aug. 1, 2023, did the legal calculus change?
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