The Minnesota governor is fighting back against the legal argument that the state Constitution permits people to sell homegrown marijuana, without obtaining a licence. He says that “not our intent” was to allow this type of commerce in the legalization legislation that he signed into laws this year.
The law, which took effect on the first of this month, allows adults over 21 to possess, cultivate, and gift cannabis. However, retail stores (other than those operated by tribal groups) are expected to not open until at least the end of next year. As the Minnesota Constitution was being drafted at the time, however, some supporters said that Section 7 of Article XIII gave farmers an option to start marijuana sales outside the licensing scheme.
This section was enacted after a farmer had been penalized for peddling melons from his wagon in 1906. It states that anyone can sell or peddle products from the farm or garden they own and cultivate without a license.
The law does not specify the types of products that can be sold. Now that cannabis is legalized, some advocates argue that this policy applies to homegrown marijuana. Some want the lawmakers to change the legalization law to explicitly protect the rights of farmers who grow their own marijuana to sell it without a licence.
Gov. Tim Walz, a strong supporter of the legalization law in the state, stated at a recent press conference that he, along with lawmakers, did not intend to create this alternative commerce pathway. He didn’t, however, speak on the merits or the constitutional argument. He claimed that he had not held “substantive conversations” about the idea with either legislative experts or commerce officials.
The governor stated, “I think that the cannabis legislation is constantly evolving, just as every other piece, especially around alcohol. “I’ve already said that there is a need for this–we will return.” We will revisit these issues year after year and probably for many decades. “But that was not our intention.”
David Schultz is a professor of political science at Hamline University. He stated earlier this month in an opinion piece for MinnPost that he does not believe that the constitutional amendment offers the kind of protections that its advocates claim it provides. He cited a 1998 Minnesota Court of Appeals decision that determined the state had the right to regulate or prohibit the sale of agricultural products. The court specifically stated that the government has the right to ban homegrown marijuana for public safety.
The court stated that the state government of 1906 could not have predicted or foreseen a society suffering from drug abuse and addiction many decades later. The court said that the prohibition of the sale and possession as a controlled drug is clearly within the police power of the state to protect the general welfare and health of the people.
The state attorney general weighed in at the time with an opinion.
“Minn. Const, art. XIII, SS 7 never intended to prevent legislation regulating farm product safety. The law limits the state and local governments’ ability to issue licenses for the sale of farm products. Minnesota’s controlled substance laws, however, are criminal prohibitions that enforce the state’s constitutional duty to protect its citizens. It is not a licensing system. The controlled substance laws are reasonable accommodations in the interests of public health, even if they affect a farmer’s ability to market his crop. According to Minn. Const. art. XIII, SS 7, than he has to yell “fire” in a crowded theatre under the First Amendment.”
Minnesota NORML, however, said that a case heard by the Minnesota Supreme Court in 2005 regarding the constitutional amendment does allow for the possibility of marijuana being sold legally now that its legal to grow. The justices ruled that someone selling meat from their farm can sell it without a licence, but commerce still has to adhere to “substantive regulations related to their farm products’ production or sale.”
There are regulations regarding marijuana that include age restrictions and possession limitations. Attorney Thomas Gallagher states, however, that if the basic rules are followed by a person accused of selling their own marijuana, they could use the Constitution to defend themselves. However, neither he nor Minnesota NORML recommend that a farmer test the law.
They are instead pushing the legislature to address the issue at the next session. They want lawmakers to clarify the laws and codify that adults can sell homegrown marijuana with no license.
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Minnesota officials are working hard to expeditiously implement regulations in order to start issuing cannabis business licences. People have been flocking to the few tribally-operated marijuana shops allowed under the legalization laws. Red Lake Band of Chippewa Indians is one of these tribes. It says that it wants to expand by opening up a cannabis food truck to sell in tribal areas.
Former Minnesota Gov. Jesse Ventura said that he also wants to be part of the action and is interested in becoming the “first major American politician ” to have his image on a marijuana product.
The Office of Cannabis Management was created by Minnesota’s legalization legislation and launched last month. The Office of Cannabis Management (OCM) will be the primary regulator that will oversee the cannabis market. The governor is actively searching for an executive director and expects to announce him in early September.
The Cannabis Expungement Board is another body which has been established. It will help seal records for those with marijuana convictions in their record. This month, the review process began for cases that were eligible.
Before the Governor signed the reform law, the state created a website to serve as a central hub of information on the new law. Officials are also soliciting vendors who can help create a licensing system.
Walz has also criticized Republicans for calling for a special session in order to fix what they call “loopholes” within the law regarding youth possession and consumption. has also invited adults from neighboring Iowa into to participate in the market.
Another Minnesota Law also went into effect this month, legalizing drug paraphernalia, syringe service, controlled substance residue, and testing.
A task force for psychedelics is being actively built up under another law that was signed by the Governor this session. This will prepare Minnesota for possible legalizations of substances such as psilocybin or ibogaine.
Former Texas Governor: Psychedelics Reform is ‘More Supported by Republicans’
Photo by Chris Wallis // Side Pocket Images.
The post Minnesota governor dismisses claims that state constitution allows people to sell homegrown marijuana without a license following legalization first appeared on Marijuana Moment.
