Minnesota home growers seek to sell marijuana without license

A group of home growers in Minnesota has filed the state’s first cannabis-related lawsuit, contending a century-old provision allows them to sell their marijuana without a license.

Four state residents are challenging the state’s new cannabis law that mandates only licensed businesses can sell marijuana, according to the MinnPost.

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The lawsuit, filed in Ramsey County District Court, names as defendants:

  • The Office of Cannabis Management (OCM), the state’s chief marijuana regulator.
  • OCM Interim Director Charlene Briner.
  • State Attorney General Keith Ellison.

The lawsuit claims Article 13, Section 7 of the Massachusetts Constitution, which was adopted 120 years ago, supersedes the state’s new cannabis laws.

According to the early 20th century provision, “Any person may sell or peddle the products of the farm or garden occupied and cultivated by him without obtaining a license.”

Home cultivation is legal under Minnesota’s new marijuana law, which Gov. Tim Walz signed in May, making Minnesota the 23rd state in the U.S. to legalize adult use.

The lawsuit also asks the court to block “any criminal enforcement of the sale of cannabis produced from home cultivation” without a license, the MinnPost reported.

If the lawsuit were to prove successful, home growers could become competitors of licensed adult-use stores, which face higher business costs.

Meanwhile, Minnesota marijuana stakeholders are concerned the adult-use market will be undersupplied and/or delayed if licensed cultivators can’t begin grow cycles before lawmakers approve final rules.

Legislators voted against a proposed amendment to a bill that would allow state regulators to pre-approve cultivators.

Adult-use cannabis sales in Minnesota are scheduled to begin in early 2025.

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