The governor of Minnesota is pushing back against a legal argument that the state Constitution allows people to sell their homegrown marijuana without obtaining a license, stating that it was “not our intention” to authorize that type of commerce under the legalization legislation he signed into law this year.
While adults 21 and older may now possess, cultivate and gift cannabis under the law that took effect at the beginning of the month, retailers (beside those operated by tribes) are not expected to open for at least another year. As the law was being drafted, however, some advocates said that Section 7, Article XIII of the Minnesota Constitution gave farmers another option to begin marijuana sales outside of the licensing scheme.
That section, enacted in 1906 after a farmer was penalized for selling melons out of his wagon, states that “any person may sell or peddle the products of the farm or garden occupied and cultivated by him without obtaining a license.”
It doesn’t specify what kinds of products may be sold—and now that cannabis is legal, certain advocates are making the case that the policy is applicable to homegrown marijuana. Others want lawmakers to revise the new legalization law so that it explicitly protects the rights of farmers to sell their own cannabis without a license.
Gov. Tim Walz (D), a strong proponent of the state’s legalization law, said during a press conference last week that he and lawmakers didn’t intend to create that alternative commerce pathway, though he didn’t necessarily speak to the merits of the constitutional argument. He said he hasn’t had any “substance conversations” with legislative experts or commerce officials about the possibility.
Hellbound and Down 