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Minnesotans can now legally grow their own marijuana at home, but the state’s new recreational cannabis law prohibits them from selling it.
Even so, some advocates in Minnesota’s cannabis community argue that a little-known provision in the state Constitution allows them to sell the marijuana they grow. That provision states that “any person may sell or peddle the products of the farm or garden occupied and cultivated by him without obtaining a license therefor.”
“That would appear to apply to cannabis,” said attorney Thomas Gallagher, a board member for the Minnesota chapter of the National Organization for the Reform of Marijuana Laws (NORML).
At a Minnesota NORML news conference earlier this month, Gallagher called on the Legislature to weigh in on the matter next year.
But the Legislature has already taken a firm position. Lawmakers passed a recreational cannabis law this year that allows Minnesotans 21 and older to grow up to eight marijuana plants per residence. They can even give away some of the cannabis they grow to other adults.
Selling it without a license is a crime ranging from a petty misdemeanor to a felony, however. The first licensed retail dispensaries — outside of tribal reservations — aren’t expected to open until early 2025.
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