Cannabis Law - Jeffrey O'Brien Today

Acceptance of cannabis has grown rapidly in the United States, with a majority of Americans now supporting both medical and recreational use. Like the liquor industry, the transition from prohibition to legalization and regulation is a complex one, and I work with a number of clients who are in or entering into this space.

On May 7, 2024, our firm filed a lawsuit against the Office of Cannabis Management (OCM) which asks the court to confirm that persons growing cannabis at home as permitted under Minn. Stat 342.09, Subd. 2 are allowed to sell the products of those plants without a license in accordance with Article 13, Section 7 of the Minnesota Constitution, which 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.”

Complaint

Affidavit of Jeffrey C. O’Brien

Following are articles related to the lawsuit:

Does Minnesota’s constitution say home growers can sell their extra cannabis? This lawsuit thinks it does, MinnPost, May 9, 2024

Interview With Jon Justice regarding lawsuit, Jon Justice, May 10, 2024

Minnesota home growers file suit seeking to sell their marijuana without a license, MJBiz Daily, May 10, 2024

Minnesota pot growers sue state, seeking to legally sell their homegrown cannabis, StarTribune, May 10, 2024

Minnesota Constitution Gives Marijuana Growers The Right To Sell What They Produce Without A License, Lawsuit Claims, Marijuana Moment, May 10, 2024

Minnesota Lawsuit Contends State Constitution Allows Individuals to Sell Home-Grown Cannabis, Ganjapreneur, May 13, 2024

Group of cannabis growers sues state, arguing constitution allows them to sell without license, KSTP-TV, May 15, 2024

Lawsuit seeks right to sell homegrown pot without license, Minnesota Lawyer, May 15, 2024

Connecting The Dots Between Minnesota Homegrow, State Constitutions & Selling Melons, Karma Koala Podcast, June 2, 2024