Minnesota pot growers sue state, seeking to legally sell their homegrown cannabis

Four Minnesotans who grow their own cannabis at home have filed a lawsuit against the state claiming they should be allowed to sell their weed without a license.

Minnesotans 21 and older are allowed to grow up to eight plants per residence and gift some of their cannabis to other adults. But the state’s recreational marijuana law prohibits them from selling it. Only licensed businesses can sell cannabis under the law, and dispensaries aren’t expected to open until sometime next year.

The lawsuit, filed this week against the Office of Cannabis Management and Attorney General Keith Ellison, argues that a little-known provision in the state Constitution allows Minnesotans to sell the marijuana they grow. The plaintiffs point to Article 13, Section 7, which states, “Any person may sell or peddle the products of the farm or garden occupied and cultivated by him without obtaining a license therefor.”

“I really think it’s important for this to go to court and for this issue to be decided one way or another,” said Patrick McClellan, a 57-year-old Bloomington resident who’s one of the four plaintiffs. “Currently, we have two conflicting laws on the books.”

The plaintiffs are asking a judge to rule that anyone who grows their own cannabis at home can sell it without a license “as long as they are otherwise in compliance with Minnesota law.” They’re also seeking an injunction prohibiting criminal enforcement of home-grown cannabis sales.

Three of the plaintiffs, including McClellan, are medical cannabis patients.

Before home-growing became legal, McClellan said, he spent thousands of dollars a year on products from Minnesota’s licensed medical cannabis dispensaries. Now, McClellan produces his own cannabis to relieve the severe pain and muscle spasms caused by his rare form of muscular dystrophy.

But he’s growing more than he can possibly use himself. He’d like to legally sell some of it to other medical cannabis patients.

“There is a need for patients to help supply other patients with reasonably priced medical cannabis, because the dispensaries are not doing that,” McClellan said. “And being my constitutional right, I don’t see why I’m not able to do that.”

Selling excess cannabis also would help McClellan recoup costs. He said he’s spent more than $3,000 on his sophisticated home-growing system.

“The costs of growing at home are significant,” the lawsuit states. “The costs include equipment for proper cultivation as well as additional expenses in order to be statutorily compliant and cultivate his medicine within his home.”

The other three plaintiffs identified in the lawsuit are Eric Rech of Minneapolis, Edwin Engelmann of Franklin and Gregory Schiffler of Maplewood, all of whom grow their own cannabis at home. The lawsuit states that Rech wants to sell his cannabis to other adults, while Engelmann and Schiffler would like to be able to purchase from other home growers. Engelmann and Schiffler both use cannabis to treat chronic pain, according to the lawsuit.

The state’s Office of Cannabis Management declined to comment on pending litigation. The Attorney General’s Office is reviewing the lawsuit, a spokesman said.

Star Tribune staff writer Matt DeLong contributed to this story.