A group of Minnesotans is arguing the state constitution allows them to sell their home-grown marijuana — they’re legally growing — without a sales license. Now, they want a judge to weigh in.

To try and get that opinion, they’re suing the Interim Director of the Office of Cannabis Management (OMC) Charlene Briner and Minnesota Attorney General Keith Ellison.

“We have individuals that want to exercise their constitutional right,” Jeffrey O’Brien, lead attorney in the lawsuit, said.

O’Brien is talking about Article 13, Section 7 of the Minnesota Constitution, stating:

“No license required to peddle.

Any person may sell or peddle the products of the farm or garden occupied and cultivated by him without obtaining a license therefor.“

Following the legalization of recreational adult use of marijuana in August 2023, state law allows Minnesotans to grow up to eight plants, with only four being mature at a time. It also states a license is required to sell cannabis.

“It’s a case asking for clarification of what appears to be [an] inconsistency between the way the statute, that was passed last year, works, and a long-standing provision of the Minnesota Constitution,” O’Brien added.

O’Brien says a similar argument was made in 1998, but due to the state’s classification of marijuana at the time as a Schedule 1 drug, it was ruled still illegal to sell. O’Brien argues now, with cannabis considered a Schedule 3 drug — following the legalization of recreational use — that ruling is moot.

When asked to be part of our story, the Attorney General’s Office referred 5 EYEWITNESS NEWS to the OMC, which said it does not comment on pending litigation.

One of the plaintiffs, Patrick McClellan, has been growing marijuana since legally allowed — he says cannabis has been a key part of managing his rare form of muscular dystrophy.

“It’s a big relief to be able to produce my own medication at home,” McClellan said about saving money by not relying on the medical marijuana retailers.

“It’s very important for me to have the ability to sell some of my leftover medication to other patients,” he added about the lawsuit.

Another main reason he says he’s involved in the suit is because of his state rights.

“Our constitutional rights, both federal and state are held sacred,” McClellan said.

The lawsuit was filed on May 7 — at that point, the OCM had 21 days to file an answer.

You can read the lawsuit below: