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Minnesota
Marijuana
Law
Faces
Constitutional
Challenge
9/25/98
On Tuesday (9/29), the Minnesota Court of Appeals will hear
oral arguments in the criminal appeal of Thomas Wright, who
was earlier convicted on a marijuana charge. Wright is
arguing that the state's marijuana prohibition is in
violation of the Minnesota Constitution, Article XIII,
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 therefore."
During Wright's trial, his attorney, Randall Teague, made a
motion for dismissal based on A13, S7, explaining to Judge
Alan Oleisky that the state cannot have the greater power of
making marijuana completely illegal if it does not have the
lesser power of requiring a license. Teague produced
evidence that marijuana was a "product of the farm or
garden" in 1906 when the section was voted into the
Minnesota constitution, and continued to be so until 1935
when the state adopted the Uniform Narcotics Control Act and
its optional marijuana provision. He argued that the
state's controlled substances act says that you can be in
legal possession and be a manufacturer if you have a license
through the board of pharmacy.
Wright told The Week Online, "The truth of the matter is
that the truth doesn't matter. The logic of my claim is
undeniable but I know that they'll develop a legal construct
that usurps the right of farmers. No matter, though, I'm
prepared to take this to the Supreme Court."
-- END --
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Issue #60, 9/25/98
DRCNet Nearing the 7,000 Mark -- Your Voice Needed | Alert: Congress Considers Jailing Children With Adults | Alert: from the Andean Information Network | On the Web | Canadian Hemp Shop Bust Aided by US Agents | Hemp BC Business License Hearing Scheduled for Next Week | Media Note: CBS Drama to Highlight Medical Marijuana | Volunteers Needed for Washington, DC Medical Marijuana Initiative | New Study Indicates That Cannabis Relieves Pain | Drug War Militarization Bill Passes House Over Objections of Colombia | Background on Juvenile Justice Bill | Massacre in Ensenada, Mexico Hits Close to US | Minnesota Marijuana Law Faces Constitutional Challenge | Human Rights Activists Accuse Russian Police of Planting Drugs | National Conference on Prisons This Weekend | Editorial: Repentance for the Drug War
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