Right-to-Farm Constitutional Amendment Did Not Create A Constitutional Right to Grow Pot

 

38560394646_713faef3e5_o

Image by Neal Wellons of central Missouri farm showing grain bins with a grain trailer in the background.

 

The article is not a substitute for legal advice. 

In 2014, Missouri voters approved a constitutional amendment creating a new constitutional amendment to protect the right to farm and ranch in the state of Missouri. This amendment is broader protection than the state’s right-to-farm law that just protects an agricultural operation against nuisance lawsuits. But in approving the constitutional amendment did Missouri voters create a new right to grow and cultivate marijuana in Missouri? A few criminal defendants had tried to claim the new constitutional amendment preempted state drug law related to growing marijuana. The Supreme Court of Missouri recently held that the right-to-farm constitutional amendment did not create a new right to grow marijuana in the state (Missouri v. Shanklin). Continue reading