A Rose is a Rose is a … Sale? How “Cultivate” can mean “Sell” – Alice in Minnesota Law-land

Marijuana Growing: Minnesota Law

Marijuana Growing Indoors

Does the word “Cultivate” actually mean “Sell?”  No?

Well, the Minnesota legislature has decreed otherwise.

Minnesota lawmakers, influenced by the state’s prosecutors, have taken a page from Humpty Dumpty in Alice Through the Lookinglass:

’When I use a word,” Humpty Dumpty said in a rather scornful tone, ” it means just what I choose it to mean – neither more nor less.”

The question is,” said Alice, “whether you can make a words mean so many different things.”

“The question is,” said Humpty Dumpty, “which is to be the master – that’s all.”

The legislature likes to think it has the power to define terms in any way they wish (with courts, juries, and voters the only limits).  Just like Humpty Dumpty in Alice, sometimes they go too far – giving words a statutory definition completely divorced from the common meaning of a word.  Yet – their power has limits.  The courts can strike down such nonsense as unconstitutional.  And the People on the Jury have the power of Jury Nullification – to acquit anyone accused of a crime based on a law that that the Jury finds to be nonsense.  A juror can veto the law.  This power is a core ingredient designed by the framers as a check and balance on the power of the elites in the legislative, executive and judicial branches of government.

If you grow a tomato in your backyard, then eat it there off the vine; have you by doing so also “Sold” it?  Replace “tomato” with “marijuana.”  Same conclusion?

For more on this topic take a look at our Minnesota marijuana grow defense page – by Thomas C Gallagher, Minneapolis Criminal Defense Lawyer.

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