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 said 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 sometimes 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.  “Sometimes” has the power?  Yes – even 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 that the Jury finds to be nonsense. 

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? 

More on this at marijuana grow Minnesota  page – by Thomas C Gallagher, Minneapolis Criminal Defense Lawyer.

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