jorge cervantes outdoor marijuana garden time lapse
Ending Marijuana Prohibition

Missouri Attorneys Using “Right to Farm” Amendment To Defend Marijuana Growers

jorge cervantes outdoor marijuana garden time lapseFarming is a very big part of life in Missouri I’m told. One of the co-owners of this blog, Travis, is from Missouri. Jay Smoker, one of the other co-owners of this blog, has traveled to Missouri a handful of times. Both of them have told me about about Missouri’s farmland and big agricultural industry. Protecting that industry has been important in Missouri for a long time. So important that there is a thing called the ‘Right to Farm’ amendment on the books. The amendment states, “the right of farmers and ranchers to engage in farming and ranching practices shall be forever guaranteed in this state.”

But does that amendment apply to marijuana farming? Attorneys defending people who are being charged with felony marijuana cultivation think so. Per the Columbia Missourian:

“The language of ‘Right to Farm’ is so very broad that it’s startling,” Carver said. “I just started thinking about it, and it just dawned on me that if you read this language, it sounds like growing marijuana is permitted.”

The amendment was put on the ballot by the Republican-controlled state legislature. It was approved by voters statewide in August by 2,375 votes out of almost 1 million ballots cast, and survived a recount.

Carver filed a motion last week in Cole County Circuit Court arguing, in part, that even though growing pot is illegal under Missouri law, those statutes are unconstitutional because they violate Amendment 1.

Cole County Prosecutor Mark Richardson did not return calls seeking comment. Circuit Judge Daniel Green presides over the case.

Columbia-based attorney Dan Viets filed a similar motion in February on behalf of two of his clients.

“Any state statute that prohibits cultivation of marijuana was automatically rendered invalid by the passage of Right to Farm,” Viets said.

It’s unclear how this will play out, but I feel that if the true intent of the amendment is to protect farming, and the way the language is written, it should protect all farming, including marijuana cultivation. I will be rooting for the attorneys in these cases, and I’m hopeful for a favorable outcome. Seeing Missouri legalize marijuana cultivation is something that I hope to see sooner than later, as marijuana prohibition in Missouri has harmed way too many lives, including the lives of some of my very good friends. Go get ’em Missouri!

  • Jordan Shorette

    Hahahahahaha whoops, I read it the same way the lawyers did lol someone just legalized the cultivation of marijuana in Missouri

    • Bob Schneider

      Tell what I fear, it may be discovered that we do have the right to farm, but the sleezie dip shits won’t let us harvest

      • Jordan Shorette

        I was thinking after that technically wouldn’t that legalize growing opium poppy too? Lol I want marijuana legalized just as much as anyone but this may be a badly worded amendment lol

        • Bob Mylow

          Funny most states allow the growing of opium poppies. It’s just you can’t lance the bulbs and you must wait till plant is completely dried up to collect seeds. We have opium poppies growing wild in our alley. Neighbor jokes about how they must have jumped off his roll. Police care little if someone has a few. Just don’t think a field will go unnoticed . And once lanced it’s felony cultivation. Parks and Burpee seed companies sell opium poppies their just not advertises as such.

          • Poppy seed bagels. Ummmmmmmmmmm. Poppy seed bread. Yummmmmmmmmm. You are warned to avoid eating that stuff if you have an impending drug test.

          • Bob Mylow

            Agreed and correct. I should make it clear while their cultivation for floral appeal or culinary taste is accepted. The legal grey area they reside in is still covered under as a schedule 2 drug. If you think about it. The degree of harm it can possibly do compared to cannabis. It just shows how confusing the legal system is.

          • newageblues

            Deranged might be a better word for it than confusing.

          • Bongstar420

            If poppies were popular like pot, it wouldn’t be happening like that.

            But since Morphine doesn’t have the image of Heroin, people don’t grow it. Getting or making acetic anhydride is quite difficult.

            Wait for GE (or more inaccurately, but popularly conceptulized, GMO) pot..the hippies will hate it. EVIL

          • Jordan Shorette

            Lol very informative I was 100% unaware of any of that, pretty neat info though !

  • yep

    The lawyers are rigt they did make all farming legal and in turn made cannabis cultivation legal. This is a very good thing for people needing this medicine

    • Bob Schneider

      We are going to find out something pretty quick to the trial is set for ay 13 I believe

    • Bongstar420

      Would they be chanting the tune they are if they were not going to profit as a consequence?

  • Bob Schneider

    If this works it will be one of Missouri greatest days in history. I am proud to know that we have such intelligent attorney’s working here for the people in Missouri. My hat off to y’all go get em

    • BongSprocket

      Damn right

  • Bob Mylow

    If it works in Missouri it can be applied to other states. all 50 have similar amendment’s.

  • Meghan Nova

    Legalize marijuana on federal level. It’s about time
    http://www.sgoal.org/Legalize-marijuana-on-federal-level

  • SgtStorm

    Despite what they say, Republicans support BIG government. They are always flippin’ their flaps about “freedom” this and “freedom” that. It’s all a show. They don’t support freedom. Unless it’s their version … And that’s NOT freedom. The only reason republicans get votes is because they trick people into worrying about gay pizza and the war on Christmas, “welfare queens,” Mexicans, terrorists. As long as they have you sacred, they win – we lose.

    • BongSprocket

      I can’t say I’ve ever had gay pizza… I’m guessing it has a heavy amount of sausage?

    • Bongstar420

      Just like everyone flipping their flaps about any other form of “freedom” as it always comes at the expense of someone elses “freedom”

      My “freedom” over yours is the mantra.

  • The right to farm should be a federal constitutional amendment. Not only could we grow Cannabis without the state stealing from us, or busting us, but we could grow any number of other crops without Monsanto stealing from us!

  • Bob Schneider

    What has happened to this thread? We the people of Missouri would like to hear what the judge had to say about this defense. Why bring it up then leave us hanging like this?