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Advocates argue amendment in Minnesota Constitution allows sale of home-grown weed

Does a constitutional loophole allow Minnesotans to sell the weed they grow?
Does a constitutional loophole allow Minnesotans to sell the weed they grow? 02:25

MINNEAPOLIS – Most marijuana dispensaries likely won't show up until 2025, but some Minnesotans argue selling home-grown weed is, in fact, legal right now.

Advocates believe they've found a loophole in a 1906 amendment to the Minnesota Constitution. Amendment 3 says, "Any person may sell or peddle the products of the farm or garden occupied and cultivated by him without obtaining a license."

RELATED: Growing weed at home in Minnesota: Your questions answered

Selling aside, Minnesotans can now legally grow up to four flowering plants at home, which is what Bridgette Pinder is doing. She owns Grounded Gardens, a St. Paul cannabis store that opened its doors Tuesday.  

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"I started my seeds this morning," Pinder said. "I was super excited...We've sold probably five or six packs of seeds already."

Pinder is teaching grow classes at the store this weekend that she says are already sold out. She doesn't want to test the constitutional loophole about selling what she grows, though.

RELATED: Recreational weed is now legal in Minnesota: What to know

"I don't want to be the first one to have to go to court and try to fight that case," Pinder said.

You could still face charges if caught selling marijuana.

Advocates want either lawmakers, or the courts, to clarify the rules for home-growers wanting to sell their buds.

RELATED: Red Lake opens doors to dispensary offering first retail sales of weed in Minnesota

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