Judge: Missouri Right-To-Farm Doesn’t Cover Marijuana

MISSOURI:  A new constitutional amendment guaranteeing the right to farm doesn’t protect a woman who reportedly grew marijuana in her home, a Missouri judge ruled this week.

Cole County Circuit Judge Dan Green ruled against a woman Tuesday whose public defender tried to argue that cultivating marijuana falls under the farming-rights amendment, the Jefferson City News Tribune reported.

Public defender Justin Carver argued that Green should set aside a grand jury indictment against Lisa A. Loesch. She was charged in 2012 after Jefferson City police arrested her for allegedly growing pot in her basement.

“The conduct alleged in the indictment, even if taken as true, does not give rise to an offense in that the conduct is protected by the Missouri Constitutional right-to-farm,” Carver wrote in an April motion.

Does Missouri’s ‘Right To Farm’ Amendment Mean You Can Grow Marijuana In The Basement?

MISSOURI:  A Missouri woman believes her constitutional right to farm shields her against being prosecuted for allegedly growing a small crop of marijuana in her basement.

Lisa Loesch, 52, of Jefferson City, was charged in 2013 with a felony count of manufacturing and/or distributing a controlled substance. Investigators with the Jefferson City Police Department and a regional drug task force said they found nine healthy, potted marijuana plants under grow lights in her basement in October 2012.

“The room was set up with grow lights, a CO2 generator, and pots with potting soil,” police said in court records. “The plants were approximately 1 and ½ to 2 feet in height.”

Loesch’s lawyer, a public defender named Justin Carver, filed a motion April 28 asking for her case’s dismissal.