Right to Farm vs. State Regulation
A Missouri woman recently claimed Missouri’s “Right to Farm” constitutional provision as a defense in a felony prosecution for growing nine marijuana plants in her basement. All states have right to farm laws, generally intended to protect farmers from civil suits brought by encroaching suburban neighbors based on things like the smell of pig manure.
Missouri’s law is unusual, both because it is a constitutional provision and because the language is very sweeping:
“[T]he right of farmers and ranchers to engage in farming and ranching practices shall be forever guaranteed in this state, subject to duly authorized powers, if any, conferred by article VI of the Constitution of Missouri.”
The case has yet to be decided, but the argument deserves full credit for creativity. ...
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