Lisa Loesch, a Jefferson City woman charged with a felony count of manufacturing and/or distributing a controlled substance (marijuana), argued that the Missouri right to farm amendment barred the State from prosecuting her for allegedly growing a “small crop” of marijuana in her basement. In 2012, police discovered nine marijuana plants under grow lights in her basement. The State alleged that in addition to the grow lights, the basement was set up with a CO2 generator, and pots with potting soil. The nine marijuana plants were between 1-2 feet tall. Loesch has denied knowing that the basement in her house was set up to grow marijuana.

In 2014, Missouri voters narrowly passed the right to farm amendment, which became part of the Missouri Constitution. Article I, Section 35 of the Missouri Constitution, now states:

That agriculture which provides food, energy, health benefits, and security is the foundation and stabilizing force of Missouri’s economy. To protect this vital sector of Missouri’s economy, the 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.

Section 195.211 RSMo., makes it a crime for any person to “distribute, deliver, manufacture, produce or attempt to distribute, deliver, manufacture or produce a controlled substance or to possess with intent to distribute, deliver, manufacture, or produce a controlled substance.” Marijuana is specifically included as a controlled substance pursuant to Section 195.017 RSMo.

The Cole County Circuit Court rejected Loesch’s Motion to Dismiss the criminal charges against her. Circuit Judge Daniel Green, in denying the Motion to Dismiss, wrote:

The right to farm amendment specifically states it is enacted to protect “That agriculture which…is the foundation and stabilizing force of Missouri’s economy,” “this vital sector of Missouri’s economy…” (emphasis added). When interpreting the constitution, the court must assume that every word contained in a constitutional provision has effect, meaning, and is not mere surplusage. The use of the present tense “is” evidences intent by the drafters to protect what is currently considered a part of Missouri’s agriculture. Simply put, Marijuana is not considered a part of Missouri’s agriculture. … The Missouri Constitution is meant to protect the fundamental rights of citizens, not to give citizens free reign to violate the law. The State has a legitimate interest in protecting the health and welfare of its citizens through statutes such as Sections 195.211 and 195.017 RSMo.(internal citations omitted)

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