Pubdate: Tue, 08 Apr 2014
Source: Journal, The (New Ulm, MN)
Copyright: 2014 Ogden Newspapers Inc.
Contact: http://drugsense.org/url/MLnA8HJ7
Website: http://www.nujournal.com/
Details: http://www.mapinc.org/media/5496
Author: Fritz Busch, Staff Writer, The Journal
Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - U.S.)

NEW ULM MAN FILES LAWSUIT FOR MEDICAL POT FREEDOM

Counterclaim Says Hansen, As a Farmer, Has the Right to Grow Marijuana

NEW ULM - A Mankato attorney for a 33-year-old New Ulm man facing 
felony violations related to a marijuana-growing operation in his 
home filed an answer and counterclaim Friday in Brown County District Court.

Jon G. Hansen II, 2201 N Broadway, was charged Feb. 4, with felony 
4th degree controlled substance sale in a park zone, felony 5th 
degree controlled substance sale, felony 5th degree controlled 
substance possession and petty misdemeanor drug paraphernalia possession.

According to the complaint, New Ulm Police acted Feb. 1 on a tip 
about an active marijuana-growing operation in Traulich Estates and 
that Hansen may be in charge of it. Police went to the suspected 
residence, smelled marijuana, obtained a search warrant and went to 
the residence with Brown-Lyon-Redwood-Renville Drug Task Force 
members on Feb. 2.

Officers searched the residence and found four 2-foot high marijuana 
plants, three 4-foot marijuana plants and eight small marijuana 
plants in a plastic pail with a water pump inside.

Officers also found florescent and grow lights, fans, growing canvas, 
power strips with timers, jars with marijuana buds, empty jars, 
plastic bags with marijuana leaves, potting soil, fertilizer, a bong 
and multi-colored marijuana pipe, a scale, grinders and other marijuana pipes.

Hansen told police he was perfecting the craft of growing marijuana 
to get ahead of the game when Minnesota legalizes it.

Police collected and photographed marijuana plants and weighed about 
90 grams of harvested marijuana.

In the counterclaim submitted by the Calvin P. Johnson law firm, 
Hansen was described as "a farmer, with the ability to sell without a 
license under Minn. Constitution Art. XIII, Subd. 7 (Farmers 
Amendment), including the right to grow the product of his own farm or garden."

"Hansen possesses rights existing in the common law when this Country 
and the State of Minnesota were founded. Some of these rights were 
made an explicit part of the Minnesota Constitution ... the marijuana 
plant (aka hemp, marijuana, hashish, Indian hemp, cannabis) was grown 
for many uses, including making paper, sails, rope, clothing, linen, 
and other items, as well as for medical purposes," according to a 
12-page counterclaim.

Hansen believes that local marijuana growth will cripple the drug 
cartels' stranglehold over Minnesota, eliminate numerous deaths, 
including those of the children, killed in a "drug war" that cannot 
be won. Local marijuana growth will reduce the drug cartels' pipeline 
to Minnesota for other drugs, such as heroin and methamphetamine. 
Minnesota farmers don't grow or cultivate dangerous drugs," the 
counterclaim read.

The State failed to collect substantial economic benefits from 
legalizing marijuana sales, which would improve the public good ... 
which is a constitutional violation, the counterclaim continued. It 
requested the Court rule in favor of Hansen on all 10 counts he 
faces, including his right to a fundamental right to mental health 
treatment, that placing marijuana on Schedule I violates his rights 
and marijuana is properly classified as an herbal supplement.

"The change of consciousness among Minnesotans reflects a general 
understanding that marijuana does not pose any harm and that it can 
be beneficial in many ways, including medicinally," according to a 
press release from Johnson's law office. "Mr. Hansen raises some 
startling questions about the nature of drug cartels, and that fact 
that Minnesota farmers can literally shut down their business, if 
given the opportunity to grow marijuana. This is the answer; law 
enforcement needs to pay attention. Cheap heroin is showing up in 
Minnesota, wreaking havoc, all funded by foreign cartels selling 
marijuana. Let's put an end to this pipeline," Johnson said.

Brown County Attorney Robert D. Hinnenthal said the counterclaim 
amounts to a lot of work and cost to his office on a highly-debated 
topic in Minnesota and some others states.

"This is a very unique defense related to the forfeiture and seizure 
of items used in the alleged illegal activity using controlled 
substances, not the three other felonies and one misdemeanor," 
Hinnenthal said. "He's stretching things a bit here. If you have a 
right to grow controlled substances, where do you draw the line? 
That's what the Legislature is supposed to do. Society has to have 
lines drawn in certain places. The safety of the masses trumps the 
interests of smaller numbers of people."

A scheduling hearing for criminal charges against Hansen is set for 
11 a.m., Tuesday, April 22 in Brown County District Court, according 
to Johnson's news release.
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MAP posted-by: Jay Bergstrom