Missouri's now year-old right-to-farm amendment won't help a Cole County woman avoid a drug charge, Circuit Judge Dan Green ruled Tuesday.
Four months ago, Public Defender Justin Carver filed a six-page motion asking Green to set-aside the grand jury's indictment against Lisa A. Loesch for growing marijuana in her home in October 2012.
"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 (amendment)," Carver wrote in his motion filed April 28.
However, in a 13-page judgment, Green disagreed, and cited several reasons.
First, he noted voters didn't adopt the amendment until the Aug. 5, 2014, primary election, and it didn't go into effect until Sept. 4 last year.
So, Green ruled, it wasn't in effect when Loesch was charged in October 2012.
Second, he wrote, "The plain language of the amendment establishes a substantive right to farmers and ranchers to engage in traditional farming and ranching.
"Agricultural practices that farmers and ranchers have a right to participate, including livestock and legitimate crop production, are still subject to reasonable regulations."
Green added, Loesch's "argument that growing marijuana in a basement constitutes a "farming or ranching practice' goes way beyond the plain meaning of "farming or ranching practice.' ... Simply put, marijuana is not considered a part of Missouri's agriculture."
Carver also argued the amendment removed marijuana from the criminal code.
However, Green's ruling countered, "The Department of Health and Senior Services has determined that a number of drugs produced from plants should be statutorily prohibited ... because of their high potential for abuse.
"These drugs include, but are not limited to, marijuana, heroin (which is produced from the opium poppy plant, Papaver somniferum), and cocaine (which is produced from the leaves of the coca plant, Erythroxylum coca)."
Green also rejected Carver's argument laws prohibiting marijuana cultivation violate several state and federal constitutional rights.
Loesch is scheduled to appear in Green's courtroom later this month, either to enter a plea, or to set a trial date.