Marijuana Policy Project

OLIVIA, Minn. — Seizing homestead property belonging to convicted drug dealers violates the state's Constitution, the Minnesota Supreme Court has ruled.

The high court affirmed on Thursday a Court of Appeals ruling against Renville and Yellow Medicine counties, saying the state Constitution exempts homestead property from being subject to forfeiture.

State law makes "real property used in the unlawful manufacturing of controlled substances subject to forfeiture." But in the decision authored by Chief Justice Russell Anderson, that portion of the law is unconstitutional when it comes to people's homesteads.

Renville County Attorney David Torgelson said it would take an amendment to the state Constitution to change Minnesota's homestead protection to allow authorities to seize drug homes.

Torgelson and Yellow Medicine County Attorney Keith Helgeson said they expect the decision will have an impact statewide. And the decision could encourage drug dealers to operate out of their homes, Helgeson said.

The court made it clear that only real property protected by the homestead law is exempted, and that property and assets beyond that could still be seized.

Helgeson said most drug cases in rural counties involve homes with values that are included in the homestead protection.

The court combined the cases from the two different counties, because they raised identical legal issues.

Renville County District Court had allowed authorities to seize a rural Sacred Heart home from a man who pleaded guilty to selling marijuana after law enforcement found a growing operation in the home. The Yellow Medicine case involved a Granite Falls home belonging to a man convicted of selling and distributing methamphetamine and marijuana from his home.