Philosophy, human rights the focus of New Ulm marijuana arrest challenge

NEW ULM — Philosophy treatises about fundamental human rights dominated the discussion as much as criminal law Thursday in Brown County District Court during a hearing for the New Ulm man challenging his marijuana arrest on constitutional grounds.

Jon Hansen II, 33, was charged in February with multiple felony criminal counts of possession and sale of marijuana. The criminal complaint said Hansen told police he was trying to perfect his marijuana growing craft ahead of the state’s legalization of medical marijuana. 

Mankato-based attorney Calvin P. Johnson, who is representing Hansen, argues Hansen was only growing the marijuana to treat his depression. He argues the arrest deprives Hansen of several of his constitutional rights to pursue the medical treatment he feels is best. He is challenging whether Minnesota has a legal or constitutional right to arrest citizens for marijuana usage.

He also argued Hansen should have the marijuana-growing equipment returned to him.

A separate objection seeking the suppression of evidence gathered by New Ulm police was previously argued in the case. The judge ruled against the objection.

Johnson interviewed three witnesses on how the U.S. Constitution intersects with the fundamental human rights people have to pursue their own health and happiness. Famous philosophers such as Immanuel Kant and John Stuart Mill were cited in the discussions with witnesses. Additionally, studies of reduced crime rates and other trends in U.S. states that legalized use of marijuana were discussed with witnesses. 

MSU social and behavioral science professor Jacqueline Vieceli was a witness questioned by Johnson on the issue of human rights.

The prosecution frequently objected throughout Thursday’s proceedings, demanding to know how Johnson’s more abstract questions with witnesses were relevant to criminal law. The majority of the questions were allowed with only the objections about speculative discussions and issues pertaining to the laws of other countries being sustained.

The hearing will be continued through Friday with other witnesses testifying on similar topics. The prosecution has not yet indicated it will call any witnesses of its own.

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Philosophy, human rights the focus of New Ulm marijuana arrest challenge