Nullification at Work: California to Legalize Marijuana?

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An initiative to legalize marijuana in California has garnered enough signatures for placement on the 2010 ballot, according to its supporters.

From NBC:

The [regrettably titled] Tax and Regulate Initiative has far more than the nearly 434,000 signatures needed to make the statewide ballot, said Richard Lee, well-known Oakland medical marijuana entrepreneur and the initiative’s main backer. Campaign organizers say they will submit more than 650,000 signatures of registered voters next month.

The proposal would legalize possession of up to one ounce of marijuana for adults 21 and older. Residents could cultivate marijuana gardens up to 25 square feet. City and county governments would determine whether to permit and tax marijuana sales within their boundaries.

And the piece de resistance:

Marijuana is illegal under federal law. But some legal scholars have argued the U.S. government could do little to make California enforce the federal ban if the drug became legal under state law.

Pardon my French, but no s#!*, Sherlock. It’s called nullification, and it works.

To the author’s credit, though, she managed to make it all the way through an article quite clearly describing the Tenth Amendment in action without comparing legalization advocates to slaveholders in the antebellum South even once.

Josh Eboch [send him email] has previously served as a research analyst for the Tenth Amendment Center. His articles have appeared in various publications, and he wrote regularly for the Center on issues related to state sovereignty and nullification.

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3 comments
California Blogger
California Blogger

California is still the trendsetter. Most people around the world would just assume that Californians would be first to make it legal, but the Golden State is always full of surprises --- and always ready to roll the dice.

Michael Boldin
Michael Boldin

Jeff - the amazing part, is that Josh's point on this is funny - because it's true. I can hardly tell you how many media interviews I've had in the last year where the reporter would quickly start asking me questions about hating people because of their race, and the like. one from the LA Times actually said - "so you have no problem with nazi-types committing hate crimes against black people, is that right?"

Most of them come around after a good 1 hour chat, so luckily we've had some good press here....but it'll be interesting to see what happens in 2010.

My way of thinking - you always know you're over the target when you start getting attacked - taking flak, that is.

Jeff Matthews
Jeff Matthews

Funny remark! Had it been an article on health care, I am sure "Nazi" would have been in there at least once.

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