By a vote of 18-3 yesterday, the Delaware State Senate approved Senate Bill 17 (SB17).
The bill states that, with a doctor’s written recommendation, patients with certain serious or debilitating conditions that could be alleviated by marijuana would be allowed to possess up to six ounces of the drug. Senators approved the bill after adding an amendment lowering the minimum age for qualifying patients from 21 to 18.
Under the bill, qualifying patients would be referred to state-licensed and regulated “compassion centers,” which would be responsible for growing, cultivating and dispensing the marijuana. The bill allows for one nonprofit compassion center in each county within a year of its passage, but does not limit the number of additional centers that could be registered later.
Federal law considers marijuana illegal in virtually every instance – and the federal government does not recognize legitimacy in state marijuana programs. In 2005, the Supreme Court ruled as well – citing a view of the commerce clause far expanded from the Founders’ Constitution – that individuals consuming a plant in their own home in line with state marijuana laws were still under threat of prosecution from Washington D.C.
When that ruling came down, 10 states had active medical marijuana programs, and not one was repealed as a result. In fact, another 5 states – most recently Arizona – have gotten on board. If SB17 becomes law, that would make Delaware the 16th.
What’s been the result? With multiple states and thousands upon thousands of people refusing compliance in what they see as an unjust and/or unconstitutional federal “law” on marijuana – those federal acts have been rendered nearly unenforceable in various states.
The federal government, however, still continues a cherry-pick policy – and will conduct some high-profile raids from time to time. But, when places like Los Angeles have nearly 200 retail stores alone, those states and individuals defying DC are “getting away with it” far more often than not. This is nullification at work.
CLICK HERE to track pending marijuana legislation in other states around the country.
Michael Boldin [send him email] is the founder of the Tenth Amendment Center. He was raised in Milwaukee, WI, and currently resides in Los Angeles, CA. Follow him on twitter - @michaelboldin, on LinkedIn, and on Facebook.
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