One of the most active fronts in the fight to push back Federal overreach has been resistance to the Controlled Substances Act- a measure passed long ago that would have been soundly rejected by those who created our American system of governance.
The founders knew that something as important as what we put into our bodies should never be left to a far off group of bureaucrats in the central government. Constitutional design was intended to prevent Federal lawmakers from deciding such important matters- since those lawmakers could never effectively make decisions for people with whom they have almost no contact.
Kansas is considering HB2330, the Cannabis Compassion and Care Act, which would follow this principle in kind. Whether or not you support the use of cannabis is really quite irrelevant if you support the Constitutional form of government we were blessed with in these United States. The fact is that Kansans have authority under the Bill of Rights and the 10th amendment to decide for themselves, at the state level, how to regulate something like cannabis.
From the text of the bill:
The legislature of the state of Kansas declares that this act is enacted pursuant to the police power of the state to protect the health of its citizens that is reserved to the state of Kansas and its people under the 10th Amendment to the United States Constitution.
It is likely that the minions of tyranny will come out to attack this move by Kansans to make their own decisions about cannabis- it is likely that the national media coverage will go immediately to the ‘supremacy clause card’ and say that it doesn’t matter what Kansans think. I am optimistic that as a Constitutionalist, you see that this response is not what the founders would have permitted if they were with us today.
What I would love to see, is for the entire Tenther movement to take this opportunity to say ‘enough is enough- let the Kansans decide what is right for Kansas’. On Jan 13th for a statewide rally and again on Jan 24th at the capitol in Topeka, when the House Health and Human Services (HHS) Committee gives HB2330 a long-awaited hearing, there will certainly be threats from DC. There will certainly be spin from the media- what remains to be seen is how YOU respond- how you discuss this matter with your friends, family and colleagues. If you are a Tenther and understand the truth of what our Constitution means, then you’ll be in support of Kansas’ right to choose.
NOTE: Use the TAC’s legislative tracking page to follow all state-based marijuana bills at this link