Senator Deborah Jeanne Dawkins (D) has introduced a bill to allow medical use of marijuana by seriously ill patients under doctor’s supervision.
Senate Bill 2252 “an act to authorize the medical use of marihuana by seriously ill patients under a physician’s supervision; to define certain terms; to provide an exemption from criminal and civil penalties for the medical use of marihuana; to provide limitations on the medical use of marihuana; to provide a legal defense for patients and primary caregivers; to amend sections … of Mississippi code to transfer marihuana from schedule I to schedule II under the controlled substances law; to amend section … Mississippi code of 1972, to exempt the medical use of marihuana from criminal penalties under the controlled substances law; and for related purposes.”
The bill also states: “Although federal law expressly prohibits the use of marihuana, the laws of Alaska, California, Colorado, Hawaii, Maine, Nevada, Oregon and Washington permit the medical use and cultivation of marihuana. The Legislature intends to join in this effort for the health and welfare of the citizens of Mississippi. However, the Legislature does not intend to make marijuana legally available for other than medical purposes.”
If passed, this bill it would put the state in conflict with federal law declaring itl illegal to use, buy and sell marijuana. As the bill authors point out, 99 out of 100 arrests for marijuana are by the states, but this bill still will not protect the states citizens from federal prosecution. The state is legally within its rights to decide this issue based on the 10th Amendment which declares; “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Nowhere in the U.S. Constitution is the federal government given the authority to regulate what plants we grow or consume. This remains purely a state power.Details