A bill filed last week in New Mexico would allow the voters to amend the state constitution authorizing marijuana to be taxed and regulated similar to alcohol, legalizing the plant, and effectively nullifying the unconstitutional federal prohibition on the same.
Senate Joint Resolution 2 (SJR2) was introduced on Jan. 16 by State Sen. Gerald Ortiz y Pino (D-12) as a proposed alteration to the New Mexico state constitution that would put language into it that authorizes the legalization of marijuana. If this resolution successful, it would ultimately be put to the voters to decide during a future election.
SJR2 would amendment Article 20 of the New Mexico state constitution to read as follows:
Possession and personal use of marijuana shall be lawful by persons twenty-one years of age or older. The legislature shall provide by law for the production, processing, transportation, sale, taxation and acceptable quantities and places of use of marijuana and hemp to protect public health and safety.
New Mexico now has the opportunity to join Alaska, Oregon, Colorado and Washington as states openly flouting the federal war on pot. The great thing about these types of reforms is that they are completely Constitutional, and there is little the feds can do about it when enough states and people resist them.
CONSTITUTIONALITY
Congress and the president claim the constitutional authority to ban marijuana. The Supreme Court concurs. But the opinions of black-robed judicial oracles don’t magically transform the meaning of the Constitution. It delegates no power to regulate plants grown and used within the borders of a state. And the so-called war on drugs rests on the same legal authority as all of the other modern-day undeclared wars.
None.
Never-the-less, 23 states have already put the well-being of their citizens above faux federal supremacy, nullified the unconstitutional prohibition and legalized marijuana to varying degrees anyway.
The message? When enough people say NO to unconstitutional federal “laws” – and enough states back them up, there’s not much the feds can do about it.
“The rapidly growing and wildly successful state-level movement to legalize marijuana, either completely, or for medical use, proves that states can successfully nullify unconstitutional federal acts. The feds can claim the authority to prohibit pot all they want, but it clearly has done nothing to deter states from moving forward with plans to allow it, pushed by the will of the people,” Tenth Amendment Center executive director Michael Boldin said.
Michael Maharrey of the Tenth Amendment Center weighed in on the issue as well, saying, “The Constitution delegates no power to the federal government to prohibit marijuana in the states. This power remains with the state governments and the people. Doubt me? Then ask yourself why it required a constitutional amendment to prohibit alcohol. There is no fundamental difference. New Mexico has it right. Let the people decide if they want legalized marijuana. And if they do, the heck with the feds.”
The momentum is on our side, but New Mexico cannot nullify the unconstitutional federal prohibition on the cannabis plant without your help. This effort needs your support to achieve victory.
ACTION ITEMS
If you live in New Mexico, take all the steps to support this legislation at THIS LINK
All Other States, take action to help nullify the unconstitutional federal war on drugs in your state at this link.
