A bill filed last week in the Hawaii state senate would authorize marijuana to be taxed and regulated similar to alcohol, legalizing the plant, and effectively nullifying the unconstitutional federal prohibition on the same.
Senate Bill 873 (SB873) was introduced on Jan. 23 by State Sens. Kalani English (D-7), Brickwood Galuteria (D-12), Russell Ruderman (D-2) and Donovan Cruz (D-22). If passed, Hawaii would be the first state to fully legalize marijuana through legislative action.
SB873 would mandate that the “personal use of marijuana shall not be the basis for arrest, seizure, or forfeiture of assets.” In addition, “the possession, use, display, purchase, transfer, or transport of marijuana, marijuana accessories, or marijuana paraphernalia for personal use shall be immune from criminal prosecution.”
Under SB873, the “possession, growing, processing, or transporting of not more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants are grown shall not be subject to criminal prosecution; provided that the growing takes place in an enclosed and locked space and is not conducted openly or publicly, and that the plants are not made available for sale” would be permitted.
The great thing about reforms like SB873 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 had 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. Hawaii 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 Hawaii 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 Hawaii, take action to support this bill at THIS LINK.
All Other States, you can still work to fight cannabis prohibition in your state. Call your state legislators and urge them to introduce a bill that fights cannabis prohibition such as our P.E.A.C.E. Act. You can find their contact information HERE.
