Assemblyman Joseph Hogan along with co-sponsors Andrew Martin and Heidi Swank have introduced AB402.
An Act relating to controlled substances; providing in skeleton form for the decriminalization of the possession, use and delivery of marijuana by certain persons under certain circumstances; providing in skeleton form for the taxation of the production, processing and sale of marijuana; providing a penalty; and providing other matters properly relating thereto.
This bill, which was modeled after House Bill 150 from Hawaii, will legalize possession, cultivation, use those 21 and older of marijuana. This bill does not allow persons under the influence of marijuana to operate a vehicle, require an employer to accomodate the use of marijuana, to transfer marijuana to those under the age of 21, or require a property owner to allow marijuana use. This bill also establishes an excise tax on wholesale and retail sales.
Congress and the president claim the constitutional authority to prohibit weed. The Supreme Court concurs. But sharing an opinion on something doesn’t necessarily make it a fact. You can claim you are a unicorn, but you’re not. Clearly, the Constitution delegates no power of marijuana regulation to the feds. And the so-called war on drugs rests on the same legal authority as all of the other modern-day undeclared wars.
So, more and more states continue to do exactly what they should do when the federal government tries exercise power it does not legitimately possess.