By a vote of 18-3 yesterday, the Delaware State Senate approved Senate Bill 17 (SB17).

The bill states that, with a doctor’s written recommendation, patients with certain serious or debilitating conditions that could be alleviated by marijuana would be allowed to possess up to six ounces of the drug. Senators approved the bill after adding an amendment lowering the minimum age for qualifying patients from 21 to 18.

Under the bill, qualifying patients would be referred to state-licensed and regulated “compassion centers,” which would be responsible for growing, cultivating and dispensing the marijuana. The bill allows for one nonprofit compassion center in each county within a year of its passage, but does not limit the number of additional centers that could be registered later.

Federal law considers marijuana illegal in virtually every instance – and the federal government does not recognize legitimacy in state marijuana programs. In 2005, the Supreme Court ruled as well – citing a view of the commerce clause far expanded from the Founders’ Constitution – that individuals consuming a plant in their own home in line with state marijuana laws were still under threat of prosecution from Washington D.C.

When that ruling came down, 10 states had active medical marijuana programs, and not one was repealed as a result. In fact, another 5 states – most recently Arizona – have gotten on board. If SB17 becomes law, that would make Delaware the 16th.

What’s been the result? With multiple states and thousands upon thousands of people refusing compliance in what they see as an unjust and/or unconstitutional federal “law” on marijuana – those federal acts have been rendered nearly unenforceable in various states.

The federal government, however, still continues a cherry-pick policy – and will conduct some high-profile raids from time to time. But, when places like Los Angeles have nearly 200 retail stores alone, those states and individuals defying DC are “getting away with it” far more often than not. This is nullification at work.

CLICK HERE to track pending marijuana legislation in other states around the country.

Michael Boldin

The 10th Amendment

“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.”



Featured Articles

On the Constitution, history, the founders, and analysis of current events.

featured articles


Tenther Blog and News

Nullification news, quick takes, history, interviews, podcasts and much more.

tenther blog


State of the Nullification Movement

232 pages. History, constitutionality, and application today.

get the report


Path to Liberty

Our flagship podcast. Michael Boldin on the constitution, history, and strategy for liberty today

path to liberty


Maharrey Minute

The title says it all. Mike Maharrey with a 1 minute take on issues under a 10th Amendment lens. maharrey minute

Tenther Essentials

2-4 minute videos on key Constitutional issues - history, and application today


Join TAC, Support Liberty!

Nothing helps us get the job done more than the financial support of our members, from just $2/month!



The 10th Amendment

History, meaning, and purpose - the "Foundation of the Constitution."

10th Amendment



Get an overview of the principles, background, and application in history - and today.