Assemblyman Joseph Hogan along with co-sponsors Andrew Martin and Heidi Swank have introduced AB402.

AB402 is,

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.

Ignore it.

Eighteen states have done just that, legalizing medical marijuana. That wave continues to build, with even more state legislatures considering medicinal marijuana legislation in the 2013 session, and more likely to follow suit.

In the Las Vegas Review Journal, Assemblyman Hogan stated, “I think it’s better than chasing young kids around the neighborhoods, endlessly, and damaging them. We’ve been wasting terrible amounts of money on these completely unsuccessful law enforcement techniques. I think it’s time to get serious, get it fixed and move on.”

The feds insists Americans can’t use marijuana. That hasn’t stopped 18 states from legalizing medicinal cannabis. And the people of Colorado and Washington voted for full marijuana legalization last November.

“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…none,” Tenth Amendment Center executive director Michael Boldin said. “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.”

This bill needs to first get out of Judiciary Committee. The Las Vegas Review states that for this bill to continue forward it requires a two-thirds vote to pass the Legislature.

Action Items
If you are a Nevada resident please contact the Judiciary Committee. Firmly but respectively tell them to vote for AB402.

1.Contact the Chairman
Jason Frierson 702-280-2981

2. Contact other members of the committee
James Ohrenschall 702-432-6999
Richard Carrillo 702-273-8786
Lesley E. Cohen 702-715-0772
Olivia Diaz 702-501-8994
Marilyn Dondero Loop 702-556-0224
Andrew Martin 702-724-8349
Ellen B. Spiegel 702-577-2167
Wesley Duncan 702-767-3733
Michele Fiore 702-302-5163
Ira Hansen 775-221-2502
Jim Wheeler 775-546-3471

Nevada residents can join the Tenth Amendment Center on Facebook. Like us here.

Also, if you are not a resident of Nevada and would like to see similar bills to nullify federal laws in your state, please check out the Tenth Amendment Center’s Model Legislation here.

Kelli Sladick

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