HB1659 becomes the latest bill introduced in the Missouri Legislature that would further reduce the restrictions on the possession and use of marijuana. It joins HB1324 and HB1325 – all of which if passed would legalize marijuana, making Missouri the latest state to virtually nullify the unconstitutional federal “drug war.”

HB1659 would allow persons aged 21 or older to possess of up to 16 ounces of marijuana and up to eight plants. It would establish medical marijuana under a doctor’s prescription. Introduced by Rep. Chris Kelly (D), it has not been placed on the house calendar.

While Colorado and Washington blazed the trail to nullification of federal marijuana laws via ballot initiative, no state has yet to nullify so expansively via their legislature. Legalizing through state legislatures is a much more efficient way to nullify drug laws, as such, bills can take effect immediately without pouring precious resources into time-consuming petition drives and costly ad campaigns to sway impressionable voters.

Although no state legislature has yet to pass a full legalization bill, the New Hampshire State House has voted affirmatively this year on a bill to legalize marijuana. While this is still a long way from a state legislature actually showing the courage to buck the feds and end marijuana prohibition, it is certainly a step in the right direction. It also shows that nullification initiatives in places like Missouri are far from a waste of time.


Congress and the president claim the constitutional authority to ban marijuana. The Supreme Court concurs. However, 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. In addition, the so-called war on drugs rests on the same legal authority as all of the other modern-day undeclared wars.


Doubt this? Then ask yourself why it took a constitutional amendment to legalize federal alcohol prohibition?

Never-the-less, 21 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.


For MO Residents: Contact your State Representative HERE and respectfully demand that they support and co-sponsor HB1659 to legalize marijuana, and reject unconstitutional federal laws banning a plant.

Contact your State Senator and urge them to introduce companion legislation in the State Senate. You can find their contact information by clicking HERE.

For Other States: Call your legislators and demand that they follow the lead of Missouri, New Hampshire and other states by introducing a bill that would legalize marijuana. You can find your legislators contact information by clicking HERE.

William Kennedy

The 10th Amendment

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