A resolution has been introduced in New Mexico that proposes to change the Article 20 of the State Constitution, effectively nullifying unconstitutional federal marijuana prohibition.

If approved by voters, the amendment would legalize marijuana for recreational use by the general public, following in the footsteps of Colorado and Washington State.

Senate Joint Resolution 10 (SJR10) would amend the New Mexico Constitution to say, “Possession and personal use of marijuana shall be lawful by persons twenty-one years of age and older. The legislature shall provide by law for the production, processing, transportation, taxation, sale and acceptable quantities and places of use of marijuana to protect public health and safety.”

Sen. Gerald Ortiz y Pino (D-12)  introduced the resolution. If the amendments is approved by the legislature and passed in a popular vote, the state legislature would then determine the specific rules and regulations that would govern the NM marijuana market.

As reported in a KOAT News report about these developments, Sen. Ortiz y Pino highlighted the economic benefits of his proposed Constitutional amendment saying, “If we legalize we may have a real economic boom just from the reactivation of the hemp industry.”

Aside from a possible economic boom, other benefits to passing this joint resolution could be the quelling of drug-related border violence which is directly subsidized by prohibition, making room in the overpopulated prison system for violent law-breakers, and keeping families together who otherwise would be ripped apart because of the Draconian federal drug laws.

The federal government prohibits marijuana for any purpose. Tenth Amendment Center national communications director Mike Maharrey says this clearly violates the Constitution.

“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. New Mexico has it right. Let the people decide if they want legalized marijuana. And if they do, the heck with the feds.”


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.

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 NM Residents: Contact your State Senator and respectfully demand that they support SJR10 to legalize marijuana. You can find their contact information by clicking HERE.

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

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.