JUNEAU, AK. November 05, 2014 – With all districts reporting, voters have approved a ballot measure that effectively nullifies unconstitutional federal marijuana prohibition. Ballot Measure 2 passed by a 52-48% margin.

As a result of its passage, the measure will allow people age 21 and older to possess up to one ounce of marijuana and up to six plants. It will also make the manufacture, sale and possession of marijuana paraphernalia legal. These changes will be implemented at the state level; however, these acts will still remain “illegal” under federal law.

But when the states allow activity in defiance of national laws, the federal government has shown that it does not have the manpower or resources to fully enforce its acts.  In what is quickly becoming a “game-over” situation for the federal government, Alaska joins Oregon and Washington, D.C., which legalized marijuana on the same day, and Colorado and Washington state, where voters approved legalization in 2012.

As more states pile on in the coming years, it’s almost certain that the federal government will eventually have to back off – completely.


Regardless of whether you think legalized marijuana makes for good business, proper constitutional order demanded a “yes” vote on Measure 2.

The people of Alaska have just taken that constitutional power back.

A state law legalizing marijuana strips the power away from the feds and places it where it belongs – within the state. It sends a message to Washington D.C. that the political class needs to hear: we are not going to let you dictate policy in our state, and we aren’t going to let your one-size-fits-all edict rob the People of Alaska their own choice.

Think about it: constitutionalists who oppose federal regulation of health care through the ACA should want to end federal regulation of a single plant as well.

James Madison, the “father of the Constitution,” foresaw this strategy. In Federalist 46, the ‘Father of the Constitution’ gave us a blueprint to follow when the federal government oversteps its bounds. One of the things he recommended was “refusal to cooperate with officers of the Union.” That’s exactly what Alaska is doing in two areas with the passage of Measure 91.

Defying the federal prohibition on marijuana also sets a precedent that will carry over to other issues. If Alaska can join Oregon, Colorado and Washginton State – bucking the feds on weed, they can also buck them on implementing Obamacare, or on enforcing unconstitutional gun laws, or on cooperating with NSA spying. Approval of Measure 91 should serve as a blueprint for states around the country and issues across the political spectrum.

When enough people say no to the federal government and enough states pass laws backing them up, there’s not much that Washington D.C. can do to force its unconstitutional laws, regulations and mandates down our throats.


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.