A bill has been pre-filed for 2015 that would legalize medical marijuana in certain circumstances for the state of Kentucky, effectively nullifying the unconstitutional federal prohibition on the same.
Introduced by State Sen. Perry B. Clark, SB40 is scheduled for consideration next year that is designed “to protect patients with debilitating medical conditions, as well as their practitioners and providers, from arrest and prosecution, criminal and other penalties, and property forfeiture, if such patients engage in the medical use of cannabis.”
The bill states that “a qualifying patient shall not be subject to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by a court or occupational or professional licensing board, for the medical use of cannabis.”
The federal government currently lists marijuana as a Schedule I narcotic and attempts to prohibit it 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,” Maharrey said.
As more states take marijuana policy into their own hands, defying the federal prohibition, the federal government has become increasingly incapable of enforcing its unconstitutional prohibition. They simply lack the resources to stop the tidal wave. For those concerned about the health care and personal choices of people living in Kentucky, this cannot come too soon.
“The last time half the states took action to nullify the federal government was in response to the Fugitive Slave Act of 1850,” said Maharrey. “This is historic, and it can continue with the passage of SB40 in Kentucky during next year’s legislative session.”
Medical marijuana is an incredibly important issue pertaining to nullification and states’ rights. Because it is so overwhelmingly popular, medical marijuana can act as a metaphorical ‘gateway drug’ to the idea of state and local resistance to onerous federal laws. With this issue, it is possible to show the residents of your state that local control better serves the needs of the people than the top-down federal approach that has failed for so many decades.
Although it draws a legal distinction between recreational and medical marijuana, SB40 marks an enormous step in the right direction for both medical marijuana supporters and advocates of decentralized government in the state of Kentucky. It signals that the public is ready to throw off the shackles of ‘federal supremacy’ and take lawmaking into their own hands.
In Kentucky: Contact your state representative, and urge them to co-sponsor this important legislation. Contact your state senator, and urge them to introduce similar legislation in their chamber. You can find their contact information by clicking HERE.
In Other States: Contact your state legislators and politely demand that they legalize medical marijuana by introducing a similar bill. You can find their contact information by clicking HERE.
- Wyoming Committee Passes Bill to Prohibit State Enforcement of Federal Red Flag Laws - February 23, 2024
- Louisiana Senate Passes Permitless Carry Bill - February 23, 2024
- New Hampshire House Committee Passes Bill to Prohibit Credit Card Codes to Track Firearms Purchases - February 19, 2024