A bill filed last week in Arizona would authorize marijuana to be taxed and regulated similar to alcohol, legalizing the plant, and effectively nullifying the unconstitutional federal prohibition on the same.
House Bill 2007 (HB2007) was prefiled by State Rep. Mark Cardenas (D-Phoenix). If passed, people aged 21 and older may “possess, consume, use, display, purchase or transport marijuana accessories or one ounce or less of marijuana.” They would also be allowed to “possess, grow, process or transport not more than five marijuana plants and the marijuana produced by the plants on the premises where the plants were grown, transfer one ounce or less of marijuana and not more than five immature marijuana plants to a person who is at least twenty-one years of age without remuneration,” and “assist another person who is at least twenty-one years of age in any of the acts described” previously in this portion of the bill.
While other states have decriminalized marijuana or legalized medical marijuana through their legislatures, no state legislature has had the courage to pass a full legalization bill yet. Arizona has the opportunity to lead the way on this important issue, similar to the way they have led on the issue of states’ rights by passing Prop. 122 in November.
The great thing about these types of reforms is that they are completely Constitutional, and there is little the feds can do about it when enough states and people resist them.
CONSTITUTIONALITY
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.
None.
Never-the-less, 23 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.
Michael Maharrey of the Tenth Amendment Center weighed in on the issue as well, saying, “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. Hawaii has it right. Let the people decide if they want legalized marijuana. And if they do, the heck with the feds.”
The momentum is on our side, but Arizona cannot nullify the unconstitutional federal prohibition on the cannabis plant without your help. This effort needs your support to achieve victory.
ACTION ITEMS
If you live in Arizona, call your state representative and politely urge them to co-sponsor HB2007. Afterward, call your state senator and politely urge them to introduce similar legislation in their chamber. You can find their contact information HERE.
All Other States, you can still work to fight cannabis prohibition in your state. Call your state legislators and urge them to introduce a bill that fights cannabis prohibition such as our P.E.A.C.E. Act. You can find their contact information HERE.
