Two bills filed recently in Hawaii would authorize marijuana to be taxed and regulated similar to alcohol, legalizing the plant, effectively nullifying the unconstitutional federal prohibition on the same.

House Bill 889 (HB889) and Senate Bill 873 (SB873) would relax marijuana laws in the state of Hawaii. HB889 was introduced on Jan. 26 by Rep. Joe Souki (D-8) while SB873 was introduced on Jan. 23 by Sen. J. Kalani English (D-7), Brickwood Galuteria (D-12), Russell Ruderman (D-2), and Sen. Donovan Dela Cruz (D-22).

HB889 would legalize marijuana for all adults and allow individuals to “cultivate up to ten marijuana plants at any one time.” In addition, it would remove “all existing criminal and civil penalties that relate to the growing, sale, distribution, and possession of marijuana” from the Hawaii state code.

SB873 contains similar language to HB889, although is not as comprehensive. The bill would permit “the possession, growing, processing, or transporting of not more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants are grown shall not be subject to criminal prosecution.”

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. Hawaii has the opportunity to lead the way and blaze a new trail toward a sane, sensible drug policy.

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.


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, 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 Hawaii cannot nullify the unconstitutional federal prohibition on the cannabis plant without your help. This effort needs your support to achieve victory. Currently, HB889 is in the House Judiciary Committee while SB873 is in the Senate Public Safety, Intergovernmental and Military Affairs Committee. The bills will need to pass through these committees successfully before they can receive full votes in their respective chambers.


If you live in Hawaii, take all the steps to support these bills at THIS LINK

All Other States, take action to push back against unconstitutional federal prohibition at this link.

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