SANTA FE, NM (Feb 13, 2015) – By a close 5-4 vote yesterday, a New Mexico state Senate Committee passed a measure that would legalize marijuana for the general public, effectively nullifying the unconstitutional federal prohibition on the same. 

Senate Joint Resolution 2 (SJR2), introduced by Sen. Gerald Ortiz y Pino (D-12), would bypass the Governor’s desk if passed by the legislature and go to the ballot for a vote of the people. If approved, it would amend the state constitution authorizing marijuana to be taxed and regulated similar to alcohol.

Under the measure, Article 20 of the New Mexico state constitution would read as follows:

Possession and personal use of marijuana shall be lawful by persons twenty-one years of age or older. The legislature shall provide by law for the production, processing, transportation, sale, taxation and acceptable quantities and places of use of marijuana and hemp to protect public health and safety.

New Mexico now has the opportunity to join Alaska, Oregon, Colorado and Washington as states openly flouting the unconstitutional federal war on pot, expanding freedom on this issue and teaching others a blueprint for doing the same on other issues.


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 have already taken actions to effectively nullify unconstitutional federal prohibition by legalizing 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. This measure in New Mexico has it right. Let the people decide if they want legalized marijuana. And if they do, to heck with the feds.” Tenth Amendment Center executive director Michael Boldin said.

SJR2 now moves to the Senate Judiciary committee, where it will need to pass by a majority vote before the full Senate can consider it.


If you live in New Mexico, take all the steps to support this legislation at THIS LINK

All Other States, take action to help nullify the unconstitutional federal war on drugs in your state at this link.

Mike Maharrey

The 10th Amendment

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