A bill has been filed in the Nebraska State Legislature that would legalize medical marijuana in certain circumstances, effectively nullifying unconstitutional federal laws which prohibit its use under any circumstances.

Introduced by State Senator Tommy Garrett, Legislative Bill 643 (LB643) would create a medical cannabis program for individuals with a “debilitating medical condition that has been diagnosed by a physician.”

The bill rightly points out that states are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law and that this bill would not put the State of Nebraska in violation of federal law as per the Tenth Amendment.

Among the bill’s text is as follows:

A person shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a court or occupational or professional licensing board, for providing a registered qualifying patient or a registered designated caregiver with cannabis paraphernalia for purposes of a qualifying patient’s medical use of cannabis.

The bill would also protect qualifying patients from being denied a lease or a job solely due to their use of medical marijuana, though it would not require them to allow it to be consumed on their property. Nor can a patient be deprived of child custody or visitation rights because of their use of medical marijuana. It also protects practicing physicians from repercussions for recommending medical cannabis.

The bill has been referred to the Judiciary Committee.

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 Nebraska, this cannot come too soon.

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, LB643 marks an enormous step in the right direction for both medical marijuana supporters and advocates of decentralized government in the state of Nebraska. It signals that the public is ready to throw off the shackles of ‘federal supremacy’ and take lawmaking into their own hands.


In Nebraska: Follow the steps to support both bills at THIS LINK

In Other States: Take action to block and nullify the federal war on drugs, starting here.

TJ Martinell

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.