ST. PAUL, Minn. (Feb. 7, 2019) – A bill introduced in the Minnesota House would legalize marijuana for adult use and take another step toward nullifying federal cannabis prohibition in practice and effect.
A coalition of 20 Democrat representatives introduced House Bill 420 (HF420) on Jan. 28. The proposed law would allow any person 21 years of age or older to cultivate, possess, purchase, transport, transfer, use, and consume cannabis and cannabis products. Provisions in HB420 would create a regulatory and taxation scheme for the commercial production and sale of marijuana. HF420 would also create a process to expunge some past marijuana charges for acts committed prior to legalization.
Despite the growing movement to legalize marijuana across the U.S., the feds maintain it is completely illegal.
LEGALITY
Under the Controlled Substances Act (CSA) passed in 1970, the federal government maintains complete prohibition of marijuana. Of course, the federal government lacks any constitutional authority to ban or regulate marijuana within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.
Minnesota legalized medical marijuana in 2014. Passage of HF420 would remove another layer of laws prohibiting the possession and use of marijuana, but federal prohibition would remain in place.
FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. By curtailing state prohibition,Minnesota could sweep part of the basis for 99 percent of marijuana arrests.
Furthermore, figures indicate it would take 40 percent of the DEA’s yearly annual budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution either. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.
A GROWING MOVEMENT
Minnesota joins a growing number of states simply ignoring federal prohibition, and nullifying it in practice.
Colorado, Washington state, Oregon and Alaska were the first states to legalize recreational cannabis, and California, Nevada, Maine and Massachusetts joined them after ballot initiatives in favor of legalization passed in November 2016. In 2018, Michigan voters approved recreational marijuana and Vermont became the first state to fully legalize marijuana through a legislative act.
With 33 states including allowing cannabis for medical use, the feds find themselves in a position where they simply can’t enforce prohibition anymore.
“The lesson here is pretty straightforward. When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations or mandates down our throats,” Tenth Amendment Center founder and executive director Michael Boldin said.
WHAT’S NEXT
HF420 was referred to the House Health and Human Services Policy Committee where it must pass by a majority vote before moving forward in the legislative process.
