(April 12, 2019) – Two governors have signed bills into law that will make it easier for people with marijuana charges on their records to have them expunged. These laws take another small step toward nullifying federal cannabis prohibition.

Utah Rep. Eric Hutchins (R-Kearns) sponsored House Bill 431 (HB431). Titled the Clean Slate Act, the legislation creates a process for automatic expungement for a number of convictions, including misdemeanor convictions for possession of a controlled substance. Individuals who have completed their sentence and incurred no subsequent convictions for a period of five years will be eligible for expungement.

The House passed HB431 by a 72-0 vote. The Senate approved the measure 27-0. With Gov. Gary Herbert’s signature, the law will go into effect May 1, 2020.

In New Mexico, a coalition of three Democrats sponsored House Bill 370 (HB370). Under the new law, persons convicted of a misdemeanor can petition to have their records expunged two years after completing their sentence. Individuals with felony convictions will have to wait six years prior to petitioning the court.

The House passed HB370 by a 52-17 vote. The Senate approved the measure 28-13. With Gov. Michelle Lujan Grisham’s signature, the law will go into effect Jan. 1, 2020.

New Mexico and Utah have both legalized medical marijuana. New Mexico recently decriminalized possession of small amounts of cannabis and expanded its medical marijuana laws. These new expungement laws will allow those who were convicted of actions that were once illegal but now legal clear their records.

These new laws will not only help some people with prior marijuana arrests and convictions on their record get a new start, but it will also further undermine federal marijuana prohibition. As marijuana becomes more accepted and more states simply ignore the feds, the federal government is less able to enforce its unconstitutional laws.

EFFECT ON FEDERAL PROHIBITION

Under the federal 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 cannabis 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.

New Mexico’s and Utah’s medical marijuana programs remove one layer of laws prohibiting the possession and use of marijuana, but federal prohibition remains in place.

FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. When states stop enforcing marijuana laws, they sweep away most of the basis for 99 percent of marijuana arrests.

Furthermore, figures indicate it would take 40 percent of the DEA’s yearly-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. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.

These new laws further undermine prohibition make it that much more difficult for the federal government to enforce it in Utah and New Mexico.

A GROWING MOVEMENT

New Mexico and Utah join 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, Vermont became the first state to legalize marijuana through a legislative act. and Michigan passed a ballot measure legalizing cannabis for general use.

With 33 states 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.

Mike Maharrey