MONTGOMERY, Ala. (May 19, 2021) – On Monday, Alabama Gov. Kay Ivey signed a bill into law creating a limited medical marijuana program in the state, despite ongoing federal cannabis prohibition on the same.
Sen. Tim Melson (R-Florence) introduced Senate Bill 46 (SB46) on Feb. 2. The new law establishes a limited medical marijuana program for patients 19 and older with qualifying conditions, and creates a licensing program for medical marijuana patients and caregivers.
SB46 also creates a Medical Cannabis Commission to administer the program. This body will establish and run the registry program, and create a licensing framework for the cultivation, processing, transportation, manufacturing, packaging, dispensing and sale of cannabis. The commission will also be empowered to adopt rules, and to generally regulate, administer and enforce a medical cannabis program in the state.
“On the state level, we have had a study group that has looked closely at this issue, and I am interested in the potential good medical cannabis can have for those with chronic illnesses or what it can do to improve the quality of life of those in their final days,” Ivey said in a statement.
Under the law, patients with qualifying conditions can purchase and possess up to “70 daily dosages” of medical marijuana at a time at a maximum dose of 50 milligrams. Vaping, smoking and some edibles will still be barred, but lozenges, oils and capsules will be allowed. Despite the limitations, history has shown that once a state establishes a medical marijuana program, it tends to expand and become more liberal over time.
On May 6, the House passed SB46 with some amendments by a 68-34 vote. The Senate quickly concurred with the House amendments and gave final passage to the bill by a 20-9 vote. Ivey signed the bill on May 17.
The new law establishes timetables for training physicians and licensing. According to the Montgomery Advertiser, patients will probably not be able to get medical cannabis before the fall of 2022, but the process of enacting the law will begin immediately. Appointments to the Alabama Medical Cannabis Commission must be made before July 1, 2021. Procedures for training physicians must be established by Dec. 1, 2021. Licenses for production and distribution will be available starting Sept. 1, 2022.
FEDERAL PROHIBITION
While marijuana has become more widely accepted across the U.S., the federal government still claims it is illegal. As we’ve seen with immigration sanctuary cities, when state and local enforcement ends, the federal government has an extremely difficult time enforcing their acts.
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.
Legalizing marijuana in Alabama would remove a layer of laws prohibiting and punishing the possession and use of marijuana. This is significant because 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 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
Alabama could 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. Michigan followed suit when voters legalized cannabis for general use in 2018. Vermont became the first state to legalize marijuana through a legislative act in 2018. Illinois followed suit in 2019. New Jersey, Montana and Arizona all legalized recreational marijuana through ballot measures in the 2020 election. Earlier this year, New York, New Mexico and Virginia legalized marijuana through legislative action.
With 36 states allowing cannabis for medical use, and 17 legalizing for adult recreational 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.
