ST. PAUL, Minn. (May 28, 2021) – On Tuesday, Minnesota Gov. Tim Walz signed a bill into law expanding the state’s medical-marijuana program despite ongoing federal cannabis prohibition.
Three Democrats introduced House Bill 2128 (HF2128) on March 11. The provisions expanding the state’s medical-marijuana program are part of a broader 565-page omnibus health and human services policy and finance bill. Under the new law, medical marijuana patients will be able to purchase and use smokable cannabis. Additionally, dispensaries will now be able to provide a curbside pickup option for patients. The new law also removes some restrictions on designated caregivers. They will now be allowed to tend to six registered patients at once. Under the old program, they could only tend to one patient.
The House and Senate passed different versions of the bill and it ultimately ended up in a conference committee. The Senate passed the final version by a 66-0 vote. The House approved it 77-57. With Gov. Waltz’s signature, the provisions relating to caregivers and dispensaries went into immediate effect. The provisions relating to smokable cannabis will go into effect on March 22, 2022, or on an earlier date determined by the commissioner of health.
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.
The legalization of medical marijuana in Minnesota in 2014 removed a layer of laws prohibiting the possession and use of marijuana, but federal prohibition remains in effect. 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 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.
A GROWING MOVEMENT
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.
The passage of HF2128 demonstrates another important strategic reality. Once a state legalizes marijuana – even if only in a very limited way – the law tends to eventually expand. As the state tears down some barriers, markets develop and demand expands. That creates pressure to further relax state law. These new laws represent a further erosion of unconstitutional federal marijuana prohibition.
