LINCOLN, Neb. (Jan. 30, 2023) – A bill filed in the Nebraska Senate would legalize marijuana for adult use despite ongoing federal cannabis prohibition. A second bill would legalize medical marijuana.
Sen. Terrell McKinney (N) filed Legislature Bill 634 (LB634) on Jan. 18. Under the proposed law, adults over 21 could possess, process, transport, purchase, obtain, or give away up to 1 ounce of marijuana. An individual could also cultivate up to six marijuana plants. The proposed law would also establish a regulatory and tax structure for commercial marijuana cultivation and sales.
LB634 includes provisions creating a process to expunge criminal records related to past marijuana crimes.
A second bill introduced by Sen. Anna Wishart (N) would legalize medical marijuana. Legislature Bill 588 (LB588) would create a program to license and regulate the possession, cultivation and distribution of marijuana for medical use. The proposed law would create a system of medical cannabis dispensaries where people could purchase up to 2.5 ounces of marijuana if they have one of 16 eligible conditions, including cancer, epilepsy, HIV/AIDS and chronic pain.
EFFECT ON FEDERAL PROHIBITION
Under the federal Controlled Substances Act (CSA) passed in 1970, the federal government maintains a 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 marijuana for medical or adult use in Nebraska would wipe away a layer of laws supporting cannabis prohibition in the state. 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. In 2021, New York, New Mexico, Virginia and Connecticut legalized marijuana through legislative action, and Rhode Island legalized cannabis for adult use in 2022. With Missouri and Maryland legalizing marijuana in November, there are now 37 states allowing cannabis for medical use, and 21 legalizing for adult recreational use.
The lesson here is pretty straightforward. As Tenth Amendment Center Executive Director Michael Boldin noted, “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.”
WHAT’S NEXT
At the time of this report, LB634 and LB588 had not been referred to a committee. Once they receive committee assignments, they must get a hearing and pass by a majority vote before moving forward in the legislative process.
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