Tenth Amendment Center: Missouri Bill Would Legalize Medical Marijuana; Foundation to Nullify Federal Prohibition
JEFFERSON CITY, Mo. (Dec. 26, 2017) – A bill pre-filed in the Missouri House would legalize medical marijuana for qualifying patients in the state, setting the foundation to nullify unconstitutional federal cannabis prohibition in practice.
Pre-filed for introduction by Rep. James Neely (R-Cameron) for the 2018 session of the Missouri legislature, House Bill 1554 (HB1554) would expand existing laws on the books pertaining solely to experimental medications and hemp oil to broaden them to encompass medical marijuana.
Medical marijuana would be provided if the following conditions are followed:
The department shall issue a hemp extract or medical cannabis registration card to a parent who:
(1) Is eighteen years of age or older;
(2) Is a Missouri resident;
(3) Provides the department with a statement signed by a neurologist or physician that:
(a) Indicates that a minor in the parent’s care suffers from intractable epilepsy and may benefit from treatment with hemp extract or suffers from a terminal illness and may benefit from medical cannabis at the same dosage and with the same method of administration used in a clinical trial;
(b) Indicates that the individual has considered all other treatment options currently approved by the federal Food and Drug Administration and all relevant clinical trials conducted in this state
Dispensing organizations would be permitted to operate for the purposed of providing medical marijuana to qualifying patients. Minors would also be permitted to use medical marijuana under the strict supervision of their parents with physician or neurologist approval.
“I think the timing is good. I think we have a culture that let’s try to open our eyes and let’s see what’s out there. Anybody that’s seen people suffer, there ought to be a way to maybe makes things a little bit better,” Rep. Neely said in a Missouri Net report earlier this year.
Despite the federal prohibition on marijuana, measures such as HB1554 remain perfectly constitutional, and the feds can do little if anything to stop them in practice.
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.
Legalization of medical marijuana in Missouri would remove one layer of laws prohibiting the possession and use of marijuana, but federal prohibition will remain on the books.
FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. By curtailing state prohibition, Missouri could sweep away much 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
Missouri 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 last year.
With more than two-dozen states allowing cannabis for medical use as well, 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?
HB1554 will be officially introduced when the Missouri legislature convenes for its 2018 session on Jan. 3. At that time it will be referred to a committee where it will need to pass by a majority vote before moving forward in the legislative process.
Shane Trejo
December 26, 2017 at 03:34PM
