Tenth Amendment Center: Minnesota Bill Would Legalize Marijuana; Foundation to Nullify Federal Prohibition
ST. PAUL, Minn. (May 23, 2018) – A bill filed in the Minnesota House would legalize marijuana, setting the foundation to nullify federal cannabis prohibition in effect in the state.
Rep. Mike Freiberg (DFL-Golden Valley) introduced House Bill 4541 (HF4541) with 11 co-sponsors on May 20. The legislation would allow adults aged 21 or older to possess, use, purchase or transport up to one ounce of marijuana. Disobeying the rules and regulations for possession and distribution of marijuana would still be considered a criminal offense under the law.
Local communities would be permitted to levy special regulations on retail marijuana stores, cultivation facilities and manufacturing centers as long as they don’t restrict them from operating. The health commissioner would be tasked to write regulations for processors, retailers and transporters under guidelines listed in the bill.
Despite the federal prohibition on marijuana, measures such as HF4541 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 feds maintain complete prohibition of cannabis. 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 marijuana in Minnesota would remove another 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 mostly ending state prohibition, Minnesota essentially sweeps 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
Medical marijuana is currently legal in Minnesota. Passage of HF4541 would further ignore federal prohibition and nullify it in practice in the state. 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 January, Vermont became the first state to legalize marijuana through a legislative act.
With 30 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.
NEXT UP
HF4541 was referred to the House Health and Human Services Reform Committee where it will need to pass by a majority vote before moving forward in the legislative process.
Shane Trejo
May 23, 2018 at 10:25AM
