NASHVILLE, Tenn. (Jan. 26, 2017) – A bill introduced in the Tennessee Senate would legalize medical marijuana for qualifying patients in the state, setting the foundation to nullify unconstitutional federal cannabis prohibition in practice.
Introduced by Sen. Steven Dickerson (R-Nashville), Senate Bill 1710 (SB1710) would allow individuals to possess medical marijuana if they suffer from one or more qualifying conditions. Dispensaries would be permissible under SB1710 to provide medical marijuana to qualifying patients as well. Patients would also have the option of naming a caretaker who could grow marijuana on their behalf.
“Now is the time for the General Assembly to embrace thoughtful, medically responsible legislation to help Tennessee’s sickest residents,” Sen. Dickerson said.
Rep. Jeremy Faison (R-Cosby) filed a companion bill (HB1749) in the House.
Despite the federal prohibition on marijuana, measures such as SB1710 remain perfectly constitutional, and the feds can do little if anything to stop them in practice.
Under the [Unconstitutional] 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.
Unconstitutional Powers By Repetition
Usurpations by one branch of government, of powers entrusted to a coequal branch, are not rendered constitutional by repetition.
The United States Supreme Court held unconstitutional hundreds of laws enacted by Congress over the course of five decades that included a legislative veto of executive actions in INS v. Chada, 462 U.S. 919 (1982).
Legalization of medical marijuana in Tennessee would remove one layer of laws prohibiting the possession and use of marijuana, but [unconstitutional] federal prohibition will remain on the [ir] books.
FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not [unconstitutional] federal law [rules]. By curtailing state prohibition, Tennessee could sweep away some 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 [If Allowed By The Constitutional County Sheriff In The First Place] – a single city in a single state. That doesn’t include the cost of prosecution either [If Allowed By The Constitutional County Sheriff In The First Place]. The lesson? The feds lack the resources [& Constitutional Authority] to enforce marijuana prohibition without state assistance.
A GROWING MOVEMENT
Tennessee 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 [Nullifying The Fed Overreach] passed last year.
With 29 states allowing cannabis for medical use [Nullifying The Fed Overreach], the feds find themselves in a position where they simply can’t enforce [Unconstitutional] prohibition anymore.
“The lesson here is pretty straightforward. When enough people say, ‘No!’ to the [ir Way Ward Employee aka;] federal government, and enough states pass laws backing those people up, there’s not much the feds [Way Ward Employee] can do to shove their so-called laws [Deep State Rules], regulations or mandates down our throats,” Tenth Amendment Center founder and executive director Michael Boldin said.
SB1710 will need to pass the Senate Judiciary Committee before it can be considered in the full Senate. HB1749 had not been referred to a committee at the time of this report.
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