Will Mississippi Defy Feds, Legalize Medical Marijuana?

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Senator Deborah Jeanne Dawkins (D) has introduced a bill to allow medical use of marijuana by seriously ill patients under doctor’s supervision.

Senate Bill 2252 “an act to authorize the medical use of marihuana by seriously ill patients under a physician’s supervision; to define certain terms; to provide an exemption from criminal and civil penalties for the medical use of marihuana; to provide limitations on the medical use of marihuana; to provide a legal defense for patients and primary caregivers; to amend sections … of Mississippi code to transfer marihuana from schedule I to schedule II under the controlled substances law; to amend section … Mississippi code of 1972, to exempt the medical use of marihuana from criminal penalties under the controlled substances law; and for related purposes.”

The bill also states: “Although federal law expressly prohibits the use of marihuana, the laws of Alaska, California, Colorado, Hawaii, Maine, Nevada, Oregon and Washington permit the medical use and cultivation of marihuana. The Legislature intends to join in this effort for the health and welfare of the citizens of Mississippi.  However, the Legislature does not intend to make marijuana legally available for other than medical purposes.”

If passed, this bill it would put the state in conflict with federal law declaring itl illegal to use, buy and sell marijuana. As the bill authors point out, 99 out of 100 arrests for marijuana are by the states, but this bill still will not protect the states citizens from federal prosecution. The state is legally within its rights to decide this issue based on the 10th Amendment which declares; “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”  Nowhere in the U.S. Constitution is the federal government given the authority to regulate what plants we grow or consume. This remains purely a state power.

We at the Tenth Amendment Center think if the bill passes ,the state will need to take further action to pass legislation informing the federal government that it has  no authority delegated to them by the Constitution, or under the most liberal interpretation of the Commerce Clause, to regulate what products are produced, distributed and sold in a state and the they will not be allowed to subject state sanctioned legal business with arrest or prosecution.

The Tenth Amendment Center would suggest to the citizens and legislators look to our Model Legislation webpage for examples of legislation we have put together that can be used to protect themselves from the federal government and its unconstitutional laws.  Among these are:

Intrastate Commerce Act Provides that all goods manufactured or made in a state and all services performed in a state, when such goods or services are held, maintained, or retained in the state, shall not be subject to the authority of the Congress of the United States under its constitutional power to regulate commerce.

Sheriffs First Legislation A “Sheriffs First” bill would make it a state crime for any federal agent to make an arrest, search, or seizure within the state without first getting the advanced, written permission of the elected county sheriff of the county in which the event is to take place.

As proposed Senate Bill 2252 is a step in the right direction but the federal government will not want to relinquish the power it has usurped and the state will need to pass further legislation to protect its citizens.

Visit the TACs legislative tracking page HERE

ACTION ITEMS

If you live in Mississippi – act NOW. Not tomorrow or next week. Today, not tomorrow – right now.

  1. Visit the link below for contact information for your state Senator. http://www.new.ms.gov/webcontent/partnerSite.html
  2. Click on your Senator’s name and get their email address and TWO phone numbers – capitol and district offices.
  3. CALL them. Best option – respectfully, yet firmly urge them to pass this bill. Let them know that you want them to stand up for the Constitution of the United States AND the Constitution of Mississippi– they took an oath to both.
  4. EMAIL them – even if you call, you can still email too. Or just send them a firm but courteous email urging them to vote yes on this bill.
  5. Do the same for the Governor’s office – 877-405-0733 or 601-359-3150 http://www.new.ms.gov/webcontent/partnerSite.html
  6. Report Back – when you get responses, let us know! We want people to be informed of what their delegates are saying and doing.

William Kennedy [send him email] is the State Director for the North Carolina Tenth Amendment Center. A strong supporter of the Constitution, Declaration of Independence and the Bill of Rights with special emphasis on State Sovereignty protected by the Tenth Amendment.

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