SANTA FE, New Mexico (Jan. 14, 2016) – A bill prefiled in the New Mexico House would legalize marijuana for recreational use, along with industrial hemp. Passage would not only legalize marijuana and hemp in the Land of Enchantment, but would also take a big step toward nullifying federal prohibition in practice in the state.

Rep. Bill McCamley (D-Dist. 33) prefiled House Bill 75 (HB75) for the 2016 legislative session. The bill titled the Cannabis Revenue and Freedom Act would legalize the possession, use, cultivation and sale of marijuana for persons over 21 years old, along with the production of industrial hemp, and create an extensive regulatory structure for the production and sale of both plants.

The bill features language specifically directing the state to ignore federal law as it administers its cannabis policy.

“The department, the taxation and revenue department, the department of health and the New Mexico department of agriculture shall not refuse to perform any duty required pursuant to the Cannabis Revenue and Freedom Act on the basis that manufacturing, distributing, dispensing, possessing or using marijuana is prohibited by federal law.”

EFFECT ON FEDERAL PROHIBITION

Passage either HB75 would remove one layer of laws prohibiting the possession, cultivation or use of marijuana, and industrial hemp production, but federal prohibition would remain in place.

Of course, the federal government lacks any constitutional authority to ban or regulate marijuana and hemp 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.

While the New Mexico bill would not alter federal law, it would take a step toward nullifying in effect the federal ban. FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. By erasing the state laws, the New Mexico legislature would essentially sweep away 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.

If the state legislature passes HB75, New Mexico would join a growing number of states simply ignoring federal prohibition. Colorado, Washington state and Alaska have all legalized both recreational and medical marijuana, and 23 states now allow cannabis for medical use. With nearly half the country legalizing marijuana, the feds find themselves in a position where they simply can’t enforce prohibition any more. The feds need state cooperation to fight the “drug war,” and that has rapidly evaporated in the last few years with state legalization, practically nullifying the ban.

“The lesson here is pretty straight forward. 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.

UP NEXT

HB75 will be officially introduced and referred to committee when the regular session gets underway later in January.

ACTION ITEMS

For New Mexico: Support this bill by following all the steps at THIS LINK.

For other states: Take action to nullify marijuana prohibition at this link.