Inside Track
States Use Nullification to End War on Marijuana
On November 8, voters in at least four states decided to nullify unconstitutional federal statutes and United Nations drug-control treaties by officially ending marijuana prohibition, a major victory for the U.S. Constitution and the 10th Amendment. Three states — California, Massachusetts, and Nevada — completely legalized marijuana, even for recreational use by adults. Maine’s initiative to do the same passed by a razor-thin margin, prompting opponents to call for a recount, but at press time it appeared the measure would be successful. In Arizona, voters narrowly decided to keep pot prohibition in place.
In Florida, voters overwhelmingly amended the state Constitution to end prohibition of medical marijuana for patients suffering from certain ailments. Recreational pot possession remains illegal. Joining Florida were Arkansas and North Dakota, two reliably conservative states, where voters also decided to nullify federal and UN schemes by ending the criminalization of the controversial plant when used under doctors’ orders. Montana voters decided to further liberalize that state’s medical marijuana laws.
Under the U.S. Constitution, the federal government was delegated a few defined powers by the states. Prohibiting substances was not among those powers, hence the need for a constitutional amendment to ban alcohol. Ratifying UN treaties, whether on drugs or anything else, does not grant new powers to the federal government, as even the Supreme Court has made clear. As such, states have an obligation to interpose on behalf of their citizens by rejecting unconstitutional power grabs. In the past, numerous states have relied on similar strategies, including Wisconsin, which refused to return runaway slaves under the Fugitive Slave Act.
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