Robert Celt
New Member
A bill introduced in the Virginia legislature would decriminalize marijuana for adults, changing criminal penalties into civil infractions. The proposal would not only decriminalize marijuana in the Old Dominion, it would also take a big step toward nullifying federal cannabis prohibition in practice in Virginia.
Sen. Adam Ebbin (D-Alexandria) pre-filed Senate Bill 104 (SB104) for introduction during the 2016 legislative session. The bill would change the Virginia state criminal code to read as follows:
The best thing about measures such as SB104 is that they are completely Constitutional, and there is little if anything the feds can do to stop them in practice.
EFFECT ON FEDERAL PROHIBITION
Passage of SB104 would remove one layer of laws prohibiting the possession and use of marijuana, but federal prohibition would remain in place.
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.
While the Virginia 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 Virginia 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 SB104, Virginia 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.
SB104 will be formally introduced during the 2016 legislative session. It must pass the Senate Committee for Courts of Justice before it can receive a full vote in the Senate.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Virginia Bill Would Decriminalize Marijuana, Help Nullify Federal Prohibition
Author: Shane Trejo
Contact: Tenth Amendment Center
Photo Credit: NBC Washington
Website: Tenth Amendment Center
Sen. Adam Ebbin (D-Alexandria) pre-filed Senate Bill 104 (SB104) for introduction during the 2016 legislative session. The bill would change the Virginia state criminal code to read as follows:
The best thing about measures such as SB104 is that they are completely Constitutional, and there is little if anything the feds can do to stop them in practice.
EFFECT ON FEDERAL PROHIBITION
Passage of SB104 would remove one layer of laws prohibiting the possession and use of marijuana, but federal prohibition would remain in place.
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.
While the Virginia 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 Virginia 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 SB104, Virginia 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.
SB104 will be formally introduced during the 2016 legislative session. It must pass the Senate Committee for Courts of Justice before it can receive a full vote in the Senate.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Virginia Bill Would Decriminalize Marijuana, Help Nullify Federal Prohibition
Author: Shane Trejo
Contact: Tenth Amendment Center
Photo Credit: NBC Washington
Website: Tenth Amendment Center
