Last week a New Jersey Senate committee approved a measure that would expand the state’s medical marijuana law, further nullifying federal prohibition in practice.
Sen. Nicholas Scutari (D) and Sen. Joseph Vitale (D) introduced Senate Bill 2345 (S2345) on June 9. The legislation would add post-traumatic stress disorder (PTSD) to the list of debilitating medical conditions that qualify a patient to receive medical marijuana under the New Jersey Compassionate Use Medical Marijuana Act.
Last Thursday, the Senate Senate Health, Human Services and Senior Citizens Committee passed S2345 by a 6-3 vote. It will now move to the full Senate for further consideration.
New Jersey legalized marijuana for medical use in 2010. The program developed slowly. but started to pick up speed after the state’s second dispensary opened in the fall of 2013. Allowing patients suffering from PTSD to access medical marijuana would further accelerate the medicinal cannabis program in New Jersey.
EFFECT ON FEDERAL PROHIBITION
New Jersey’s medical marijuana program removes one layer of laws prohibiting the possession and use of marijuana, but federal prohibition remains 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 New Jersey law does not alter federal law, it takes 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 easing state prohibition, New Jersey essentially sweeps away part of 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.
New Jersey is among 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.
This proposal to expand the state’s medical marijuana law also demonstrates another important reality. Once a state puts laws in place legalizing marijuana, it tends to eventually expand. Once the state tears down some barriers, markets develop and demand expands. That creates pressure to further relax state law. S2345 represents another step forward for patients seeking alternative treatments and a further erosion of unconstitutional federal marijuana prohibition.
Michael Maharrey [send him email] is the Communications Director for the Tenth Amendment Center, where this article first appeared.