This legislative package is a state-level response to unconstitutional prohibition against cannabis (marijuana) by the federal government. Activists, we encourage you to send this to your state senators and representatives – and ask them to introduce this legislation in your state.
Scroll down to see local legislation that can be used in your county, city or town.
AN ACT, which shall be known and may be cited as the “Cannabis Freedom Act.”
THE PEOPLE OF THE STATE OF (STATE) DO ENACT AS FOLLOWS:
SECTION 1. FINDINGS
A. The legislature of the State of ____________ finds:
(1) that it is the intent of the Legislature in enacting this act to protect (STATE) employees, including law enforcement officers, from being directed, through federal executive orders, agency orders, statutes, laws, rules, or regulations to violate their oath of office and individual rights affirmed under the Constitution for the United States and the Constitution of the State of (STATE); and
(2) that pursuant to and in furtherance of the principles of federalism enshrined in the Constitution of the United States, the federal government may not commandeer this State’s officers, agents, or employees to participate in the enforcement or facilitation of any federal program not expressly required by the Constitution of the United States; and
(3) that this right to be free from the commandeering hand of the federal government has been most notably recognized by the United States Supreme Court in Printz v. United States when the Court held: ‘The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program; and
(4) that the anticommandeering principles recognized by the U.S. Supreme Court in Printz v. United States are predicated upon the advice of James Madison, who in Federalist #46 advised “a refusal to cooperate with officers of the Union” in response to either unconstitutional federal measures or constitutional but unpopular federal measures.
SECTION 2. PROHIBITIONS
A. Notwithstanding any law, regulation, rule or order to the contrary, no agency of this state, political subdivision of this state, or employee of an agency or political subdivision acting in his or her official capacity, or corporation providing services on behalf of this state or a political subdivision of this state shall:
(1) Knowingly and willingly participate in any way in the enforcement of any federal act, law, order, rule, or regulation of the federal government of the United States regarding the prohibition of cannabis.
(2) Utilize any assets, state funds, or funds allocated by the state to local entities on or
after the effective date of this act, in whole or in part, to engage in any activity that aids a federal agency, federal agent, or corporation providing services to the federal government in the enforcement or any investigation pursuant to the enforcement of any federal act, law, order, rule, or regulation regarding the prohibition of cannabis.
SECTION 3. PENALTIES
A. Any agent or employee of this state, or of any political subdivision of this state who knowingly violates the prohibitions in Section 2 of this act shall, on a first violation, be liable for a civil penalty not to exceed three thousand dollars ($3,000) which shall be paid into the general fund of the state, and on a second or subsequent violation shall be guilty of a misdemeanor.
B. A political subdivision of this state may not receive state grant funds if the political subdivision adopts a rule, order, ordinance, or policy under which the political subdivision violates Section 2 of this Act. State grant funds for the political subdivision shall be denied for the fiscal year following the year in which a final judicial determination in an action brought under this section is made that the political subdivision has intentionally required actions which violate the prohibitions in Section 2 of this Act.
SECTION 4. SEVERABILITY
The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.
SECTION 5. EFFECTIVE DATE
This act takes effect upon approval by the Governor.
LOCAL CANNABIS FREEDOM ORDINANCE
NOTE: This model legislation is for introduction at the county, city and town level. If introducing at the city or town level, be sure to replace any references to the County or County Board of Commissioners with the appropriate locality and governing body. For example, “City” or “City Council”
AN Ordinance, which shall be known and may be cited as the “Cannabis Freedom Ordinance.” To prevent federal infringement on the right freedom in agriculture, property, and medicine.
THE BOARD OF COMMISSIONERS OF _______ COUNTY DO ENACT AS FOLLOWS:
SECTION 1: The _______ County Board of Commissioners finds that:
A. As understood at the time of the founding, the regulation of commerce was meant to empower congress to regulate the buying and selling of products made by others (and sometimes land), associated finance and financial instruments, and navigation and other carriage, across state jurisdictional lines. This interstate regulation of “commerce” did not include agriculture, manufacturing, mining, malum in se crime, or land use. Nor did it include activities that merely “substantially affected” commerce.
B. All federal acts, laws, orders, rules or regulations resulting in a prohibition of cannabis are a violation of the Constitution.
SECTION 2 PROHIBITION ON PARTICIPATION IN FEDERAL PROHIBITION OF CANNABIS.
A. The _______ County Board of Commissioners declares declares that all federal acts, laws, orders, rules, regulations – past, present or future – which result in a prohibition of cannabis farming, production, possession and sale are not authorized by the Constitution of the United States and violate its true meaning and intent as given by the Founders and Ratifiers; and are hereby declared to be invalid in this county, shall not be recognized by this county, are specifically rejected by this county, and shall be considered null and void and of no effect in this county.
B. No agent, employee, or official of the (COUNTY CITY TOWN), or any corporation providing services to the (COUNTY CITY TOWN) shall provide material support or participate in any way with the implementation of federal acts, orders, rules, laws or regulations pursuant to the prohibition of cannabis within the boundaries of this County.
SECTION 3. REQUESTED INVOLVEMENT OF NEIGHBORING COMMUNITIES
The (COUNTY CITY TOWN) of (NAME) calls upon others local jurisdictions within the State of (STATE) to join us in this action by passing a similar ordinance.
SECTION 4: URGING ACTION BY THE STATE GOVERNMENT
The (COUNTY CITY TOWN) of (NAME) requests that copies of this ordinance be immediately transmitted to each individual legislator that represents our district in the State government urging each to introduce similar legislation on a state-level during the next legislative session.
SECTION 5 EFFECTIVE DATE
A. This ordinance takes effect upon approval by the _______ County Board of Commissioners.