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.

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AN ACT, which shall be known and may be cited as the “Cannabis Freedom Act.”

To prevent infringement on the rights of the People of the State of (STATE)

THE PEOPLE OF THE STATE OF (STATE) DO ENACT AS FOLLOWS:

SECTION 1. FINDINGS

The legislature of the State of ____________ 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 Legislature of the State of _______________ 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 state, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.

B. 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) Enforce any federal act, law, order, rule, or regulation of the federal government of the United States regarding the prohibition of cannabis within the limits of this State.

(2) Provide material support, participation or assistance in any form, with any federal agency or employee engaged 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 within the limits of this State, or any investigation pursuant to the enforcement of any federal act, law, order, rule, or regulation of the federal government of the United States pursuant to the enforcement of cannabis prohibition within the limits of this State.

(3) Utilize any assets, state funds or funds allocated by the state to local entities on or after (DATE), 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 of any federal act, law, order, rule, or regulation of the federal government of the United States pursuant to the enforcement of cannabis prohibition within the limits of this State.

SECTION 3. PENALTIES

A. 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.

B. 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 be deemed to have resigned any commission from the State of (STATE) which he or she may possess, his or her office shall be deemed vacant, and he or she shall be forever thereafter ineligible to any office of trust, honor or emolument under the laws of this State.

C. Any corporation or person that provides services to or on behalf of this state and violates the prohibitions of Section 2 of this act shall be forever ineligible to act on behalf of, or provide services to, this state or any political subdivision of this state.

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

A. This act takes effect upon approval by the Governor.

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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.