The following is model legislation approved by the Tenth Amendment Center. Activists, we encourage you to send this to your state senators and representatives – and ask them to introduce this legislation in your state.
To authorize the production of industrial hemp; to amend (SUBSECTION AND CODE) of the (STATE) Code, relating to the definition of noxious weed seeds; and to nullify certain acts of the Federal Government of the United States purporting to be laws and regulations resulting in the prohibition of industrial hemp farming in the state of (STATE).
THE PEOPLE OF THE STATE OF (STATE) DO ENACT AS FOLLOWS:
SECTION 1. Name
This Act shall be known and may be cited as the â€œHemp Freedom Act.â€
SECTION 2. Findings
A new section of law to be codified in the [STATE] Statutes as Section [NUMBER] of Title [NUMBER], unless there is created a duplication in numbering, reads as follows:
Section (#) (A) The General Assembly finds that :
(1) The Tenth Amendment to the Constitution of the United States codifies in law that the only powers which the Federal Government may exercise are those that have been delegated to it in the Constitution of the United States;
(2) The Ninth Amendment to the Constitution of the United States guarantees to the people rights not enumerated in the Constitution and reserves to the people of (STATE) those rights;
(3) The power to regulate interstate commerce was delegated to the federal government in Article I, Section 8, Clause 3 of the Constitution. 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 â€œcommerceâ€ did not include agriculture, manufacturing, mining, malum in se crime, or land use. Nor did it include activities that merely â€œsubstantially affectedâ€ commerce;
(4) The advocates of the Constitution, at the time of its ratification, assured the People of the Several States that the regulation of agriculture would be reserved to the States. This included Alexander Hamilton, who wrote in Federalist #17: â€œthe supervision of agriculture and of other concerns of a similar nature, all those things, in short, which are proper to be provided for by local legislation can never be desirable cases of a general jurisdiction.â€ This was reinforced by many others, including Justice Sargeant of Massachusetts, who let it be known that only the states would have the power to regulate â€œcommon fieldsâ€ and â€œfisheriesâ€;
(5) The Constitutional Convention of 1787 considered a proposal to create, in the Constitution, a Secretary of Domestic Affairs, who was to have authority to regulate agriculture. That proposal was rejected;
(6) The assumption of power that the Federal Government through its Drug Enforcement Administration has made by prohibiting industrial hemp farming exceeds its Constitutional authority and interferes with the right of the People of the State of _____________ to regulate agriculture as they see fit, and makes a mockery of James Madisonâ€™s assurance in Federalist #45 that the â€œpowers delegatedâ€ to the Federal Government are â€œfew and definedâ€, while those of the States are â€œnumerous and indefinite.â€
(7) Federal agents have flouted the United States Constitution and foresworn their oath to support this Constitution by prohibiting industrial farming of hemp by the People of the State of (STATE), and these actions violate the limits of authority placed upon the federal agents by the United States Constitution and are dangerous to the liberties of the people;
SECTION 3. Authorization to Plant, Grow, Harvest, Possess, Process, Sell, and Buy
A. Industrial hemp (cannabis sativa l.), having no more than three-tenths of one percent tetrahydrocannabinol, is recognized as an oilseed. Upon meeting this requirement, any person in this state may plant, grow, harvest, possess, process, sell, and buy industrial hemp (cannabis sativa l.) having no more than three-tenths of one percent tetrahydrocannabinol.
SECTION 4. Nullification of Federal Prohibitions
A. The Legislature of the State of _______________ declares that the federal prohibitions on industrial hemp farming are not authorized by the Constitution of the United States and violates 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. It shall be the duty of the legislature of this State to adopt and enact any and all measures as may be necessary to prevent the enforcement of federal prohibitions on industrial hemp farming within the limits of this State.
C. Any official, agent, or employee of the United States government or any employee of a corporation providing services to the United States government that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a felony and upon conviction must be punished by a fine not exceeding two thousand dollars ($2,000.00), or a term of imprisonment not exceeding two (2) years, or both.
D. Any public officer or employee of the State of ____________ that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six (6) months or by a fine not exceeding Five Hundred Dollars ($500.00) or both such fine and imprisonment.
This act takes effect upon approval by the Governor.