NJ Votes to Expand Medical Marijuana Program; Further Nullify Federal Prohibition
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.
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