We could see the beginning of a similar rebellion against marijuana prohibition this year as voters in three states -- Washington, Colorado and Oregon -- decide whether to legalize the drug's production and sale for recreational use. If any of these ballot initiatives pass, it might be the...
I would argue that, under the 9th and 10th Amendments, growing and using Indian Hemp (renamed "marijuana" to give it a scary, foreign sound) is ALREADY legal. But don't wait for politicians to declare it so. The best path to acknowledging the legality of Indian Hemp is for juries to start NULLIFYING the law. That is, if you sit on a jury trying to decide if some poor kid is going to go to jail for growing plants, you have the absolute power and right to RULE ON THE LAW, as well as rule on the facts. In other words, it is perfectly legitimate for a jury to vote that, yes, the kid did in fact grow these forbidden plants, but we the jury ALSO rule that "the law is a donkey," and refuse to convict.
By the time the 21st Amendment ended national alcohol prohibition in December 1933, more than a dozen states had already opted out. Maryland never passed its own version of the Volstead Act, while New York repealed its alcohol prohibition law in 1923. Eleven other states eliminated their statutes by referendum in November 1932.
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