Tenther Tuesday Episode 34: States Doing What Congress Won’t

Today is day 474 that the GOP has failed to repeal Obamacare. But while Congress is digging America deeper into debt and expanding government power, some states are doing what Congress won’t – fighting to keep the federal government within its constitutional bounds. In this episode, Michael Boldin and  Mike Maharrey talk about bills moving…

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Veto Override: Maine Enacts Bill to Implement Legal Marijuana Sales and Cultivation, Further Nullify Federal Prohibition in Effect

AUGUSTA, Maine (May 8, 2018) – Last week, the Maine House and Senate voted to override Gov. Paul LePage’s veto of a bill to implement and regulate the state’s adult-use marijuana market. The new law will effectuate a ballot initiative legalizing marijuana and further nullify federal cannabis prohibition in effect. Rep. Teresa Pierce (D-Falmouth) and Sen. Roger Katz…

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Now in Effect: Utah Law Expands Raw Milk Sales, An Important Step to Nullify Federal Prohibition Scheme

SALT LAKE CITY, Utah (May 8, 2018) – Today, a law that expands raw milk sales in the state goes into effect. The new law takes an important step toward rejecting a federal prohibition scheme in effect. Sen. David Hinkins (R-27) and Rep. Marc Roberts (R-67) introduced Senate Bill 108 (SB108) January 23. The new law expands…

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Now in Effect: Utah Laws Legalize Medical Marijuana for Some Terminally-Ill Patients

SALT LAKE CITY, Utah (May 8, 2018) – Today, two laws to allow terminally ill patients to legally use medical marijuana under the state’s Right to Try law went into effect. These new laws take a first step toward nullifying federal cannabis prohibition in effect in the Beehive State. Rep. Brad Daw (R-Orem) and Sen.…

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A Response to Jed Shugerman on the Unitary Executive

In a post at Slate, Professor Jed Shugerman (Fordham) challenged the historical foundations of Justice Scalia’s dissent in Morrison v. Olson: It’s worth, however, delving deeper into Scalia’s historical misunderstandings of “complete” executive control over prosecution. Scalia’s dissent in Morrison is simply inconsistent with its originalist commitments and not worth resuscitating for that fact alone. In this post,…

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To the Governor: Colorado Passes Bill to Expand Current Asset Forfeiture Reforms

DENVER, Colo. (May 7, 2018) – Last Friday, the Colorado Senate passed a bill that would expand asset forfeiture reporting requirements instituted last year.  Rep. Leslie Herod (D-Denver) introduced House Bill 1020 (HB1020) on Jan. 10. The legislation would expand asset forfeiture reporting requirements be redefining the agencies required to submit reports. Last year, Gov. John…

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Virtually All State Hemp Programs Federally Non-Compliant After Recent Court Ruling

The Ninth Circuit Court of Appeals has allowed a DEA rule declaring CBD oil a Schedule I drug to stand. This means the cannabinoid remains illegal under federal law and any state hemp program allowing the manufacture or sale of cannabidiol is non-compliant with federal law. This includes virtually all state hemp programs. CBD oil has…

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Louisiana Committees Pass Bills to Expand Medical Marijuana Program Despite Federal Prohibition

BATON ROUGE, La. (May 4, 2018) – On Wednesday, three bills that would relax restrictions on medical marijuana for qualifying patients in the state were approved in their Senate committees. Passage of these bills would further nullify federal drug laws in the Pelican State. Rep. Rodney Lyons (D-Harvey) introduced House Bill 627 (HB627) with 27…

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