California Marijuana Nullification! Possession Decriminalized Under an Ounce!
Boris in Miami -October 1st, 2010

In another great stride for Nullification and State sovereignty from the federal government, California has decriminalized the possession of 28 gr of marijuana or less.  Governor Schwarzenegger sites budget restraints and lack of resources as his reasoning for signing this law.

Nullification is one of the greatest weapons the States have to fight Federal tyranny. Through the exercise of the 9th and 10th amendment of the Constitution, the States can retain the power guaranteed to them by our founding fathers.  defines Nullification: “When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and inoperative, or ‘non-effective,’ within the boundaries of that state; or, in other words, not a law as far as that state is concerned.”

I’m sure that many activist in Nashua, Keene, NH and in the Free State Project in general will be quite happy to hear this reasoning.  Many activists have moved to New Hampshire to “live free in our lifetime”.  Many activists in the state attend 420 rallies that aim to educate on marijuana and to educate the cities in the ‘best use’ of resources.

Tom Woods Recently wrote the book “Nullification: How to Resist Tyranny in the 21st Century.”. It has become a mainstay in the Freedom Movement and its impact is growing through the education efforts of the Tenth Amendment Center and We Refuse.

Governor’s Letter explaining his decision to sign into law:

To the Members of the California State Senate:

I am signing Senate Bill 1449.

This bill changes the crime of possession of less than an ounce of marijuana from a misdemeanor
punishable only by a $100 fine to an infraction punishable by a $100 fine. Under existing law,
jail time cannot be imposed, probation cannot be ordered, nor can the base fine exceed $100 for
someone convicted of this crime.

I am opposed to decriminalizing the possession and recreational use of marijuana and oppose
Proposition 19, which is on the November ballot. Unfortunately, Proposition 19 is a deeply
flawed measure that, if passed, will adversely impact California’s businesses without bringing in
the tax revenues to the state promised by its proponents. Notwithstanding my opposition to
Proposition 19, however, I am signing this measure because possession of less than an ounce of
marijuana is an infraction in everything but name. The only difference is that because it is a
misdemeanor, a criminal defendant is entitled to a jury trial and a defense attorney. In this time
of drastic budget cuts, prosecutors, defense attorneys, law enforcement, and the courts cannot
afford to expend limited resources prosecuting a crime that carries the same punishment as a
traffic ticket. As noted by the Judicial Council in its support of this measure, the appointment of
counsel and the availability of a jury trial should be reserved for defendants who are facing loss
of life, liberty, or property greater than $100.

For these reasons, I am signing this bill.


Arnold Schwarzenegger

Andrew Napolitano, Thomas E Woods Jr and Kevin R Gutzman discuss the deteriorating state of American federalism and how the states could use nullification to trim federal powers back toward their Constitutional design.