P.E.A.C.E (Preventing Excessive Allocations for Cannabis Enforcement) Act.
This bill would ban state assets - financial and otherwise - from being used to enforce federal acts on cannabis and leave enforcement to federal agencies. Recognizing that federal agencies lack the manpower and resources to carry out full enforcement, the PEACE Act will have a powerful impact on the ability to enforce the status quo of cannabis prohibition.
AN ACT, which shall be known and may be cited as the “Preventing Excessive Allocations for Cannabis Enforcement (P.E.A.C.E.) Act.”
THE PEOPLE OF THE STATE OF (STATE) DO ENACT AS FOLLOWS:
SECTION 1. FINDINGS
A. The legislature of the State of ____________ finds:
(1) that it is the intent of the Legislature in enacting this act to protect (STATE) employees, including law enforcement officers, from being directed, through federal executive orders, agency orders, statutes, laws, rules, or regulations to violate their oath of office and individual rights affirmed under the Constitution for the United States and the Constitution of the State of (STATE); and
(2) that pursuant to and in furtherance of the principles of federalism enshrined in the Constitution of the United States, the federal government may not commandeer this State’s officers, agents, or employees to participate in the enforcement or facilitation of any federal program not expressly required by the Constitution of the United States; and
(3) that this right to be free from the commandeering hand of the federal government has been most notably recognized by the United States Supreme Court in Printz v. United States when the Court held: ‘The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program; and
(4) that the anticommandeering principles recognized by the U.S. Supreme Court in Printz v. United States are predicated upon the advice of James Madison, who in Federalist #46 advised “a refusal to cooperate with officers of the Union” in response to either unconstitutional federal measures or constitutional but unpopular federal measures.
SECTION 2. PROHIBITIONS
A. Notwithstanding any law, regulation, rule or order to the contrary, no agency of this state, political subdivision of this state, or employee of an agency or political subdivision acting in his or her official capacity, or corporation providing services on behalf of this state or a political subdivision of this state shall:
(1) Knowingly and willingly participate in any way in the enforcement of any federal act, law, order, rule, or regulation of the federal government of the United States regarding the prohibition of cannabis.
(2) Utilize any assets, state funds, or funds allocated by the state to local entities on or
after the effective date of this act, in whole or in part, to engage in any activity that aids a federal agency, federal agent, or corporation providing services to the federal government in the enforcement or any investigation pursuant to the enforcement of any federal act, law, order, rule, or regulation regarding the prohibition of cannabis.
SECTION 3. PENALTIES
A. Any agent or employee of this state, or of any political subdivision of this state who knowingly violates the prohibitions in Section 2 of this act shall, on a first violation, be liable for a civil penalty not to exceed three thousand dollars ($3,000) which shall be paid into the general fund of the state, and on a second or subsequent violation shall be guilty of a misdemeanor.
B. A political subdivision of this state may not receive state grant funds if the political subdivision adopts a rule, order, ordinance, or policy under which the political subdivision violates Section 2 of this Act. State grant funds for the political subdivision shall be denied for the fiscal year following the year in which a final judicial determination in an action brought under this section is made that the political subdivision has intentionally required actions which violate the prohibitions in Section 2 of this Act.
SECTION 4. SEVERABILITY
The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.
SECTION 5. EFFECTIVE DATE
This act takes effect upon approval by the Governor.