They need to deregulate it all together. Of course Uncle Sam wants to tax the hell out of it.

A Vermont bill that would legalize small amounts of marijuana for recreational use and create a framework for retail sales passed out of committee this week. If ultimately signed into law, the legislation would take a big step toward nullifying federal cannabis prohibition in practice in Vermont.

Sen. Jeanette K. White (D-Windham) and Sen. Joe Benning (R-Caledonia) officially introduced Senate Bill 241 (S.241) on Jan. 5. The Senate Committee on Judiciary significantly amended the original bill and then passed it, issuing a favorable report.

Under the proposed law, individuals 21 and older could legally possess up to one ounce of marijuana. Possession of amounts greater than one ounce would remain a criminal offense subject to existing penalties.

The legislation would also set up a structure to license and regulate retail marijuana outlets. These stores would be allowed to legally sell up to once ounce of marijuana to any person over the age of 21.

S.241 enhances penalties for supplying marijuana to persons under 21 and also creates and funds a drug prevention program for youth. The proposed law essentially treats marijuana similar to alcohol.

If S.241 becomes law Vermont would become the first state to legalize recreational marijuana through the state legislature rather than the ballot initiative process. Gov. Peter Schumlin has already announced support for the legislation.

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 the Vermont bill would not alter federal law, it would take 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 erasing the state laws, the Vermont legislature would essentially sweep away the basis for 99 percent of marijuana arrests.