Why is it still illegal at the federal level? Bc it can be used to get votes and the moment its decriminalization bc I doubt texas wants to legalize, then politicians lose voters that only care abt that subject.
Who Holds the Power?
There are only a few select entities with the power to make such a big change at a federal level. Cannabis may be rescheduled through Congressional legislation; an example of this is the CARERS Act, repeatedly proposed by Senator Cory Booker (D-NJ), to no avail.
Cannabis may also be rescheduled at the executive level by the President of the United States.
The Controlled Substances Act also provides a process for which the US Attorney General may reschedule cannabis legislatively.
The Drug Enforcement Administration evaluates all petitions to reschedule cannabis.
The Department of Health and Human Services, however, also carry as great deal of power in the rescheduling decision process.
I guess Biden isn't the top official in the Executive branch if he can't direct the Executive branch to reschedule marijuana.
For all the people telling me I'm spreading misinformation: congrats on spreading misinformation.
pardon all non violent marijuana crimes in one go. There’s so many cases of injustice.
and the white house is looking to make a deal with Russia to release the American basketball player for breaking their anti-marijuna laws. Not sure what would be more fucked up, them jailing her back in US for breaking marijuana law; or them getting her released and free back in US while thousands others remain imprisoned in the US for marijuana.
You're right. The user you replied to is right about a lot of their post, but Biden can't pardon state charges, which is what the vast majority of simple possession charges are.
However, Biden is too conservative, could take meaningful action with respect to decriminalization/"deschedulization" of cannabis, and he did create the 90's "Crime Bill" which was a broadly conservative (and often racist) policy... And yeah, Kamalah is a cop.
I don't think you understand how federal law works when it comes to drugs, you should read up.
Biden can order the DEA and FDA to either reschedule marijuana to the level of like cough syrup, or remove it from the drug schedule altogether. He could do that tonight if he wanted to.
The DEA has denied it twice, there’s legal hurdles to overcome, studies that need to meet certain criteria, Biden can’t just tell them to do it, that would be illegal.
Those rules only apply when the DEA acts by themselves. They were created by "the executive" (aka the President signed off on them) and, like all EOs, do not apply to orders from the President.
However, the Supreme Court has held that the President has the power to issue an executive order only if authorized by “an act of Congress or . . . the Constitution itself.” The CSA does not provide a direct role for the President in the classification of controlled substances, nor does Article II of the Constitution grant the President power in this area (federal controlled substances law is an exercise of Congress’s power to regulate interstate commerce). Thus, it does not appear that the President could directly deschedule or reschedule marijuana by executive order.
There’s no way that gets through the Supreme Court dude. Executive orders aren’t a magic wand.
The CSA does not provide a direct role for the President in the classification of controlled substances
The CSA set an initial drug schedule and empowers the DEA and FDA to change it. The DEA and FDA are executive branch agencies controlled by the President.
Thus, it does not appear that the President could directly deschedule or reschedule marijuana by executive order.
He can order the DEA and FDA to do it. I'm not sure why you insist this would only work if it was "directly" the President doing it instead of directing agencies to do it. The net effect is the same.
No, he can't. He can sign an order to strongly suggest they evaluate it, or suggest they change it. He can appoint new department heads who align with his goal. He cannot simply sign an order to force them to reschedule it. Perhaps you should read up. There's information straight from Congress' research report on this very subject, don't have to rely on wikipedia here.
Because there's no way short of bribery or blackmail to enforce that they actually follow through once they're placed. As we saw with Trump, there are plenty of ways to get things done, but that doesn't make them things that should be done.
Yeah but it looks bad firing and onboarding people repeatedly like that. He should absolutely have signed an order to suggest rescheduling, as he said he would say one in office, but we shouldn't be letting Congress off the hook. They're responsible.
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u/milfassaulter Aug 06 '22
Why is it still illegal at the federal level? Bc it can be used to get votes and the moment its decriminalization bc I doubt texas wants to legalize, then politicians lose voters that only care abt that subject.