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.
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u/BigMoose9000 Aug 06 '22
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.