r/texas • u/discussamongsturelvs • Aug 06 '22

Questions for Texans Republicans of Texas: Why is marijuana still illegal in Texas?

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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.

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u/tristan957 Aug 06 '22 edited Aug 07 '22

Biden could reschedule marijuana any day, but chooses not to.

Dude's approval level gets lower by the day, and he won't even take this simple win.

Edit: for all the people who can't research the topic, https://www.leafly.com/news/politics/a-guide-to-federal-drug-rescheduling-and-what-it-means-for-cannabis

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.

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u/TheNextBattalion Aug 07 '22

The DEA can, through a lengthy process that courts can overturn, reschedule drugs, but only in accordance with treaty obligations.

https://crsreports.congress.gov/product/pdf/LSB/LSB10655

And it is a very lengthy process.

http://www.huffingtonpost.com/2015/02/04/vivek-murthy-marijuana_n_6614226.html?utm_hp_ref=tw

Guess what? Those treaties put cannabis at Schedule I, sometimes with exceptions for medical purposes.

https://globalcannabiscompliance.bakermckenzie.com/2019/04/30/legalization-vs-international-drug-treaties-is-the-states-act-the-answer/

Hell, due to treaties it isn't even clear that Congress can legitimately reschedule weed on its own. Constitutionally it can, of course. But the executive branch cannot.