Vice President Kamala Harris says it’s time to legalize marijuana—marking the first time she has publicly discussed her position on cannabis since becoming the Democratic presidential nominee. “I just feel strongly, people should not be going to jail for smoking weed,” she said in an interview with the All the Smoke podcast that was released […]
The President can only legalize cannabis through an Executive Order, which is a temporary measure. They can reschedule or deschedule it through the CSA, HHS, and DEA, but Congress would need to pass legislation to decriminalize it and expunge related records.
Correct me if I’m wrong, but if they reschedule it it is no longer federal illegal. States that want to ban it would still have their laws but removing it from banned substance lists would also remove the federal road blocks to legal use; banking rules, insurance, etc. It should be decheduled entirely and then legislators, state and federal, could decide legality.
Rescheduling would protect access to cannabis with a prescription, but it would not mandate national decriminalization. Recreational use would still be determined by the state, with potential for federal charges, and people currently incarcerated for use or distribution of cannabis would remain in prison.
Well, to be more specific it would be the Controlled Substance Act. But, the intention of my comment was to highlight that any substance scheduled couldn’t really be considered “recreational” to the federal government.
Yeah that’s my point. He didn’t put out the order for 18 months and then it has been another 24 months since then? I don’t understand how it could possibly take so long.
The President can only legalize cannabis through an Executive Order, which is a temporary measure. They can reschedule or deschedule it through the CSA, HHS, and DEA, but Congress would need to pass legislation to decriminalize it and expunge related records.
https://crsreports.congress.gov/product/pdf/LSB/LSB10655
https://www.congress.gov/bill/117th-congress/house-bill/3617
Correct me if I’m wrong, but if they reschedule it it is no longer federal illegal. States that want to ban it would still have their laws but removing it from banned substance lists would also remove the federal road blocks to legal use; banking rules, insurance, etc. It should be decheduled entirely and then legislators, state and federal, could decide legality.
Rescheduling would protect access to cannabis with a prescription, but it would not mandate national decriminalization. Recreational use would still be determined by the state, with potential for federal charges, and people currently incarcerated for use or distribution of cannabis would remain in prison.
Wouldn’t it realistically have to be descheduled to be recreational under the DEA though?
The DEA doesn’t determine criminalization, only enforcement. That legislation is written by Congress.
The DEA approves the rescheduling or descheduling, but not decriminalization.
Well, to be more specific it would be the Controlled Substance Act. But, the intention of my comment was to highlight that any substance scheduled couldn’t really be considered “recreational” to the federal government.
That’s true. Decriminalizing without descheduling wouldn’t help.
And apparently it takes four full years to reschedule it…
This process was already started by Biden, back in Oct 2022.
https://apnews.com/article/marijuana-biden-dea-criminal-justice-pot-f833a8dae6ceb31a8658a5d65832a3b8
Yeah that’s my point. He didn’t put out the order for 18 months and then it has been another 24 months since then? I don’t understand how it could possibly take so long.
At least four. Could be eight.