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- cross-posted to:
- [email protected]
A coalition of 22 state attorneys general is calling on Congress to address “the glaring vagueness” that has led to legal cannabis products being sold over the counter across the country — including sometimes from vending machines or online.
A letter dated March 20 addresses the consequences of Republican lawmakers’ choice to legalize hemp production in the 2018 omnibus Farm Bill — a decision that perhaps inadvertently led to a multibillion-dollar market in intoxicating cannabis products that are arguably federally legal.
Now, the attorneys general want Congress to shutter the market it helped create. In the new Farm Bill, they want the legislature to enshrine in statute the idea that intoxicating cannabis is not federally legal — contrary to what the law currently states.
The president can order the operations of federal agencies, but they can’t order specific procedural outcomes.
The power of the DEA to schedule drugs comes from Congress, not from the executive branch. Congress created the DEA to build process to review drugs and manage them. The president is in charge of executing that procedure, not changing it or skipping it entirely. The power to effectively make laws is Congress, not the president.
As weird as it seems, there isn’t actually a loophole where the president can order someone to change the law even if that person is technically their employee.
Nothing about descheduling involves passing a law…
There’s no federal laws about cannabis (technically there is now about hemp).
It’s illegal federally because it’s scheduled 1.
Biden 100% can change it, you just don’t seem to understand the process.
Maybe that’s why so people disagree with me tho. They think this has something to do with laws?
No, you very much don’t understand how the government works.
Federal agencies operate with the force of law because they were given regulatory power derived from Congress. The ability for the DEA to manage drug scheduling is derived from it’s congressional creation. They can’t execute the process as they wish, but have to follow the rules created by Congress for them to change the scheduling.
https://mainelaw.maine.edu/faculty/can-the-president-reschedule-or-deschedule-marijuana/
There’s a law professor explaining it in nice short form.
https://crsreports.congress.gov/product/pdf/LSB/LSB10655
A more in depth analysis from the congressional research service.
Tldr: you are mistaken as to how it works.
Thanks!
Right there, by a source you just vouched for.
It’s been a busy morning, so I really appreciate you taking the time to link that for me
What, exactly, do you think that says? Because I’m pretty sure you just read that as, “The President can tell the DEA to reschedule cannabis,” and that’s not at all what it says.
Warning! Entering
ecologicalnuance dead zone, are you sure what you are doing is worth it?Taken out of context, that sentence loses significant meaning.
That’s the part you skipped, which indicates that the president has the power to direct the agencies to reevaluate and reschedule. They further contend that this process could be used to entirely unschedule the drug.
The question being answered in the portion you cherry picked is not if the president has unilateral authority, but rather what the extent of the administrative process they must follow actually is.
An even more direct segment from the CRS report:
Man, I thought you understood…
It’s easier for Biden to deschedule, than it is to reschedule. They’re two different procedures.
He can deschedule right now. Instead he wants to reschedule, which doesn’t really do much and still keeps it federally illegal, along with defacto illegal in lots of states. And is much harder to accomplish.
I’m sorry I can’t explain it to you in a way you can understand. But since your own source can’t either, I won’t take it personally
You aren’t even reading things are you?
It’s a report direct from the congressional research service saying “no, the president can’t unilaterally reschedule or deschedule”, and you take that as agreeing with your assertion that he can.
You must be trolling.
That paragraph you just quoted said it MAY be possible… but only if you completely reinterpret one law, use a wide interpretation of how we deal with treaties, and also just ignore other laws in deference to the President.
So basically it is only possible if we ignore the law.
The law is the Controlled Substances Act.
The process has been explained to you (I explained it pretty clearly in my first response to you). We understand the process.
You seem to think it’s just a matter of Biden saying to the DEA, “Do it!”
You’re wrong.
No matter how many times you assert that Biden can simply order the DEA to reschedule cannabis, you’ll always be wrong.