President Joe Biden is pardoning thousands of people who were convicted of use and simple possession of marijuana on federal lands and in the District of Columbia.
It doesn’t require federal legislation actually. Biden could simply order the AG to deschedule marijuana which would effectively legalize it nationally.
The United States Code, under Section 811 of Title 21,[24] sets out a process by which cannabis could be administratively transferred to a less-restrictive category or removed from Controlled Substances Act regulation altogether. The Drug Enforcement Administration (DEA) evaluates petitions to reschedule cannabis. However, the Controlled Substances Act gives the Department of Health and Human Services (HHS), as successor agency of the Department of Health, Education, and Welfare, great power over rescheduling decisions.
After the DEA accepts the filing of a petition, the agency must request from the HHS Secretary “a scientific and medical evaluation, and his recommendations, as to whether such drug or other substance should be so controlled or removed as a controlled substance.” The Secretary’s findings on scientific and medical issues are binding on the DEA.[25] The HHS Secretary can even unilaterally legalize cannabis: “[I]f the Secretary recommends that a drug or other substance not be controlled, the Attorney General shall not control the drug or other substance.” 21 U.S.C. § 811(b).
Biden could theoretically pressure the HHS secretary to do that, but that would directly be a Trumpian act of a guy who ran on “look how not-Trump I am” and just is not going to happen.
Biden will use the system, as designed, and hope the chips land his way. If they don’t, and public backlash is strong, Dems can safely run on it.
We can not like how the political sausage is made, or even like that said sausage is made, and still live in the reality in which one does have to make sausage in politics.
Maybe if the world didn’t catch fire right before his election, this could be a thing, but with the past four to six years I just don’t see it taking anything but an act of Congress
So you admit he can do it without congress. However, you think it would make him look like Trump and so he shouldn’t do it…
That’s very strange reasoning. What exactly do you think would be the actual consequences? Over two thirds of Americans support legalization. If Biden got marijuana descheduled it would likely be an incredibly popular move.
Even without de- or re-scheduling, I think the very fact that most stoners and your average casual user of marijuana is not a hardcore criminal gives people in government a bit more to think about.
If they were to allow the DEA and police to apply discretion on an individual basis, rather than simply seek to create punishment for the sake of tax dollars, you’d see our better angels shine through.
Even if you worked for the DEA, day in day out with a MDF board with pins and string lines of whose who, bank statements, phone tracking, GPS car trackers like in NCIS, and had to hunt some evil ass people/drug traffickers, terrorists and spies everyday, your average stoner guy isn’t big fish to fry.
Hell if anything, for the average guy on the street or even just a news reporter, it’s probably a joke of a case to be thrown out along with the lead investigators.
If you really wanted to find criminals just go to East Europe or the middle east and pretend to be a photographer or reporter, you’ll probably not manage to arrest a single person, and maybe even die, but you’ll sure as hell learn more about how the CIA and others in power keep accidentally creating war zones, and why both USA and China has so far done a good job to avoid getting involved in the Israel Gaza conflict.
be creative. play the damn game like the republicans. simply put out an executive order saying ‘why would you arrest anyone for weed in this day and age’. no one with true power and will is bound by a piece of paper. the republicans aren’t; the democrats should consider doing the same with saner policies
The federal government is already doing this, and has been doing it since the first state legalized it. The FBI could theoretically raid any weed dealer at any time, but they’ve been directed to not exercise that power since Eric Holder first enacted the policy.
This fact always amuses me. I live in a small to moderate sized town in a medical-only state, and I have FIVE dispensaries to choose from within about 10 minutes from my house. Two of them are the same chain!
There are serious resources invested that could be jeopardized if the government went crazy. Uh, more crazy.
That requires federal legislation.
Biden is bound by the Controlled Substances Act, same as anyone else.
https://www.dea.gov/drug-information/csa
It doesn’t require federal legislation actually. Biden could simply order the AG to deschedule marijuana which would effectively legalize it nationally.
Biden could theoretically pressure the HHS secretary to do that, but that would directly be a Trumpian act of a guy who ran on “look how not-Trump I am” and just is not going to happen.
Biden will use the system, as designed, and hope the chips land his way. If they don’t, and public backlash is strong, Dems can safely run on it.
We can not like how the political sausage is made, or even like that said sausage is made, and still live in the reality in which one does have to make sausage in politics.
Maybe if the world didn’t catch fire right before his election, this could be a thing, but with the past four to six years I just don’t see it taking anything but an act of Congress
So you admit he can do it without congress. However, you think it would make him look like Trump and so he shouldn’t do it…
That’s very strange reasoning. What exactly do you think would be the actual consequences? Over two thirds of Americans support legalization. If Biden got marijuana descheduled it would likely be an incredibly popular move.
You’re having a conversation about things you want and I’m having a conversation about how reality works.
That’s a lot of condescension for someone who can’t even answer a simple question.
It’s a clarification that you and I are having two different conversations.
Consider re-reading this not as an argument, but rather as a teacher explaining to you why things work out a certain way.
I don’t view the conversation as quite that way (I was just stoned and enjoying where it was going), but tonally.
This has to be a bit right? The irony of being high while also trying to justify why Biden doesn’t push for legalization is just too funny.
My entire last post is about how this is not a defense of anything. This is an explanation of why things happen the way they do.
You’re mistaking “uninformed” for “simple”.
Exactly how was my question “uninformed”?
Because you apparently have little to no idea how the US government functions despite other people explaining it to you multiple times.
Even without de- or re-scheduling, I think the very fact that most stoners and your average casual user of marijuana is not a hardcore criminal gives people in government a bit more to think about.
If they were to allow the DEA and police to apply discretion on an individual basis, rather than simply seek to create punishment for the sake of tax dollars, you’d see our better angels shine through.
Even if you worked for the DEA, day in day out with a MDF board with pins and string lines of whose who, bank statements, phone tracking, GPS car trackers like in NCIS, and had to hunt some evil ass people/drug traffickers, terrorists and spies everyday, your average stoner guy isn’t big fish to fry.
Hell if anything, for the average guy on the street or even just a news reporter, it’s probably a joke of a case to be thrown out along with the lead investigators.
If you really wanted to find criminals just go to East Europe or the middle east and pretend to be a photographer or reporter, you’ll probably not manage to arrest a single person, and maybe even die, but you’ll sure as hell learn more about how the CIA and others in power keep accidentally creating war zones, and why both USA and China has so far done a good job to avoid getting involved in the Israel Gaza conflict.
be creative. play the damn game like the republicans. simply put out an executive order saying ‘why would you arrest anyone for weed in this day and age’. no one with true power and will is bound by a piece of paper. the republicans aren’t; the democrats should consider doing the same with saner policies
The federal government is already doing this, and has been doing it since the first state legalized it. The FBI could theoretically raid any weed dealer at any time, but they’ve been directed to not exercise that power since Eric Holder first enacted the policy.
https://www.ojp.gov/ncjrs/virtual-library/abstracts/dea-position-marijuana
This fact always amuses me. I live in a small to moderate sized town in a medical-only state, and I have FIVE dispensaries to choose from within about 10 minutes from my house. Two of them are the same chain!
There are serious resources invested that could be jeopardized if the government went crazy. Uh, more crazy.