• disguy_ovahea@lemmy.world
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    7 months ago

    Biden addressed HHS two years ago, who recommended descheduling to class 3. The DEA has been stalling the approval ever since, regardless of pressure from Biden and Harris. Decriminalization requires Congressional approval prior to getting to the president for approval. The only way Biden could override would be with an Executive Order, a temporary form of legislation that’s designed to address a crisis while allowing time for proper legislation. A temporary decriminalization that would expire would be far more disruptive to the industry than using the current system.

    • givesomefucks@lemmy.world
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      7 months ago

      The DEA has been stalling the approval ever since, regardless of pressure from Biden and Harris.

      So the head of the DEA doesn’t serve at the pleasure of the president?

      And the president can’t just replace the head of the DEA with someone willing to do the job?

      The only way Biden could override would be with an Executive Order,

      No, because he could just replace the head of the DEA.

      Like, your logic is a kid that won’t stop playing a videogame for supper. You keep saying you can’t stop playing the game because it’s not over, but mom can just walk up and turn it off. Then the games over and your not playing.

      Biden can tell the head of the DEA to decriminalize or pack his desk.

      But he won’t.

      Now you can make aaaaallllll the excuses in the world for why he won’t and why that’s good.

      But you can’t say he can’t fucking do it when he obviously can.

      You don’t even have to take my word for it:

      Although the President may not unilaterally deschedule or reschedule a controlled substance, he does possess a large degree of indirect influence over scheduling decisions. The President could pursue the appointment of agency officials who favor descheduling, or use executive orders to direct DEA, HHS, and FDA to consider administrative descheduling of marijuana. The notice-and-comment rulemaking process would take time, and would be subject to judicial review if challenged, but could be done consistently with the CSA’s procedural requirements. In the alternative, the President could work with Congress to pursue descheduling through an amendment to the CSA.

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

      That’s from the people whose job is literally to research if and how our government can do stuff.

      • disguy_ovahea@lemmy.world
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        7 months ago

        Yes, he could just replace the head of the DEA for non-compliance with his request. No, that’s not good leadership.

        • givesomefucks@lemmy.world
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          7 months ago

          o, that’s not good leadership.

          Why not?

          It’s what voters want, it’s what health experts say, and it would be a giant economic boom

          Like, you realize decriminalization was one of his campaign promises, and then he appointed the current head of the DEA, right?

          Did it just not come up at all while he was looking at candidates?

          BTW:

          Did you know she used to be pro medical and wanted people in her state to grow their own?

          https://newjersey.news12.com/ag-milgram-backs-medical-marijuana-bill-34885866

          Now suddenly she’s insisting it has to be scheduled 1 even though literal medical experts and the president are telling her to deschedule?

          There’s no world where you honestly believe federal agencies should be ran like that, answering to no one and ignoring science for personal beliefs that change without explanation

          • disguy_ovahea@lemmy.world
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            7 months ago

            Congress is the problem with your proposal. Descheduling can be done by an agreement of HHS and the DEA. Congress needs to pass decriminalization for it to get to the president for approval.

            • givesomefucks@lemmy.world
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              7 months ago

              Nope

              Although the President may not unilaterally deschedule or reschedule a controlled substance, he does possess a large degree of indirect influence over scheduling decisions. The President could pursue the appointment of agency officials who favor descheduling, or use executive orders to direct DEA, HHS, and FDA to consider administrative descheduling of marijuana. The notice-and-comment rulemaking process would take time, and would be subject to judicial review if challenged, but could be done consistently with the CSA’s procedural requirements. In the alternative, the President could work with Congress to pursue descheduling through an amendment to the CSA.

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

              • disguy_ovahea@lemmy.world
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                7 months ago

                That’s exactly what I wrote. lol

                Descheduling is done through HHS and DEA.

                Decriminalizing is done through Congress.

                We’re done here.

                • givesomefucks@lemmy.world
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                  7 months ago

                  The President could pursue the appointment of agency officials who favor descheduling, or use executive orders to direct DEA, HHS, and FDA to consider administrative descheduling of marijuana.