discussion Rising progressive star John Fetterman calls on Biden to deschedule marijuana

[Communion]

 

Can Biden deschedule marijuana through executive order?

Yes! Just like how Biden used executive authority to instruct the Department of Education to interpret the legislation of the 2003 Heroes Act to apply to the era of COVID and forgive $10k in student loans, Biden is the one who sets the agenda and makes the hires across the executive branch.

 

Though it would fall on a combination of the Attorney General, Secretary of HHS and the DEA Administrator to begin the process of descheduling weed as outlined in the Controlled Substances Act, just like it fell to the Secretary of Education to begin student debt relief, it is Biden who hires all of these positions:

 

Quote

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.

https://cannabis.net/blog/opinion/no-president-biden-cannot-legalize-weed-or-deschedule-it-even-with-an-executive-order

 

If Biden doesn't decide to desechdule weed, can he set in motion mass clemency?

Yes! The US Pardon Attorney has said Biden has the power to order her office to prepare an order of mass clemency to people with cannabis convictions:

 

Edited August 30, 2022 by Communion

[GraceRandolph]

He better do it. It’ll help the Dems in the midterms as well.

[Buddy]

[Distantconstellation]

If he does this expect another +10 points approval rating 

[Bloo]

There is literally not a single reason not to do this. Biden should do this ahead of the midterms. Politically, would push Republicans also to push back and scream about how evil marijuana is, further alienating them from the masses. Morally, no one should be sitting in prison for non-violent drug charges in the first place. 

[rihannabiggestfan]

Despite even the majority of conservatives supporting this (let alone liberals and leftists), Biden won't do it because he's just THAT conservative.

[chessguy99]

Rescheduling is a complicated process, pretty well documented in the Controlled Substance Act. The hold up has always been the DEA, there are just to many career bureaucrats there that are against it and have the data they need to block it. Also, just recognizing the medical benefits, one the the requirements for rescheduling, could just get it shifted to the the same schedule as opioids, which only helps those who can get it prescribed.

[Communion]

7 minutes ago, chessguy99 said:

Rescheduling is a complicated process, pretty well documented in the Controlled Substance Act. The hold up has always been the DEA, there are just to many career bureaucrats there that are against it and have the data they need to block it. Also, just recognizing the medical benefits, one the the requirements for rescheduling, could just get it shifted to the the same schedule as opioids, which only helps those who can get it prescribed.

Yes, a self-imposed hold-up that Biden is fueling by hiring hardliners who are anti-legalization to run the DEA.

 

 

[chessguy99]

13 minutes ago, Communion said:

Yes, a self-imposed hold-up that Biden is fueling by hiring hardliners who are anti-legalization to run the DEA.

 

 

Well, DEA was without an administrator since the 2015. Just the fact that there was actually somebody in charge would boost DEA activity.