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this post was submitted on 08 Nov 2023
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I think it actually requires passing a federal bill, but I'm not honestly sure. Either way I'm with you, it should never have been made illegal and it certainly didn't still be federally illegal today...
AFAIK the DEA and drug scheduling is under the executive branch so someone like Biden should be able to have it rescheduled, but so far all we've gotten from him is a committee to study whether marijuana is dangerous or not as roughly half the country have already fully legalized it and probably 2/3 have it legal for medicinal purposes.
The President can't just order DEA to unschedule it because it would very likely be a violation of the Administrative Procedures Act (the same thing that the Supreme Court said Trump violated when he tried to end DACA). Just ending the scheduling altogether with no strings attached would really need an act of Congress to be safe from being overturned by the SCOTUS.
A few months ago, Biden's Department of Health and Human Services submitted a formal recommendation to the DEA to reschedule cannabis to Schedule III. It's now in the DEA's hands. Schedule III means if you have a prescription, you can no longer get fired for it if you test positive and it's recognized as having real medical value with moderate to low physical dependence. Not ideal, but complete unscheduling is something the DEA would never go along with. Rescheduling or an act of Congress are the best bets, and Biden has formally requested the DEA to do the former.
I think weed is an issue where Biden's personal life experience and age show more than just about anywhere else. He's an old devout Catholic boomer that doesn't even drink and has a son that's had a very public struggle with drug addiction. I don't think he's ever going to exactly be a champion of legalization.
It's definitely something that can be criticized, but in the grand scheme of things, given that federal prosecution of marijuana "crimes" are basically non-existent nowadays anyway, it's a pretty small matter for me. You are right though that he has taken a step towards potentially rescheduling it, which is definitely a step in the right direction.
While people aren't really being federally prosecuted, the ban still does have far reaching effects like not being able to cross a state border while in possession, get a federal job, or open a bank account as a dispensary (except in some circumstances). Our state department of revenue had to spend millions of dollars to build a giant vault in order to collect millions of dollars in cash from the tax revenue.
I just find it frustrating since I think there's plenty of political will to just end this draconian prohibition nationwide relatively easily, but nobody seems willing to step up to the plate regardless of party.
I mean, this is the exact thing I'm talking about. Things are actually happening, but it's the federal government and glaciers are speedy in comparison. The Department of Health and Human Services is, right now, doing work to fully explore rescheduling marijuana. A bill was passed recently that makes it substantially easier for researchers to study marijuana for medical purposes by reducing legal barriers.
Progress is slow, and I completely understand and agree that it's frustrating, but that doesn't mean that nothing is happening.
I think it's more than that, because he flipped on Abortion (which led to that infamous public refusal for Communion by a crazy Southern Priest)
I think it's a "political capital" thing. Even if it's not a high cost, it's just not a priority for him to spend time, effort, and favors to push it across the finish line Federally when it's bound to happen on its own eventually.
He pardoned (almost?) everyone in jail for simple possession and ordered the DEA and DOJ not to pursue or prosecute possession. He basically "cheaper method" decriminalized it. And it kinda makes sense. What's the next president going to do? Waste all their political capital re-igniting a drug-war that nobody wants? They're gonna do what he did with the SALT changes. Let it ride despite the fact some people are pissed because nobody will be THAT pissed at "let it ride". And for the same reason - they won't really care.