• SCB@lemmy.world
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    11 months ago

    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

    • cecinestpasunbot@lemmy.ml
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      11 months ago

      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.

      • SCB@lemmy.world
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        11 months ago

        You’re having a conversation about things you want and I’m having a conversation about how reality works.

          • SCB@lemmy.world
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            11 months ago

            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.

            • cecinestpasunbot@lemmy.ml
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              11 months ago

              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.

              • SCB@lemmy.world
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                11 months ago

                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.

                • cecinestpasunbot@lemmy.ml
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                  11 months ago

                  Whether or not you want to call it a defense, you are providing justifications for Biden’s lack of action. Going on to suggest that your opinion is just “how reality works” even though you’ve made factually incorrect statements is just too rich.