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Biden Can Legalize Marijuana According to Congressional Research Service
Sh!t I was not expecting
I’ve just been handed an urgent news bulletin
President Biden has the authority to reclassify cannabis according to a report from the congressional research service published on November 2nd.
Wait is that right?
Cut to confused.
Okay, well, I’m Tom you can find me at CIL on the interwebs and let’s go over this report they published.
Oh right, please like and subscribe for more of us in your feed, if you’re trying to break into the industry as a license holder – we’re one of the best channels you can find.
First, we draw your attention to the Congressional Research Services (the CRS) admission that the president cannot commit the legislative act of removing the word marijuana from the Controlled Substances Act (the CSA). However, because of the way the CSA is written it may be a distinction without a difference when it comes to legalizing it.
You see, the CSA can be changed by Congress or by administrative rulemaking. This is overseen by the Drug Enforcement Agency (The dreaded DEA) – but it has denied numerous petitions from people to reschedule cannabis. The DEA just like Congress has the power to change the scheduling of marijuana, or to deschedule it and remove it from the CSA entirely.
The CSA empowers DEA to make scheduling decisions through the notice-and-comment rulemaking process, in consultation with the Department of Health and Human Services (HHS) (HHS has delegated its fact finding role in this process to the Food and Drug Administration (FDA)).
So how does he do it? Executive Order like Former President Donald J. Showoff his signature.
Cut to trump showing signature
Biden could appoint heads of DEA, HHS and FDA that support descheduling. Has he done this?
FDA – considering Robert Califf – as of October 22 2021 – no comment
HHS – Xavier Becerra – confirmed March 18 2021 – Enforced California’s marijuana laws as AG before running HHS.
DEA – Former AG of NJ Anne Milgram – Not really sure.
Let’s see if we can get any position from them on this matter so that we can move forward and legalize it so that the half of the states operating outside of the law the federal government is not enforcing can not be penalized because they have a federal law that says it is illegal – but a policy that says they won’t enforce it if you have a license from the state.
If you want to read the rest of the report, it goes into some neat stuff about the presidential pardon power – you can read it because it’s linked below in our description.
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