• disguy_ovahea@lemmy.world
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    6 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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      6 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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        6 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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          6 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.