OK , so why is marijuana

[lordsummerisle]

Still a schedule 1 substance if it's now legal in 2 states? Would this take an executive order or an act of congress to change?

[villager]

1. I "hope" for this "change" myself

But -- unlike aid to bankers, say -- it seems to very "incremental"

[Warpy]

2. Because old drug warriors never die

They just keep on busting teenagers and leaning on doctors and starting wars all over the third world until Congress gets off its overpaid, underworked ass and STOPS THEM.

[Uncle Joe]

3. and filling for profit prisons which send some of their profit back to said drug warriors.

[jberryhill]

7. It's not just the prisons

Since most offenders go into a diversion program where the state pays some outfit to provide "counseling" to cure them of their marijuana addiction.

I haven't spent enough time in court just watching cases roll by, but I sat in on my local yokel court for a couple of days a while back, and it's this weird ritualized game among the police, the prosecutor's office, the judge, the defendants, their attorneys and the treatment providers. I think if someone calls a magic word, everyone has to put on a funny hat or something, but it's definitely a game of some kind.

[Arwinnick]

4. I Believe the President

Could make that change with a flick of his wrist.As long as he is owned by big pharma it will not happen on his watch.
I may not ever see it in my state,but one day I won't be paranoid to partake

[Mnemosyne]

5. Welcome to DU, Arwinnick! I believe he could also, but won't. nt

[Arwinnick]

13. He doesn't want that legacy.

That's his right.I was hoping for that change he talked about. But he still has time to help the country change the police state image.

[Mnemosyne]

16. Still trying to hold out a bit of hope for that. nt

[RainDog]

6. The Controlled Substances Act

has a few provisions for changes.

1. Congress can add or remove at will, but generally this would be done via a bill.

There is a bill now, resurrected from 2013, that would remove cannabis from the CSA and DEA oversight and put it under the Bureau of Alcohol, Tobacco, Firearms, and Marijuana (that last would be added to the name of the bureau.) It's sitting there....

2. The DoJ can call for rescheduling hearings.

This has sort of been done because Holder has said he is open to talk with the DEA about rescheduling.

The federal govt. doesn't have to acknowledge the state law - the reverse is supposed to be the overriding law - but the DoJ has decided to not enforce federal law and allow these 2 states to go forward with changes - with the proviso that the DEA, etc. will intervene if state law is not followed.

The DEA and other federal agencies, because they are bound to follow federal law, still work to impede the state laws... this is why Colorado water utilities cannot be used for marijuana production, the federal agency in control of water there noted.

The situation has to be resolved - but for now, everyone is playing the waiting game, or the delay game, and looking at things like revenue, looking for things to blame on legal marijuana... this is politics - the federal agencies want to protect their turf and the legalization proponents want to dismantle the current govt. apparatus that keeps marijuana illegal - even in legal states, if you are on federal land.

Some people argue the govt. is constrained by international drug treaties - but the U.S. is the one who insisted on them in the first place - and nations can ignore or, really, "interpret" the wording of the treaties at will. The U.S. Congress could decriminalize marijuana, iow, and still be within the bounds of treaties.

But there is no real consequence for ignoring the treaty agreements. Uruguay, Canada, Israel, the Netherlands, Portugal, all currently ignore the treaty regarding marijuana.

Interestingly, North Korea - not signatory to the treaties, afaik, basically has legal cannabis that's sold in the food markets, but no one ever mentions this b/c...

[jberryhill]

8. Well that explains one thing...

When this is your biggest national sport.....

If anyone else played, North Korea would win "mass games" hands down.

[RainDog]

12. The half-time show without the halves! n/t

[jberryhill]

15. Dang, what DO they do at half-time?

[lordsummerisle]

10. That's interesting

Holder needs the permission of the DEA...?

[RainDog]

11. Strangely, large govt. entities have processes

that they write down that are the stated intention to follow regarding creation or changes in laws or acts. There are also measures for times when extraordinary action is required in the case of national emergencies, etc.

The DEA was given control over drug scheduling.

The entire apparatus of govt. concerning marijuana law is a twisted mess because, with every step forward, there have been laws included to make legalization more complicated - i.e. more laws to deal with pertaining to this. Financial, legal, health, etc.

It's always amusing to me (and I'm as guilty of it as the next person when I'm aggravated) when liberals want laws changed with the stroke of a pen by one person. This is an elitist interpretation of the law. However, since we have a situation now when, demographically, Congress does not represent the will of the American voter, sometimes I think it's becoming easier and easier to make that argument...

but that provides ammo for the "thar coming to take ayr guns" mindset.

But Congress has ignored the will of the voter on this issue for more than 15 years - in regard to marijuana scheduling - b/c 70% of voters have approved of medical mj for certain conditions for that long. Congress assumed the reverse was the case.. that 70% would oppose. But that's because Congress doesn't hear from people who support mmj, etc. most of the time. When they got an earload from parents after Gupta's CNN broadcast about mmj - fast track bills to allow certain types of mmj.

...which puts all of those bills at odds with federal law, as well. just as hemp production is at odds b/c ANY form of cannabis as a plant is illegal and has been since Nixon.

But even with popular support for medical marijuana - the FDA doesn't operate under the will of the voter - i.e. voters can't say.. yes, we want this drug approved so do it! The FDA has a process for approval of anything as a medicine in the U.S.

That process makes any natural plant basically ineligible for approval as a drug because plants cannot meet the standard for a drug.

So, the solution is to remove cannabis entirely from the Controlled Substances Act and treat it as an herbal supplement, in medical terms, and as something like alcohol for recreational uses.

A bipartisan group crafted just such legislation - so, really, people should be contacting their House Representative to ask them to act in support of the bill, rather than asking why Obama doesn't flick his pen and change the law.

That puts the onus where it belongs - on the voter and the Representative who is supposed to... represent their views...

[rollin74]

9. President Obama has so far indicated that he thinks it's the job of Congress

to decide on marijuana reclassification

The DEA has recently asked the FDA to evaluate whether or not it should be downgraded from a Schedule 1 controlled substance. That analysis is ongoing.

[Comrade Grumpy]

14. It needs to be descheduled. I don't need a doctor to tell me I can smoke pot. Thanks.

Neither alcohol nor tobacco are scheduled under the Controlled Substances Act.

Making marijuana Schedule II or III or IV means you need a prescription. I think.

[conservaphobe]

17. Whatever it's going to take needs to be done.

Some of us introverts just can't make enough connections to find a good dealer.