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.
It’s a good one, I know it sucks downloading a PDF, but you really should so you can read it.
Even the HHS secretary can’t just deschedule a drug on a whim. The HHS secretary has to present evidence that it shouldn’t be scheduled, and then the DEA has to get involved, and it requires input from the public and experts in the field.
The easier solution is for congress to amend the CSA. Putting the blame on Biden is disingenuous, especially given the fact that he’s trying to move things in the right direction.
The President can’t remove a substance from the Controlled Substances Act. Talk to your representative and senators.
https://crsreports.congress.gov/product/pdf/LSB/LSB10655
Hey, I know that link…
It’s a good one, I know it sucks downloading a PDF, but you really should so you can read it.
Even the HHS secretary can’t just deschedule a drug on a whim. The HHS secretary has to present evidence that it shouldn’t be scheduled, and then the DEA has to get involved, and it requires input from the public and experts in the field.
The easier solution is for congress to amend the CSA. Putting the blame on Biden is disingenuous, especially given the fact that he’s trying to move things in the right direction.
So…
You disagree with the link you just provided?
Because I’m pretty sure they know more about what a president can do than either of us…
Like. You know that’s the Congressional Research Services you’re arguing with, right?
“Appoint officials who favor…”
“Direct to consider…”
Where does it say they can deschedule it on a whim?
What?
Decriminalization was literally a campaign promises he made four years ago…
A screenshot of his campaign website is what you’re commenting on right now
How is that “on a whim”?