this post was submitted on 30 Sep 2024
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[–] [email protected] 86 points 1 month ago (53 children)

The president can order agencies to reschedule it, which makes it defacto legal in a lot of states, and means federal employees in states where it's legal can use, including military.

She should do that asap, because the fight to actually legalize is a lot harder.

I don't want to see her say it needs to be legalized and then refuse to take any step thats not the hardest

[–] [email protected] 98 points 1 month ago* (last edited 1 month ago) (18 children)

Biden already started that process to move it to schedule 3. It's been moving through slowly but it's got a public hearing on December 2nd

https://www.federalregister.gov/documents/2024/08/29/2024-19370/schedules-of-controlled-substances-rescheduling-of-marijuana

[–] ilovededyoupiggy 49 points 1 month ago (3 children)

The public comments were overwhelmingly in favor of full deschedule/legalization, but all he's pushing for is reschedule to 3, which means they'll probably go to 2 because fuck you that's why. Hopefully Harris can lean into it a little harder than Biden has.

[–] [email protected] 38 points 1 month ago (2 children)

As a senator Harris introduced bills that would've fully legalized it. Meanwhile I don't think Biden ever publicly said he wanted full legalization

I think there's pretty good odds she would go further than Biden in executive action alone

[–] [email protected] 26 points 1 month ago (3 children)

Biden was calling it a gateway drug just before entering the office of president. I don't believe he's evolved personally at all. Policy, which is kind of weak, may be another thing. But I don't think the man sees any value in marijuana, for anybody.

[–] [email protected] 9 points 1 month ago (1 children)

Is anyone actually surprised that Biden is extremely anti-narcotics given his son's battle with drug addiction?

Harris doesn't have the same baggage. If she were at the helm, I think she'd follow through.

[–] [email protected] 14 points 1 month ago (1 children)

But that's just the point. Part of marijuana adoption is getting away from worse drugs. There is plenty of supporting data at this point. The sooner people see this they'll see where the bar ought to be set. This is only one example of course.

[–] [email protected] 3 points 1 month ago

One of the best ways to get through withdrawal symptoms is Marijuana. When I was getting off some pretty rough mental meds, Marijuana allowed me to keep going.

[–] vaultdweller013 8 points 1 month ago

Yeah at best Biden probably only is in favor of it for textile products and maybe CBD derivatives for medical use. Which mind you is still a massive improvement over damned near every president since it was putlawed but still a woefully insufficient, a solid summary of Biden now that I think about it.

[–] [email protected] 3 points 1 month ago

He’s too old. Society has moved beyond him on this and it’s an example of why we need to start electing younger people.

[–] ilovededyoupiggy 3 points 1 month ago (1 children)
[–] [email protected] 15 points 1 month ago

Plus this post is literally about her going to the "All The Smokes" podcast and calling for legal weed there. Could not imagine Biden doing

[–] [email protected] 14 points 1 month ago (1 children)

all he's pushing for is reschedule to 3, which means they'll probably go to 2 because fuck you that's why

I figure you're partially joking but they can't really make it 2. The HHS recommendation was 3 and even the DEA kind of has to agree even if they don't want to. It would have been super controversial to do something else, they're mainly supposed to follow it through with the rulemaking process unless they're willing to make a serious case. And even then it would probably be to leave it where it is.

One of the theories going around as to why they added the hearing is that they wanted to take the heat off themselves for the call they've made by really drawing out the public consultation. Like people will be mad at them for following the recommendation so they want to make a big show of the fact they're listening to concerns etc.

Hopefully Harris can take some stronger action or legalize through executive order or something. Schedule III is better but it's then in the same class as ketamine. No judgement of people who like ketamine but COME ON

[–] ilovededyoupiggy 4 points 1 month ago (1 children)

Interesting, didn't know that about the process, TIL. So am I reading you right that they're effectively locked into reschedule to 3 no matter what now due to the HHS recommendation? Or do they still have the option to just not change a thing as well?

[–] [email protected] 6 points 1 month ago (1 children)

Yeah my understanding is that since HHS said "the science suggests it should be in 3," the DEA would have a bit of a challenge making any other rule. The schedules (theoretically) tell you what the addiction risk and medical value of a substance is, with lower risk & more effective medicine being the least restricted. So since HHS made that determination and the DEA are not scientists, it would be kind of wild for them to try to argue with that.

I think technically they could propose anything they like, but 2 would never go through because there's no basis for it, and I think even keeping it in 1 would be a difficult sell with Biden having called for the review and the recommendation being what it was. Plus as you said most public comments (and experts) said they didn't go far enough.

Honestly I think they're stuck. They probably can't just come out and recommend descheduling (and going by public statements probably don't want to) but the current position is untenable. So they have to just sign up for the "better but nobody is especially happy" option HHS gave them

One thing I wish I understood more was whether Harris could just legalize through an executive order. Biden (and now Harris) said nobody should go to jail for weed but schedule III does not solve that problem at all.

[–] [email protected] 1 points 1 month ago (1 children)

The classification problem will lead to the DEA gaining control of all the dispensaries in every state.

Maybe I'm being alarmist, but rescheduling Marijuana is worse than leaving things alone. Oversight by the DEA is the wrong way to go.

[–] [email protected] 1 points 1 month ago

Yeah I wouldn't say alarmist but this is likely a non issue. Under the current system, every legal state is breaking federal law in a bunch of ways, but the DEA and other agencies have not acted. Technically putting it in schedule III would mean it could be treated like other substances in that schedule, available only with FDA oversight, but that is not likely. Basically everything has been totally hands off so far, so it's very unlikely that the government reducing the level of control of cannabis would lead to agencies increasing their control.

The biggest threat at the moment imo is a Trump presidency, but based on his comments about Florida's ballot initiative, his "change with the wind" opinion is currently also in favor of not sending people to jail for it.

[–] [email protected] -2 points 1 month ago* (last edited 1 month ago)

The public comments were overwhelmingly in favor of full deschedule/legalization, but all he's pushing for is reschedule to 3, which means they'll probably go to 2 because fuck you that's why

The Lesser Evil Party in a nutshell 😮‍💨

Granted, it's of course still a MUCH lesser evil than the American Fascist Party, but fucking HELL! Your very bleak guess is probably the best case scenario with these fuckers!

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