this post was submitted on 30 Sep 2024
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Kamala Harris Says 'We Need To Legalize' Marijuana For First Time As Democratic Presidential Nominee (www.marijuanamoment.net)
submitted 1 month ago by gingerbier@lemmy.world to c/newjerseycannabis@lemmy.world
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[–] disguy_ovahea@lemmy.world 25 points 1 month ago* (last edited 1 month ago) (2 children)

The President can only legalize cannabis through an Executive Order, which is a temporary measure. They can reschedule or deschedule it through the CSA, HHS, and DEA, but Congress would need to pass legislation to decriminalize it and expunge related records.

https://crsreports.congress.gov/product/pdf/LSB/LSB10655

https://www.congress.gov/bill/117th-congress/house-bill/3617

[–] One_Honest_Dude@lemmy.world 12 points 1 month ago (1 children)

Correct me if I'm wrong, but if they reschedule it it is no longer federal illegal. States that want to ban it would still have their laws but removing it from banned substance lists would also remove the federal road blocks to legal use; banking rules, insurance, etc. It should be decheduled entirely and then legislators, state and federal, could decide legality.

[–] disguy_ovahea@lemmy.world 7 points 1 month ago* (last edited 1 month ago) (1 children)

Rescheduling would protect access to cannabis with a prescription, but it would not mandate national decriminalization. Recreational use would still be determined by the state, with potential for federal charges, and people currently incarcerated for use or distribution of cannabis would remain in prison.

[–] EtherWhack@lemmy.world 1 points 1 month ago (1 children)

Wouldn't it realistically have to be descheduled to be recreational under the DEA though?

[–] disguy_ovahea@lemmy.world 4 points 1 month ago* (last edited 1 month ago) (1 children)

The DEA doesn’t determine criminalization, only enforcement. That legislation is written by Congress.

The DEA approves the rescheduling or descheduling, but not decriminalization.

[–] EtherWhack@lemmy.world 2 points 1 month ago (1 children)

Well, to be more specific it would be the Controlled Substance Act. But, the intention of my comment was to highlight that any substance scheduled couldn't really be considered "recreational" to the federal government.

[–] disguy_ovahea@lemmy.world 1 points 1 month ago* (last edited 1 month ago)

That’s true. Decriminalizing without descheduling wouldn’t help.

[–] rigatti@lemmy.world 0 points 1 month ago (2 children)

And apparently it takes four full years to reschedule it...

[–] Starbuck@lemmy.world 13 points 1 month ago (1 children)
[–] rigatti@lemmy.world 2 points 1 month ago

Yeah that's my point. He didn't put out the order for 18 months and then it has been another 24 months since then? I don't understand how it could possibly take so long.

[–] Fuzzy_Dunlop@lemm.ee 0 points 1 month ago

At least four. Could be eight.

[–] imPastaSyndrome@lemm.ee 18 points 1 month ago (1 children)

I'll believe it when I see it

[–] Adori@lemmy.world 0 points 1 month ago* (last edited 1 month ago) (1 children)

Def believe them more than the other candidate

[–] imPastaSyndrome@lemm.ee 1 points 1 month ago

And?

They've said it for decades. I'll believe it when I see it.

[–] Fedizen@lemmy.world 4 points 1 month ago* (last edited 1 month ago)

This is the first election that will pit weed guys against bitcoin guys. Reddit must be divorcing itself