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Shipwack

(2,443 posts)
Sat Apr 8, 2023, 03:45 PM Apr 2023

Ok, I give up. I agree that a judge in Texas can overrule the FDA. Therefore...

A judge in California can overrule the FDA's classification of Marijuana and make it legal for recreational use.

14 replies = new reply since forum marked as read
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Shipwack

(2,443 posts)
3. Sure... Same "logic" applies.
Sat Apr 8, 2023, 03:54 PM
Apr 2023

I was being facetious in my original post, of course.

I would never throw reproductive rights under the bus for weed legalization.

jmowreader

(51,824 posts)
2. That would be the DEA's classification...
Sat Apr 8, 2023, 03:54 PM
Apr 2023

…but yeah, that’s feasible. He could rule on interstate commerce grounds; there’s a lot of very good weed being grown in Washington and Oregon that California dispensaries have no access to. Or on banking grounds; since the pot industry cannot use the national banking system you can’t pay for cannabis with your debit card.

Ms. Toad

(35,867 posts)
7. It's a congressional classification, so the argument that the DEA exceeded its authority
Sat Apr 8, 2023, 04:30 PM
Apr 2023

doesn't work.

And the applicability of Commerce Clause to marijuana laws has already been tested at the Supreme Court. They would have to directly overrule precedent. That doesn't mean they can't, but can you really imagine a different result under this court?

GReedDiamond

(5,398 posts)
10. I'm in California...
Sat Apr 8, 2023, 06:33 PM
Apr 2023

...I go to a local dispensary where I can pay with a debit card.
Most of the time I still pay with cash, but have used the debit option a few times.

bluestarone

(18,715 posts)
5. There is only ONE possible ruling THIS SC could make.
Sat Apr 8, 2023, 04:18 PM
Apr 2023

IF they rule the TEXAS way, it's 100% proof that Democracy is DEAD,

Ms. Toad

(35,867 posts)
6. Except that the FDA didn't classify it that way.
Sat Apr 8, 2023, 04:26 PM
Apr 2023

Congress did. Page 14 here. So the same arguments don't work.

Congress is permitted to make laws. The FDA gets to promulgate regulations to implement laws Congress makes - but doen't get to independently make regulations (or to make regulations that go beyond the limited authority granted by Congress).

Igel

(36,543 posts)
8. It was a process argument.
Sat Apr 8, 2023, 05:33 PM
Apr 2023

The FDA didn't follow the rules, the claim was. Not much different from the APA-based court cases that Trump lost so often.

Option 1:
Get another judge to overrule and hope it sticks.

Option 2:
Redo the process to dot the is and cross the ts.

GReedDiamond

(5,398 posts)
11. I can go to a dispensary here in California...
Sat Apr 8, 2023, 06:39 PM
Apr 2023

...and purchase up to one ounce a day.
And I can pay with a debit card if I choose to.

Shipwack

(2,443 posts)
13. The point I was trying to make was that a CA judge could make marijuana legal -nationwide-.
Sun Apr 9, 2023, 07:30 PM
Apr 2023

Just like a Texas judge ruled the abortion pill illegal nationwide...

I think either action is/would be wrong, of course. A state court should not be able to overrule a statute that is nationwide. But here we are...

(To be honest, I felt the same way when state judges overruled nationwide Trump policies... I was grateful for their intervention, but still felt it was wrong.

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