Could Obama by himself decriminalize pot?

[Firebirds01]

Forgive me I dont know the ins-and-outs of drug reform. It is my understanding that marijuana was made a Schedule I drug by Nixon and Schedule I is for the most serious drugs. Could Obama remove it lower is schedule/decriminalize it. Or is that a congress thing? Is his only option just to tell the justice department to not worry about it as much.


Thanks much everyone.

[struggle4progress]

1. no

[Iggy]

2. I guess you forgot

Obama laughed out loud at the suggestion of decriminalization a few months ago.. I think we know why

[Firebirds01]

5. No "would"

but "could"

[Iggy]

6. Even if Obama "could"

He's not going to... again, the laughing at the prospect of even discussing this with the president of Columbia is a pretty good hint regarding where this is on Obama's priority list.

[Le Taz Hot]

3. To my knowledge, yes.

The history as to how this got to be a Schedule I is interesting. Richard Nixon commissioned a study on the effects of marijuana. When the commission's report came back it stated that marijuana was basically harmless. This pissed off Nixon who cajoled Congress to give the President scheduling power (alongside the FDA). Once granted, he placed cannabis as a Schedule I drug. Given the history, I would imagine that whatever the President giveth, the President can also taketh away, or in this case, at least reschedule.

Legal eagles will need to weight in on this one.

[Iggy]

7. Great Point

and Nixon commissioned this study wanting to "prove once and for all" that pot is very harmful.

FAIL.

[Enrique]

4. yes

the president has vast power in this area.

[ancianita]

8. His first important step would be to have pot taken off the Schedule I list.

Legal change could proceed from there.

[HopeHoops]

9. Technically yes, but I don't expect it to happen. Removing it from Schedule I might.

That doesn't on its own make it legal, but it would release the states to their own decisions under the 10th Amendment. It doesn't even belong in the CSA Nixon implemented. Technically all Schedule I status does is prevent physicians from prescribing it. Just dropping it to Schedule II would allow medical use throughout the country. It honestly doesn't belong on the list under any of the CSA schedules. Any step forward is progress.

[Strelnikov_]

10. Since we're discussing Nixon and weed, this thread needs a soundtrack . .

[hootinholler]

11. IIRC the Federal prohibition lies in 2 areas

First there is the drugs schedule. It needs to be reclassified or removed from the schedule.

Second I think the law states there is a stamp required to produce or sell it. (I'm going from memory here) The stamp has never been issued for sale.

Given those 2 things, I think it is possible for the executive branch to deal with it.

It should be unconstitutional for congress to pass a tax stamp law and never issue the stamp or issue it in small quantities.