Mon Apr 30, 2012, 04:29 PM

RainDog (28,784 posts)

Attn Gen. Holder: Yes, The Executive Branch Could Remove MMJ from DEA Hands

Some people here have argued that the executive branch can do nothing to decriminalize medical marijuana - that this issue is solely dealt with by Congress.

I have begged to differ in the past - and explained how the process of decriminalization by the executive branch could work here:

How the DEA, the Attn General or Congress Could Reschedule Cannabis
http://www.democraticunderground.com/117069

Attn Gen. Holder reiterated this truth at the White House Correspondents Dinner.

http://justsaynow.firedoglake.com/2012/04/30/holder-admits-obama-misled-rolling-stone-about-marijuana-law/

Attorney General Eric Holder was a guest of The Huffington Post at the correspondents’ dinner. Before it began, a HuffPost reporter noted to Holder that Obama’s reference to “congressional law” was misleading because the executive branch could simply remove marijuana from its “schedule one” designation, thereby recognizing its medical use.

“That’s right,” Holder said.

After Kimmel’s speech, a Holder deputy told HuffPost that there was no coordinated war on medical marijuana, but that some individual clinics were breaking both state and federal laws.

In a recent Rolling Stone interview, Obama provided a factually wrong answer that radically distorted the nature of federal law in an attempt to deflect criticism for the federal crackdown on medical marijuana. Obama claimed he “can’t nullify Congressional law” when it comes to medical marijuana, even though the Controlled Substance Act actually gives the Executive branch the authority to “reschedule” (reclassify) marijuana without Congressional action. By simply moving marijuana to a lower schedule the Obama administration could make medical marijuana legal under federal law. Obama would not need to nullify this Congressional law, because Congress already gave him the authority to change marijuana’s legal status.

So, just to be clear - Obama chose to do the wrong thing in regard to medical marijuana. Admitting this does not mean I'm not going to vote for him - but it's important to recognize that Obama is playing politics with people with life-threatening illnesses because some Republicans would attack him for doing the right thing, and doing the right thing would upset some powerful people within bureaucracies like the DEA, within the pharmaceutical industry, and within the prison industry.

I'm sorry that Obama chose to do the wrong thing on this issue. He's not the first, of course. Clinton was on the wrong side of history on this issue too. Throughout history many otherwise laudable politicians have been on the wrong side of various issues.

But let it be clearly understood: Obama is on the wrong side of this issue based upon the scientific and medical research and based upon the will of the American people. The only reason for someone to side against science and the wishes of the majority of the American people is special interests.

Eight in 10 Americans support legalizing marijuana for medical use.
http://abcnews.go.com/PollingUnit/Politics/medical-marijuana-abc-news-poll-analysis/story?id=9586503#.T570rL9gLDw

16 States have passed medical marijuana laws. 16 more states have medical marijuana laws pending.

It's not good to be the last man standing on the wrong side of an issue, as someone recently noted in relation to other social issues.

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49 replies	Author	Time	Post
Attn Gen. Holder: Yes, The Executive Branch Could Remove MMJ from DEA Hands (Original post)	RainDog	Apr 2012	OP
so correct the misreading of the law and do the right thing :-) nt	msongs	Apr 2012	#1
NH recently passed MMJ laws - make it 17 states with legal MMJ laws.	anti-alec	Apr 2012	#2
Yes - but still needs the Senate vote - and the DEMOCRATIC governor is opposed	RainDog	Apr 2012	#6
Oops. Thanks for the correction	anti-alec	Apr 2012	#8
You can help by NICELY calling to indicate your support	RainDog	Apr 2012	#12
Why do people keep ignoring the fact that the vast majority of MMJ clinics are not being bothered...	phleshdef	Apr 2012	#3
Do you think the same rules should apply to alcohol?	Fumesucker	Apr 2012	#5
You have to have special licenses to sell alcohol or create mass quantities of it to sell.	phleshdef	Apr 2012	#10
I haven't noticed the federal government enforcing state liquor regulations..	Fumesucker	Apr 2012	#13
As a non 420-er...	FedUp_Queer	Apr 2012	#29
The two issues get conflated: medical or nonmedical use	RainDog	Apr 2012	#33
Let the states enforce their own regulations	TheKentuckian	Apr 2012	#32
The DEA needs to let states work out their laws	RainDog	Apr 2012	#9
FACT: The DEA has left the vast majority of MMJ clinics in these states alone.	phleshdef	Apr 2012	#11
US attorneys have sent out more than 300 threat letters to dispensaries and landlords in California.	Comrade Grumpy	Apr 2012	#14
My favorite dispensary was shut down last week	anti-alec	Apr 2012	#23
Where's your link?	RainDog	Apr 2012	#18
Kick for later reading	stopwastingmymoney	Apr 2012	#24
Where's your evidence? n/t	RainDog	Apr 2012	#22
PROVE this is indeed FACT or admit you're wrong	frylock	Apr 2012	#28
Still nothing to support that claim	RainDog	Apr 2012	#31
Government resources	FedUp_Queer	Apr 2012	#30
still waiting for you to show that FACT	RainDog	Apr 2012	#35
Still waiting to see that evidence of what you call fact...	RainDog	May 2012	#36
Here. I dispute it. As does the San Fran. Democratic Party	RainDog	May 2012	#45
"Regulatory reasons"	Comrade Grumpy	Apr 2012	#15
Exactly.	RainDog	Apr 2012	#19
Perhaps because that's not our reality?	MindPilot	May 2012	#37
Stroke of a pen, baby.	theaocp	Apr 2012	#4
No F' In Way!	Royal Sloan 09	Apr 2012	#7
You inspired me to write to Mrs. Obama	duhneece	Apr 2012	#16
That's a great book	RainDog	Apr 2012	#21
Du rec. Nt	xchrom	Apr 2012	#17
Kicked and recommended.	Uncle Joe	Apr 2012	#20
ain't gonna happen in an election year...that's just politics	spanone	Apr 2012	#25
"Just politics" has killed people	RainDog	Apr 2012	#27
Let's wait and see what 2013 brings	jaysunb	Apr 2012	#26
K & R	Better Believe It	Apr 2012	#34
Huge K&R. Marijuana saves lives (one of them was my brother). n/t	DLevine	May 2012	#38
What's your brother's story?	RainDog	May 2012	#39
My brother had Hodkins Lymphoma.	DLevine	May 2012	#40
I'm so glad he had access that could save his life	RainDog	May 2012	#41
I am so sorry for what happened to your stepmom.	DLevine	May 2012	#42
I think about these women	RainDog	May 2012	#43
oh, and here's another reason why this is an issue for women - and men	RainDog	May 2012	#44
They COULD reschedule pot tomorrow, but they won't...	jmowreader	May 2012	#46
Prediction: The Obama crackdown on MMJ clinics will continue, unabated,	rusty fender	May 2012	#47
Yeah, I don't think this adminstration will do the right thing	RainDog	May 2012	#48
"Barack Obama supports medical marijuana!"	Romulox	May 2012	#49

Response to RainDog (Original post)

Mon Apr 30, 2012, 04:32 PM

msongs (65,362 posts)

Attn Gen. Holder: Yes, The Executive Branch Could Remove MMJ from DEA Hands

1. so correct the misreading of the law and do the right thing :-) nt

2. NH recently passed MMJ laws - make it 17 states with legal MMJ laws.

6. Yes - but still needs the Senate vote - and the DEMOCRATIC governor is opposed

8. Oops. Thanks for the correction

12. You can help by NICELY calling to indicate your support

3. Why do people keep ignoring the fact that the vast majority of MMJ clinics are not being bothered...

5. Do you think the same rules should apply to alcohol?

10. You have to have special licenses to sell alcohol or create mass quantities of it to sell.

13. I haven't noticed the federal government enforcing state liquor regulations..

29. As a non 420-er...

33. The two issues get conflated: medical or nonmedical use

32. Let the states enforce their own regulations

9. The DEA needs to let states work out their laws

11. FACT: The DEA has left the vast majority of MMJ clinics in these states alone.

14. US attorneys have sent out more than 300 threat letters to dispensaries and landlords in California.

23. My favorite dispensary was shut down last week

18. Where's your link?

24. Kick for later reading

22. Where's your evidence? n/t

28. PROVE this is indeed FACT or admit you're wrong

31. Still nothing to support that claim

30. Government resources

35. still waiting for you to show that FACT

36. Still waiting to see that evidence of what you call fact...

45. Here. I dispute it. As does the San Fran. Democratic Party

15. "Regulatory reasons"

19. Exactly.

37. Perhaps because that's not our reality?

4. Stroke of a pen, baby.

7. No F' In Way!

16. You inspired me to write to Mrs. Obama

21. That's a great book

17. Du rec. Nt

20. Kicked and recommended.

25. ain't gonna happen in an election year...that's just politics

27. "Just politics" has killed people

26. Let's wait and see what 2013 brings

34. K & R

38. Huge K&R. Marijuana saves lives (one of them was my brother). n/t

39. What's your brother's story?

40. My brother had Hodkins Lymphoma.

41. I'm so glad he had access that could save his life

42. I am so sorry for what happened to your stepmom.

43. I think about these women

44. oh, and here's another reason why this is an issue for women - and men

46. They COULD reschedule pot tomorrow, but they won't...

47. Prediction: The Obama crackdown on MMJ clinics will continue, unabated,

48. Yeah, I don't think this adminstration will do the right thing

49. "Barack Obama supports medical marijuana!"