Bernie Sanders Promises to Legalize Marijuana Federally by Executive Order

[Yo_Mama_Been_Loggin]

Senator Bernie Sanders of Vermont vowed to legalize marijuana nationally and expunge the criminal records of those convicted for possession of the drug at a rally near Dallas, Texas on Friday night.

Sanders made the remarks while speaking about criminal justice reform during the event held at the 5,500-capacity Mesquite Arena. The campaign stop was the third of the day for the busy Sanders, the first two having been held in North Carolina.

"By executive order, I can and will legalize marijuana in every state in this country," Sanders told the crowd. "We will expunge the records of those arrested for possession of marijuana."

Sanders promised to "end the so-called war on drugs" to a cheering crowd, while also tackling other issues related to prisons and incarceration.

https://www.msn.com/en-us/news/elections-2020/bernie-sanders-promises-to-legalize-marijuana-federally-by-executive-order/ar-BB101lFP?li=BBnb7Kz

Can he do that by executive order? I don't have a problem with legalization but I thought it would take an act of Congress to repeal a Federal statute.

[RockRaven]

1. On top of which, IIRC, most people with criminal records for possession of marijuana

have state criminal records, not federal. I admit I could be misremembering, but I would be surprised if I was, in this particular case. I don't think POTUS can expunge state criminal records with an executive order.

[MH1]

4. Good point. The over-simplification of issues bothers me.

But, I think to some extent it may be necessary to get through to voters en masse. And this isn't the worst issue to do it with.

[cannabis_flower]

18. That's true but

Anyone who was arrested on Federal Property such as a Federal park are charged under federal law. When I was in San Francisco I was told that I probably didn't have to worry about being arrested in San Francisco for marijuana possession if I was smoking almost anywhere but to not smoke on the beach because it was Federal property and they would arrest you. Bernie (or any other person elected president) could pardon every single on one of those possession cases.

[MH1]

2. I like that, but I know people who actually have reservations about it

I think the law as stands is horrible and causes much pain. My opinion that it should be legalized at the federal level is not deterred by my recognition that smoking pot is NOT great for young people, for lots of reasons, and I recognize that some parents might oppose our nominee if they are for all-out legalization without regulation.

I don't see BS saying ANYTHING about regulating it like cigarettes or booze. But he should, IMO.

As to whether "he can do that?" I do not know.

[totodeinhere]

5. No it's not good for young people or anyone else. Neither is alcohol

but we learned the hard way that prohibition doesn't work. Regulation, not prohibition is the answer.

[MH1]

7. Yes, I agree with that. Does BS have a policy to regulate MJ similar to cigarettetes

or alcohol? The article in the OP was thin on policy details.

That said, at this point I was be satisfied with feds removing it from the drug war and letting states deal with the details. That might not be perfect end-stage policy but if it is easier to do, let's do it.

[Blues Heron]

17. It's not really like booze though - you don't get drunk off it

It's more like tea. It should be regulated more like tea and coffee than harder, more dangerous drugs like ethanol (a member of the solvent family of drugs) and Tobacco - (highly addictive)

[MoonlitKnight]

21. States regulate it

Would be same for marijuana.

[totodeinhere]

3. He would also end the counter productive and regressive so-called war on drugs.

His emphasis would be on treatment and rehabilitation, not punishment and incarceration. And he would take on the big pharmaceutical companies who gave us the opiate epidemic.

[JohnnyRingo]

6. "Soft on drugs!!"

...is what republicans used to say. Now it's just pandering to the stoner demo. All others know it's coming one way or another regardless who's in office.

Sander is crawling out on a very thick and safe limb here.

[InAbLuEsTaTe]

8. Another reason to vote Bernie...this just shows why Bernie's campaign keeps rollin' in this joint

while other candidates' hopes and dreams keep hittin' pot holes and goin up in smoke!!


Bernie/Elizabeth or Elizabeth/Bernie 2020!!
Either way, they're stronger together & can't be bought!!
Jump on the Bernie Bandwagon & join The Revolution!!

[Laelth]

9. Um ... I don't think he can do that.

He could, as the head of the executive branch, order his employees at Justice not to enforce federal law, and that would be completely within his discretion and power, but only Congress could legalize marijuana.

-Laelth

[tritsofme]

10. Rescheduling would presumably fall under APA, and require notice, comments, etc

Not something that could be done on Day 1.

Federal law, as I understand it, makes marijuana illegal at the federal level, Bernie can’t waive a wand and make that go away, he needs Congress.

And I would be curious to know how many people have federal possession convictions on their records, my guess is not very many.

The bottom line is that Bernie is being less than honest here.

[dsc]

12. He can't do that and he should know he can't do that

the scheduling of drugs was done by law, not executive order. And he surely can't expunge state records by executive order.

[Cuthbert Allgood]

20. Pretty sure he's talking about expunging federal charges.

And Trump set a pretty low bar for what isn't allowed by Exec Order.

[ripcord]

13. As much as I would like to see this change happen

I don't think an executive order is the way to go since a republican President could reverse it. Opinions are changing and we need to do this through Congress and have actual laws in place rather than switching back and forth with administrations.

[underthematrix]

14. Welcome to dictatorship from the left.

Congress makes law, not presidents. I want our democracy restored. The one described by the U.S. constitution.

[cannabis_flower]

15. Yes he can but it's a little complicated ( actually sounds like a maybe)

https://www.forbes.com/sites/monazhang/2019/08/08/sanders-plan-to-legalize-marijuana-is-more-complicated-than-it-seems/#20a1d8762de6

The short answer is: Yes, the president can issue an executive order to remove marijuana from the Controlled Substances Act (CSA). But the process of doing so is a complicated, bureaucratic affair.


"The president would have to use the order to direct his Attorney General to start the process, [and] the Attorney General then makes the request to the Department of Health and Human Services to undergo a review on whether or not the substance belongs on the list of scheduled substances," said Erik Altieri, executive director of National Organization for the Reform of Marijuana Laws, a cannabis advocacy group.

"After that review, the department would then report their findings back to the Attorney General who makes the final decision."

Historically, federal agencies like the U.S. Food and Drug Administration and the Drug Enforcement Administration have maintained that marijuana belongs in the Schedule I category. But the nation's top law enforcement officer may not necessarily have to follow their guidance.


"[The Attorney General] must have autonomy to nonetheless alter the schedule despite such FDA determination, if 811 is to have any meaning at all," said David Holland, an attorney who was worked on cases challenging marijuana's Schedule I status.

Holland is referring to a federal law – U.S. Code 811 – that gives the Attorney General the power to "remove any drug or other substance from the schedules if he finds that the drug or other substance does not meet the requirements for inclusion in any schedule."

The Attorney General can then start an administrative rulemaking process to remove marijuana from the CSA.

https://www.forbes.com/sites/monazhang/2019/08/08/sanders-plan-to-legalize-marijuana-is-more-complicated-than-it-seems/#20a1d8762de6

So essentially what he needs to do is appoint an Attorney General that he knows will do this and then direct the Attorney General to do it.

[ehrnst]

16. Obama decided not to make that mistake with marriage equality, thankfully.

He knew that a SCOTUS ruling or legislation would be a way to create lasting change, and an executive order would be just as easily overturned by the next conservative POTUS.

[Zolorp]

19. He is being untruthful

A president CANNOT do that by executive fiat.

Even the Congress cannot change state laws.

He's pandering to stoners who have no clue how this works.