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In reply to the discussion: Obama Lies to Jake Tapper About His Ability to Reschedule Marijuana [View all]Egnever
(21,506 posts)13. Complete horse shit
Congress certainly has the power to reclassify MJ and as Obama said
Its its not its not something by ourselves that we start changing. No, there are laws under undergirding those determinations
But trust you haters to latch on to any made up bullshit.
From Wikipedia
http://en.wikipedia.org/wiki/Controlled_Substances_Act
The Drug Enforcement Administration was established in 1973, combining the Bureau of Narcotics and Dangerous Drugs (BNDD) and Customs drug agents.[13] Proceedings to add, delete, or change the schedule of a drug or other substance may be initiated by the DEA, the Department of Health and Human Services (HHS), or by petition from any interested party, including the manufacturer of a drug, a medical society or association, a pharmacy association, a public interest group concerned with drug abuse, a state or local government agency, or an individual citizen. When a petition is received by the DEA, the agency begins its own investigation of the drug.
The DEA also may begin an investigation of a drug at any time based upon information received from laboratories, state and local law enforcement and regulatory agencies, or other sources of information. Once the DEA has collected the necessary data, the Deputy Administrator of DEA,[14] requests from HHS a scientific and medical evaluation and recommendation as to whether the drug or other substance should be controlled or removed from control. This request is sent to the Assistant Secretary of Health of HHS. Then, HHS solicits information from the Commissioner of the Food and Drug Administration and evaluations and recommendations from the National Institute on Drug Abuse and, on occasion, from the scientific and medical community at large. The Assistant Secretary, by authority of the Secretary, compiles the information and transmits back to the DEA a medical and scientific evaluation regarding the drug or other substance, a recommendation as to whether the drug should be controlled, and in what schedule it should be placed.
The medical and scientific evaluations are binding to the DEA with respect to scientific and medical matters. The recommendation on scheduling is binding only to the extent that if HHS recommends that the substance not be controlled, the DEA may not control the substance. Once the DEA has received the scientific and medical evaluation from HHS, the DEA Administrator will evaluate all available data and make a final decision whether to propose that a drug or other substance be controlled and into which schedule it should be placed. Under certain circumstances, the Government may temporarily schedule[15] a drug without following the normal procedure. An example is when international treaties require control of a substance. In addition, 21 U.S.C. § 811(h) allows the Attorney General to temporarily place a substance in Schedule I "to avoid an imminent hazard to the public safety". Thirty days' notice is required before the order can be issued, and the scheduling expires after a year; however, the period may be extended six months if rulemaking proceedings to permanently schedule the drug are in progress. In any case, once these proceedings are complete, the temporary order is automatically vacated. Unlike ordinary scheduling proceedings, such temporary orders are not subject to judicial review.
The CSA also creates a closed system of distribution[16] for those authorized to handle controlled substances. The cornerstone of this system is the registration of all those authorized by the DEA to handle controlled substances. All individuals and firms that are registered are required to maintain complete and accurate inventories and records of all transactions involving controlled substances, as well as security for the storage of controlled substances.
The DEA also may begin an investigation of a drug at any time based upon information received from laboratories, state and local law enforcement and regulatory agencies, or other sources of information. Once the DEA has collected the necessary data, the Deputy Administrator of DEA,[14] requests from HHS a scientific and medical evaluation and recommendation as to whether the drug or other substance should be controlled or removed from control. This request is sent to the Assistant Secretary of Health of HHS. Then, HHS solicits information from the Commissioner of the Food and Drug Administration and evaluations and recommendations from the National Institute on Drug Abuse and, on occasion, from the scientific and medical community at large. The Assistant Secretary, by authority of the Secretary, compiles the information and transmits back to the DEA a medical and scientific evaluation regarding the drug or other substance, a recommendation as to whether the drug should be controlled, and in what schedule it should be placed.
The medical and scientific evaluations are binding to the DEA with respect to scientific and medical matters. The recommendation on scheduling is binding only to the extent that if HHS recommends that the substance not be controlled, the DEA may not control the substance. Once the DEA has received the scientific and medical evaluation from HHS, the DEA Administrator will evaluate all available data and make a final decision whether to propose that a drug or other substance be controlled and into which schedule it should be placed. Under certain circumstances, the Government may temporarily schedule[15] a drug without following the normal procedure. An example is when international treaties require control of a substance. In addition, 21 U.S.C. § 811(h) allows the Attorney General to temporarily place a substance in Schedule I "to avoid an imminent hazard to the public safety". Thirty days' notice is required before the order can be issued, and the scheduling expires after a year; however, the period may be extended six months if rulemaking proceedings to permanently schedule the drug are in progress. In any case, once these proceedings are complete, the temporary order is automatically vacated. Unlike ordinary scheduling proceedings, such temporary orders are not subject to judicial review.
The CSA also creates a closed system of distribution[16] for those authorized to handle controlled substances. The cornerstone of this system is the registration of all those authorized by the DEA to handle controlled substances. All individuals and firms that are registered are required to maintain complete and accurate inventories and records of all transactions involving controlled substances, as well as security for the storage of controlled substances.
So there is a process for doing it and no part of that process is the president declaring it whatever he wants.
Fuck Firedog lake!
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Obama Lies to Jake Tapper About His Ability to Reschedule Marijuana [View all]
TalkingDog
Jan 2014
OP
The author's choice. He's been in office for 5+ years, the MJ debate has been going on most of that
TalkingDog
Jan 2014
#2
He is a constitutional scholar and historian. I am pretty sure he knows he can use a EO
Doctor_J
Feb 2014
#66
Well, first of all, what is and isn’t a Schedule One narcotic is a job for Congress.
Luminous Animal
Jan 2014
#18
So.... he's telling lies because he's got a lot on his plate? And that makes it okay.
TalkingDog
Jan 2014
#9
Agreed. Plus, while the question was specific about changing it from a class I drug, Obama was
okaawhatever
Jan 2014
#11
See how evil drugs are? Obama's not even smoking pot and it's making him say stuff that's not true
Fumesucker
Jan 2014
#6
I guess eventually they will have to go arrest the state of Washington and Colorado.
Rex
Jan 2014
#15
Can you cite a treaty that requires cannabis to be Schedule One? If not, you have no
Bluenorthwest
Feb 2014
#38
from your link,it is obama stopping the change other nation are asking for
questionseverything
Feb 2014
#57
I would explain to you how you're completely wrong, but 1Strong already did so
alcibiades_mystery
Feb 2014
#22
Nuance will be lost on many here, I'm afraid. But thanks for doing the research.
randome
Feb 2014
#34
It's time to walk away from the global drug treaties. They are toothless, anyway.
Comrade Grumpy
Feb 2014
#49
"[EO]...implements or interprets a federal statute, a constitutional provision, or a treaty."
Cerridwen
Feb 2014
#39
If it's for Congress, why has the DEA considered three separate rescheduling petitions?
Comrade Grumpy
Feb 2014
#48
not relying on any after election promises. And I find it offensive when politicians wait on taking
liberal_at_heart
Feb 2014
#71