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

[RainDog]

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.