Obama really could magically make the medical marijuana issue disappear...

[DirkGently]

34. Except that it isn't. Drug scheduling is up to the AG. So is much of enforcement.

And the DOJ is part of the Executive Branch, under the President. So, no, it's not up to the legislature. As for DADT, that's supposed to be a big Obama victory, right? Can't have it both ways.

USC › Title 21 › Chapter 13 › Subchapter I › Part B › § 811
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21 USC § 811 - AUTHORITY AND CRITERIA FOR CLASSIFICATION OF SUBSTANCES

USC-prelim
US Code
Notes
Currency
Authorities (CFR)

This preliminary release may be subject to further revision before it is released again as a final version. As with other online versions of the Code, the U.S. Code Classification Tables should be consulted for the latest laws affecting the Code. Those using the USCPrelim should verify the text against the printed slip laws available from GPO (Government Printing Office), the laws as shown on THOMAS (a legislative service of the Library of Congress), and the final version of the Code when it becomes available.

Current through Pub. L. 112-90. (See Public Laws for the current Congress.)

(a) Rules and regulations of Attorney General; hearing
The Attorney General shall apply the provisions of this subchapter to the controlled substances listed in the schedules established by section 812 of this title and to any other drug or other substance added to such schedules under this subchapter. Except as provided in subsections (d) and (e) of this section, the Attorney General may by rule—
(1) add to such a schedule or transfer between such schedules any drug or other substance if he—
(A) finds that such drug or other substance has a potential for abuse, and
(B) makes with respect to such drug or other substance the findings prescribed by subsection (b) ofsection 812 of this title for the schedule in which such drug is to be placed; or
(2) 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.

http://www.law.cornell.edu/uscode/text/21/811


There is zero possibility that the huge surge in anti-pot enforcement by DOJ is occurring without the administration's support. Or, if so, the administration's own DOJ is defying its wishes, which would be indicative of an even larger problem.

The only similarity to this issue, the public option, and DADT is a desire to give the administration credit for making good policy happen, and exempt it from responsibility for bad policy. Policy is not a "magic wand." It's what we elect government leaders to do. The fact that it doesn't change all at once does not make it "magic." And in the case of marijuana policy, this administration not only not showing any signs of beginning to do the right thing, it is either condoning or encouraging the wrong thing.

It is our job as constituents to point that out.