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In reply to the discussion: Eric Holder Would Be 'Glad To Work With Congress' To Reschedule Marijuana [View all]RainDog
(28,784 posts)6. This is an issue for Congress
As set up by the Controlled Substances Act - tho, yes, he could call for rescheduling - and I have encouraged that - BUT
at this time, members of Congress are also using the legislature to call for Obama to uphold federal drug laws in CO and WA
House Republicans Want To Sue The President For Not Arresting People For Marijuana
http://www.huffingtonpost.com/2014/03/14/republicans-force-obama-legal-marijuana_n_4964995.html
Introduced by Reps. Trey Gowdy (R-S.C.), Darrell Issa (R-Calif.), Jim Gerlach (R-Pa.) and House Judiciary Committee Chairman Bob Goodlatte (R-Va.), the ENFORCE the Law Act (H.R. 4138) would allow the House or the Senate to sue the president for "failure to faithfully execute federal laws," including those related to immigration, health care and marijuana.
A Judiciary Committee report submitted by Goodlatte last week regarding H.R. 4138 chastised the Obama administration for selective enforcement of the Controlled Substance Act, which prohibits marijuana outright. "The decision by the Obama administration not to enforce the CSA in entire states is not a a valid exercise of prosecutorial discretion," the report reads. "The guidance of U.S. Attorneys establishes a formal, department-wide policy of selective non-enforcement of an Act of Congress. This infringes on Congress's lawmaking authority, by, in effect, amending the flat prohibitions of the CSA to permit the possession, distribution, and cultivation of marijuana so long as that conduct is in compliance with state law."
The report goes on to describe the Obama administration's actions on marijuana policy as an "impermissible suspension of the law by executive fiat."
But Rep. Earl Blumenauer (D-Ore.) told The Huffington Post that he is not alone in the Capitol in his support of the administration's position not to interfere with state marijuana laws, adding that while states continue to craft sensible marijuana policy, Congress continues to drag its feet with bills like this one.
A Judiciary Committee report submitted by Goodlatte last week regarding H.R. 4138 chastised the Obama administration for selective enforcement of the Controlled Substance Act, which prohibits marijuana outright. "The decision by the Obama administration not to enforce the CSA in entire states is not a a valid exercise of prosecutorial discretion," the report reads. "The guidance of U.S. Attorneys establishes a formal, department-wide policy of selective non-enforcement of an Act of Congress. This infringes on Congress's lawmaking authority, by, in effect, amending the flat prohibitions of the CSA to permit the possession, distribution, and cultivation of marijuana so long as that conduct is in compliance with state law."
The report goes on to describe the Obama administration's actions on marijuana policy as an "impermissible suspension of the law by executive fiat."
But Rep. Earl Blumenauer (D-Ore.) told The Huffington Post that he is not alone in the Capitol in his support of the administration's position not to interfere with state marijuana laws, adding that while states continue to craft sensible marijuana policy, Congress continues to drag its feet with bills like this one.
Holder, imo, is making a counter move to this action on the part of Republicans.
Congress is the body that needs to respond to the will of the people, who do support legalization in greater and greater numbers, rather than pander to their for-profit-prison lobbyists... who, btw, get bills passed in Republican-controlled states to assure those for-profit-prisons have high occupancy rates by removing sentencing discretion in various ways.
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Eric Holder Would Be 'Glad To Work With Congress' To Reschedule Marijuana [View all]
MindMover
Apr 2014
OP
Well, Congress makes law. If the law is to be changed, without any suggestions that
MADem
Apr 2014
#67
Congress is too busy trying to have him tossed out of office for being black on the job.
Spitfire of ATJ
Apr 2014
#3
It's funny how now that Rick Perry is not running for Texas Governor again his opinions are
Dustlawyer
Apr 2014
#14
If Holder has the power under the CSA to remove marijuana from the Schedule I list
mountain grammy
Apr 2014
#15
Unfortunately ... Big Money again ... but we are finally getting to know exactly who they are ...
MindMover
Apr 2014
#23
"Remember. When you are indignant, you can't be fully with the people you love here at DU..."
jtuck004
Apr 2014
#34
Rescheduling is not a pancea and would not accomplish what most people think it would
Sgent
Apr 2014
#36
'Expertise exists in Congress." I almost choked on that gem. Wish to God they did have expertise.
Stardust
Apr 2014
#55
The administration could do that without Congress...this is just politicking. Means little
NorthCarolina
Apr 2014
#42
I'd be impressed if voters would elect representatives in their own states to congress to do it.
freshwest
Apr 2014
#49
Most of the time there excuse is, "the people do not know what is best for them "
MindMover
Apr 2014
#66