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xchrom

(108,903 posts) Sat Mar 9, 2013, 08:56 AM Mar 2013

Let states legalise marijuana, Eric Holder: you know it makes sense

http://www.guardian.co.uk/commentisfree/2013/mar/09/states-legalise-marijuana-eric-holder

Pro-cannabis protesters were celebrating in Colorado and Washington, after the 2012 election. Photograph: Alan Porritt/EPA

Every once in a while, an opportunity arises to do the right thing, the common sense thing.

Right now, US Attorney General Eric Holder has such an opportunity. He is "reviewing" the federal government's options for dealing with the nettlesome fact that two US states have now enacted laws legalizing and regulating the personal use of marijuana.

Faced with a similar problem with those several states that have legalized medical marijuana use, Holder and the US attorneys in those states have essentially declared war on cannabis dispensers. They have gone so far as to deploy the heavy hand of the federal government to threaten landlords with seizure of property used for dispensaries operating in accordance with state and local laws. And all this is occurring despite President Obama having suggested the government has better things to do with its limited resources than prosecute medical marijuana businesses and users.

Now, Attorney General Holder – and ultimately, his boss, the president – have to come to grips with the reality of two states whose voters have decided that modern-day Prohibition should end. Interestingly, President Obama carried both Washington and Colorado on the same ballot on which the marijuana legalization measures appeared. That shouldn't matter, but …

6 replies

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Let states legalise marijuana, Eric Holder: you know it makes sense (Original Post) xchrom Mar 2013 OP

It was reported that in Colorado 50,000 more people voted to legalize than voted for Pres Obama. Scuba Mar 2013 #1

Do they or do they not respect the will of the people as expressed at the ballot box? Bluenorthwest Mar 2013 #2

Congress needs to change the law..it's a federal law and therein lies the problem. shraby Mar 2013 #3

The president can direct holder to de-prioritize marijuana prosecutions Warren Stupidity Mar 2013 #4

Thank you for that information. It's amazing-- Jackpine Radical Mar 2013 #5

BTW... Buddyblazon Mar 2013 #6

Scuba

(53,475 posts)

1. It was reported that in Colorado 50,000 more people voted to legalize than voted for Pres Obama.

Reply to xchrom (Original post)

Sat Mar 9, 2013, 08:59 AM

Mar 2013

Bi-partisan support is what I call that.

Bluenorthwest

(45,319 posts)

2. Do they or do they not respect the will of the people as expressed at the ballot box?

Reply to xchrom (Original post)

Sat Mar 9, 2013, 09:20 AM

Mar 2013

They should because the same voters gave them any and all authority they might mistake for their own.

shraby

(21,946 posts)

3. Congress needs to change the law..it's a federal law and therein lies the problem.

Reply to xchrom (Original post)

Sat Mar 9, 2013, 10:08 AM

Mar 2013

Warren Stupidity

(48,181 posts)

4. The president can direct holder to de-prioritize marijuana prosecutions

Reply to shraby (Reply #3)

Sat Mar 9, 2013, 10:43 AM

Mar 2013

and the sequester can be used to defund dea pot investigations. Yes he can.

Actually there is a more direct process to complete legalization by the executive branch.

The Controlled Substances Act also provides for a rulemaking process by which the United States Attorney General can reschedule cannabis administratively. These proceedings represent the only means of legalizing medical cannabis without an act of Congress. Rescheduling supporters have often cited the lengthy petition review process as a reason why cannabis is still illegal.[17] The first petition took 22 years to review, and the second took 7 years. In 2002, the Coalition for Rescheduling Cannabis filed a third petition.

The United States Code, under Section 811 of Title 21,[18] sets out a process by which cannabis could be administratively transferred to a less-restrictive category or removed from Controlled Substances Act regulation altogether. The Drug Enforcement Administration (DEA) evaluates petitions to reschedule cannabis. However, the Controlled Substances Act gives the Department of Health and Human Services (HHS), as successor agency of the Department of Health, Education, and Welfare, great power over rescheduling decisions.
After the DEA accepts the filing of a petition, the agency must request from the HHS Secretary "a scientific and medical evaluation, and his recommendations, as to whether such drug or other substance should be so controlled or removed as a controlled substance." The Secretary's findings on scientific and medical issues are binding on the DEA. The HHS Secretary can even unilaterally legalize cannabis: "f the Secretary recommends that a drug or other substance not be controlled, the Attorney General shall not control the drug or other substance." 21 U.S.C. § 811b.

http://en.wikipedia.org/wiki/Removal_of_cannabis_from_Schedule_I_of_the_Controlled_Substances_Act

Jackpine Radical

(45,274 posts)

5. Thank you for that information. It's amazing--

Reply to Warren Stupidity (Reply #4)

Sat Mar 9, 2013, 10:57 AM

Mar 2013

I never really realized that these administrative routes existed; I always thought you'd have to get it past the Tea Party, all of whom obviously missed out on any form of enlightenment in the 60's and are certain that the stuff causes young brains to degenerate into liberalism and socialism and whatnot.

Buddyblazon

(3,014 posts)

6. BTW...

Reply to xchrom (Original post)

Sun Mar 10, 2013, 08:16 AM

Mar 2013

the only dispensaries that have been bothered here have been the ones blatantly breaking the rules. Once you upset the local authorities, that's when the busts happen. After all, local authorities are the ones that call the feds.

I'm kind of tired of people constantly telling us how Obama is going after dispensaries. But there has only been a handful of disruptions by the feds out of 100's of dispensaries here in Colorado.

We've gone over all these things with our pot lawyer. That's right. I'm not pulling these statements out of my ass. The Obama administration hasn't done shit to compliant Colorado marijuana businesses.

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