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TalkingDog

(9,001 posts)
Fri Jan 31, 2014, 06:13 PM Jan 2014

Obama Lies to Jake Tapper About His Ability to Reschedule Marijuana

http://justsaynow.firedoglake.com/2014/01/31/obama-lies-to-jake-tapper-about-his-ability-to-reschedule-marijuana/

The Controlled Substance Act explicitly gives the executive branch the responsibility to change the schedule of any drug without needing to go through Congress. President Obama is either ignorant about his duties or straight up lied to Jack Tapper when directly asked about this. From the CNN interview:


[TAPPER] Or are you considering not making marijuana a Schedule One narcotic?

OBAMA: Well, first of all, what is and isn’t a Schedule One narcotic is a job for Congress. It’s not…

TAPPER: I think it’s the DEA that decides…

OBAMA: It’s – it’s not – it’s not something by ourselves that we start changing. No, there are laws under – undergirding those determinations…

TAPPER: Would you support that move?

OBAMA: But the broader point, I stand by my belief, based, I think, on the scientific evidence, that marijuana, for casual users, individual users, is subject to abuse, just like alcohol is and should be treated as a public health problem and challenge.


This statement from Obama could not be more wrong. In fact the law requires the Attorney General to make the change without Congress based on new research. As a result this DEA is frequently scheduling new drugs or moving drugs to higher or lower schedules.

*I'm not sure how interviews are viewed in terms of paragraphs. If this is too many, let me know and I'll trim it back
72 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Obama Lies to Jake Tapper About His Ability to Reschedule Marijuana (Original Post) TalkingDog Jan 2014 OP
Lie is a strong word. TheMathieu Jan 2014 #1
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
ODS is rampant at FDL struggle4progress Feb 2014 #53
hardly a surprise. Politicians frequently lie. Obama is exceptionally good at it. cali Jan 2014 #3
Well admittedly I at first thought he was simply mistaken rock Jan 2014 #8
Please see my explanation at #20 ... 1StrongBlackMan Feb 2014 #26
Like there's nothing mimi85 Jan 2014 #4
He straight out confidently made a false claim. cali Jan 2014 #5
Complete horse shit Egnever Jan 2014 #13
Could you show me the part that says it is a job for congress? Luminous Animal Jan 2014 #16
He claimed both Egnever Jan 2014 #17
Well, first of all, what is and isn’t a Schedule One narcotic is a job for Congress. Luminous Animal Jan 2014 #18
No, there are laws under – undergirding those determinations… Egnever Jan 2014 #19
Nope. Obama's flat out "first all" is a falsehood. Own it. Luminous Animal Feb 2014 #21
NO he didn't Doctor_J Feb 2014 #67
I found this little tidbit lapfog_1 Feb 2014 #63
Here's what people aren't getting Major Nikon Feb 2014 #32
But he said he can't. That's the lie Doctor_J Feb 2014 #68
That's not what he said Major Nikon Feb 2014 #69
Yeah, why should he concern himself with how the government really works? Bluenorthwest Jan 2014 #7
Or why should you for that matter? Egnever Jan 2014 #14
This gives me a chuckle ... 1StrongBlackMan Feb 2014 #27
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 wish they would treat poverty as a public health problem and challenge. Rex Jan 2014 #10
depends joshcryer Jan 2014 #12
Absolutely ... 1StrongBlackMan Feb 2014 #29
as your link notes RainDog Feb 2014 #65
I guess eventually they will have to go arrest the state of Washington and Colorado. Rex Jan 2014 #15
As with so many things, statutory ... 1StrongBlackMan Jan 2014 #20
Nice post, this is where I was going with my phone post. joshcryer Feb 2014 #24
"Not entirely wrong and there's no suggestion he lied"? ... 1StrongBlackMan Feb 2014 #25
Can you cite a treaty that requires cannabis to be Schedule One? If not, you have no Bluenorthwest Feb 2014 #38
nothing mandates cannabis as a schedule I drug RainDog Feb 2014 #46
Rec'd this thread because of your post BeyondGeography Feb 2014 #33
I hate to say this but ... 1StrongBlackMan Feb 2014 #35
I hate for you to say that, too. But I think you're right. randome Feb 2014 #36
And I suspect, that ... 1StrongBlackMan Feb 2014 #37
If you read the pdf RainDog Feb 2014 #51
Post #39 shows the case law that includes EO's that interpret treaties. n/t Cerridwen Feb 2014 #40
Replying so the FACTS, instead of kneejerk responders, can see that Pathwalker Feb 2014 #42
Interesting read...thanks..nt Jesus Malverde Feb 2014 #44
from your link,it is obama stopping the change other nation are asking for questionseverything Feb 2014 #57
seems to be the usa blocking the change questionseverything Feb 2014 #58
I would explain to you how you're completely wrong, but 1Strong already did so alcibiades_mystery Feb 2014 #22
Nitwit blogger at FDL evidently can't read worth shizz struggle4progress Feb 2014 #23
Nuance will be lost on many here, I'm afraid. But thanks for doing the research. randome Feb 2014 #34
Well done. HappyMe Feb 2014 #41
There's a conflict in strategy loyalsister Feb 2014 #47
Worst post in the thread Doctor_J Feb 2014 #60
I think that's an interesting assessment loyalsister Feb 2014 #64
It's time to walk away from the global drug treaties. They are toothless, anyway. Comrade Grumpy Feb 2014 #49
He wants the Congress to do it, so it stays done. nt bemildred Feb 2014 #28
No, He wants Congress to do it so it CAN be done ... 1StrongBlackMan Feb 2014 #30
That is a good argument too, but it agrees with mine if you think about it. bemildred Feb 2014 #31
"[EO]...implements or interprets a federal statute, a constitutional provision, or a treaty." Cerridwen Feb 2014 #39
Kicking, not for the OP, but for the sound education on the law Skidmore Feb 2014 #43
What education is that? RainDog Feb 2014 #50
OBVIOUSLY Obama did NOT lie. Coyotl Feb 2014 #45
If it's for Congress, why has the DEA considered three separate rescheduling petitions? Comrade Grumpy Feb 2014 #48
Exactly. RainDog Feb 2014 #54
Because federal agencies are tasked DevonRex Feb 2014 #70
In my neck of the woods, rescheduling happened back in the sixties ... MindMover Feb 2014 #52
"Lies"??? AZ Mike Feb 2014 #55
Maybe the Dems are going to be smart Politicalboi Feb 2014 #56
not relying on any after election promises. And I find it offensive when politicians wait on taking liberal_at_heart Feb 2014 #71
You are probably the one who is lying. gulliver Feb 2014 #59
You probably need to take a basic reading course Doctor_J Feb 2014 #61
Ok, I gotta do an eye roll on this one. gulliver Feb 2014 #62
unfortunate for Obama to be disingenuous frwrfpos Feb 2014 #72

TalkingDog

(9,001 posts)
2. The author's choice. He's been in office for 5+ years, the MJ debate has been going on most of that
Fri Jan 31, 2014, 06:18 PM
Jan 2014

Nobody thought to look it up and tell him???? Seriously?

 

Doctor_J

(36,392 posts)
66. He is a constitutional scholar and historian. I am pretty sure he knows he can use a EO
Sat Feb 1, 2014, 07:34 PM
Feb 2014

but as seen over the past five years he has absolutely no spine for tough decisions. Between his cowardice and the fact that Big Pharma makes huge bucks off of the Drug War, and many of those bucks become campaign contributions, it is not unreasonable to conclude that the president is telling a little white lie

 

cali

(114,904 posts)
3. hardly a surprise. Politicians frequently lie. Obama is exceptionally good at it.
Fri Jan 31, 2014, 06:21 PM
Jan 2014

And no, he couldn't be that ignorant. His lie isn't even shaded. He confidently claims something that isn't patently false.

rock

(13,218 posts)
8. Well admittedly I at first thought he was simply mistaken
Fri Jan 31, 2014, 06:34 PM
Jan 2014

giving him the benefit of the doubt. I took his statement on first reading to mean it's Congress's job, but not necessarily the only authority. But you're right he confidently claims otherwise.

On edit: usage/spelling.

 

1StrongBlackMan

(31,849 posts)
26. Please see my explanation at #20 ...
Sat Feb 1, 2014, 08:59 AM
Feb 2014

it'll explain why President Obama is neither "ignorant", nor did he lie, nor has he "confidently claim(ed) something that isn't patently false ... whatever that means.

mimi85

(1,805 posts)
4. Like there's nothing
Fri Jan 31, 2014, 06:21 PM
Jan 2014

else going on in the world for Obama to concern himself with. MJ will be legal sooner rather than later when the tax money in those states where it's legalized starts rolling in. Firedoglake - it figures.

 

cali

(114,904 posts)
5. He straight out confidently made a false claim.
Fri Jan 31, 2014, 06:24 PM
Jan 2014

love your lame excuses for that though.... the but, but but Firedoglake and the it doesn't really matter because MJ will be legalized soon, are quite amusing.

 

Egnever

(21,506 posts)
13. Complete horse shit
Fri Jan 31, 2014, 06:40 PM
Jan 2014

Congress certainly has the power to reclassify MJ and as Obama said

It’s – it’s not – it’s 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.



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!

Luminous Animal

(27,310 posts)
16. Could you show me the part that says it is a job for congress?
Fri Jan 31, 2014, 06:47 PM
Jan 2014

Because that is what the President claimed.

 

Egnever

(21,506 posts)
19. No, there are laws under – undergirding those determinations…
Fri Jan 31, 2014, 06:56 PM
Jan 2014

it’s not something by ourselves that we start changing. No, there are laws under – undergirding those determinations…

 

Doctor_J

(36,392 posts)
67. NO he didn't
Sat Feb 1, 2014, 07:36 PM
Feb 2014
it’s not something by ourselves that we start changing


This is the part that's a lie

lapfog_1

(29,213 posts)
63. I found this little tidbit
Sat Feb 1, 2014, 04:43 PM
Feb 2014
http://beta.congress.gov/bill/113th/house-bill/499

HR-499.

It directs the Attorney General to remove Marijuana from the DEA controlled substances act as a schedule 1 controlled substance.

However, it also directs the Comptroller General to " review federal laws, regulations, and policies to determine if changes are desirable in light of this Act."

In other words, IF you want Marijuana decriminalized, the President or Congress could direct the AG to "make it so"... BUT if you want Marijuana to be regulated like Alcohol (not available to minors, inspected for various things, quality controlled, taxed, etc), you would need Congress (at the prompting of the Comptroller General) to amend various laws to make that happen.

So, yes, the President could remove Marijuana from the DEA list of controlled substances. BUT, Congress would need to amend or pass additional legislation to make Marijuana a regulated but legal substance similar to Alcohol (and probably under the jurisdiction of the BATF).

I think "lie" is waaay too over the top here.

If I was President, I wouldn't act without Congress to remove Marijuana from the DEA list... however, I would make it not a schedule 1 controlled substance.

Major Nikon

(36,827 posts)
32. Here's what people aren't getting
Sat Feb 1, 2014, 09:18 AM
Feb 2014

What happens if the President initiates a study and the study comes back and recommends that marijuana remain a schedule 1 drug or places it on some other schedule? While it's theoretically possible for the President to ignore those recommendations, it places him in a very vicarious position politically to do so. Just because the President can do something, doesn't mean it's a great idea.

The very best path to full legalization is for congress to act.

Major Nikon

(36,827 posts)
69. That's not what he said
Sat Feb 1, 2014, 08:46 PM
Feb 2014

This is what he said...

TAPPER:

...

Or are you considering not making marijuana a Schedule One narcotic?

OBAMA: Well, first of all, what is and isn't a Schedule One narcotic is a job for Congress.


This is correct. It is a job for congress.


TAPPER: I think it's the DEA that decides...

OBAMA: It's - it's not - it's not something by ourselves that we start changing. No, there are laws under - undergirding those determinations...


This is also correct. Obama can't change it by himself. The law dictates what the process is. Read the Controlled Substances Act. It's not the DEA that decides. It's not a simple process, and if the scientific findings per the criteria specified by the law say the drug shouldn't be removed from the schedule, it would be very difficult, if not impossible for Obama to do so. It could also be rescheduled which means recreational use would still be illegal under federal law.
 

Bluenorthwest

(45,319 posts)
7. Yeah, why should he concern himself with how the government really works?
Fri Jan 31, 2014, 06:33 PM
Jan 2014

The President is massively incorrect, and that never looks good. Cannabis policy by Obama' own admission impacts the lives of millions of Americans adversely but that's not important enough for him to be informed about the basic functioning of the government which he heads? I do not agree with you at all.

 

1StrongBlackMan

(31,849 posts)
27. This gives me a chuckle ...
Sat Feb 1, 2014, 09:04 AM
Feb 2014
The President is massively incorrect, and that never looks good. Cannabis policy by Obama' own admission impacts the lives of millions of Americans adversely but that's not important enough for him to be informed about the basic functioning of the government which he heads?


Someone that is "massively incorrect" about the law AND the constitutional powers of the President, claiming:

Cannabis policy by Obama' own admission impacts the lives of millions of Americans adversely but that's not important enough for him to be informed about the basic functioning of the government which he heads.


See post #20.

TalkingDog

(9,001 posts)
9. So.... he's telling lies because he's got a lot on his plate? And that makes it okay.
Fri Jan 31, 2014, 06:34 PM
Jan 2014

Bad argumentation to try to undercut the core of the issue with "guilt by association". Just sayin'

okaawhatever

(9,462 posts)
11. Agreed. Plus, while the question was specific about changing it from a class I drug, Obama was
Fri Jan 31, 2014, 06:37 PM
Jan 2014

probably thinking of the more generic, "make it legal" or "change the existing laws" which is Congress.
I don't find Fire dog Lake to be a credible source.

Fumesucker

(45,851 posts)
6. See how evil drugs are? Obama's not even smoking pot and it's making him say stuff that's not true
Fri Jan 31, 2014, 06:32 PM
Jan 2014

Just imagine our entire society on this stuff, acting like the POTUS, we wouldn't be able to trust anyone.

It would bring a tragic end to our great country.



 

Rex

(65,616 posts)
10. I wish they would treat poverty as a public health problem and challenge.
Fri Jan 31, 2014, 06:36 PM
Jan 2014

Just kidding, I know Congress wouldn't help the needy even if the blue lights were coming down from Heaven.

RainDog

(28,784 posts)
65. as your link notes
Sat Feb 1, 2014, 06:55 PM
Feb 2014
Cannabis could be rescheduled either legislatively, through Congress, or through the executive branch. Congress has so far rejected all bills to reschedule cannabis. However, it is not unheard of for Congress to intervene in the drug scheduling process; in February 2000, for instance, the 105th Congress, in its second official session, passed Public Law 106-172, also known as the Hillory J. Farias and Samantha Reed Date-Rape Drug Prohibition Act of 2000,[14] adding GHB to Schedule I.[15] On June 23, 2011, Rep. Barney Frank and Rep. Ron Paul introduced H.R. 2306,[16] legislation that would completely remove cannabis from the federal schedules, limiting the federal government's role to policing cross-border or interstate transfers into states where it remains illegal.

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.[3] The first petition took 22 years to review, the second took 7 years, the third was denied 9 years later. A 2013 petition by two state governors is still pending.
 

Rex

(65,616 posts)
15. I guess eventually they will have to go arrest the state of Washington and Colorado.
Fri Jan 31, 2014, 06:43 PM
Jan 2014

I don't care what he says, he knows exactly what pot IS and I don't expect him to come out and say, "yes kids smoke a lot of dope and go to school" NO sane person would expect that.

He knows things are changing and once again he is trying to figure out how to work with the loony side of Congress. Which is always a non-starter. How do you work with people that have PLEDGED to obstruct everything you do or suggest?

Looks like he is playing the 'wait and see' game.

 

1StrongBlackMan

(31,849 posts)
20. As with so many things, statutory ...
Fri Jan 31, 2014, 07:08 PM
Jan 2014

things are never as simple as folks would have it

{Disclosure: I am in favor of legalization/decriminalization of ALL drugs; and rather than treat drug use/abuse as a criminal matter, support a policy of treating it as a public health matter ... just like cigarettes and booze. But none-the-less, the law is the law!}

Okay here we go ... What does the law say?

Controlled Substances Act

TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT

...

PART B - AUTHORITY TO CONTROL; STANDARDS AND SCHEDULES

§ 811. Authority and criteria for classification of substances.
(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) of section 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.fda.gov/regulatoryinformation/legislation/ucm148726.htm


Simple ... that solves it, right? Well ... Not really. Let's look at that again:

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 {Emphasis added}, the Attorney General may by rule ...

http://www.fda.gov/regulatoryinformation/legislation/ucm148726.htm


What do subsections (d) and (e) say are the exceptions?

{in pertinent part} (d) International treaties, conventions, and protocols requiring control; procedures respecting changes in drug schedules of Convention on Psychotropic Substances (1) If control is required by United States obligations under international treaties, conventions, or protocols in effect on October 27, 1970, the Attorney General shall issue an order controlling such drug under the schedule he deems most appropriate to carry out such obligations, without regard to the findings required by subsection (a) of this section or section 812(b) of this title and without regard to the procedures prescribed by subsections (a) and (b) of this section.

http://www.fda.gov/regulatoryinformation/legislation/ucm148726.htm


How does this fit? Well ... There are at least three International Treaties, conventions, and/or protocols, that take the authority to add or drop a drug from the Control Substances Schedules, out of the DoJ's hands.

http://www2.nycbar.org/pdf/report/uploads/3_20072283-InternationalDrugControlTreaties.pdf

The law is NEVER simple. And your not fully understanding a law does not make another's correct statement regarding that law, a lie.



joshcryer

(62,276 posts)
24. Nice post, this is where I was going with my phone post.
Sat Feb 1, 2014, 06:21 AM
Feb 2014

In theory it could be done, but not within the obligations of treaty, and guess who decides treaty? Congress. The President cannot unilaterally modify treaties. The US could do it in a flick of a pen, but then you have international obligations you have to worry about, because once the US legalizes, it is effectively legalized in all of those countries.

Rescheduling is going to take a years long process, much like DADT, there will have to be significant retraining of officers domestically, and there will have to be drawdown of DEA efforts abroad, as well as support systems for those countries who would be compelled to deschedule.

Obama was not entirely wrong and there's no suggestion he lied, he's just not the kind of person who would cause such a wide ranging change to treaty, and even if he knew he could do it overnight, he wouldn't because he's a responsible, careful minded and thoughtful President.

 

1StrongBlackMan

(31,849 posts)
25. "Not entirely wrong and there's no suggestion he lied"? ...
Sat Feb 1, 2014, 08:53 AM
Feb 2014

President Obama was in no way wrong and he did not lie. The President, no President can unilaterally change the terms of an international treaty/treaties.

But you are correct ... here, again, President Obama has proven himself to be "a responsible, careful minded and thoughtful President."

 

Bluenorthwest

(45,319 posts)
38. Can you cite a treaty that requires cannabis to be Schedule One? If not, you have no
Sat Feb 1, 2014, 10:51 AM
Feb 2014

argument. Reschedule does not legalize. Schedule One is the most controlled level, Meth and Heroine are less restricted and are claimed to have medical value. Treaties speak of legality of drugs, not of administrative scheduling of those drugs and they do not dictate those schedule levels. If cannabis was moved to the same schedule as Meth, it would still be illegal, like Meth, but a doctor could prescribe it and States could make regulations around it.
Show me this treaty that says Meth can be level 2 but cannabis must remain schedule 1. If you can't show it, it does not exist. And it does not exist.
To reschedule is not to legalize. It is not restricted by treaty, although legalization just might be. But schedule 2 drugs are still illegal, Meth is illegal, very much so. So changing the scheduling is not the same as legalizing. And only legalization is a possible treaty issue. Scheduling is not, that's purely our own business.

RainDog

(28,784 posts)
46. nothing mandates cannabis as a schedule I drug
Sat Feb 1, 2014, 01:59 PM
Feb 2014

Last edited Sat Feb 1, 2014, 02:57 PM - Edit history (1)

other than the supposedly temporary scheduling of cannabis as schedule I in the 1970s.

Holder, the DEA or Congress can change marijuana's drug scheduling without conflicting with international treaties - and the Single Convention is often interpreted as a statute dealing with trafficking, not individual use.

We already have three four nations (the U.S. via CO and WA, Uruguay, Canada, and Israel) in violation of the Single Convention in regard to cannabis, and the Single Convention itself is under attack by many European and South American nations that think it is obsolete.

I think Obama wants Congress to address this, but that doesn't mean Holder or the DEA could not do so. The Controlled Substances Act specifically mandated three routes by which scheduling could change - and those are the three.

I think his remarks have more to say about the backward ass nature of Congress and the desire of the DEA to protect its funding since most of the arrests for cannabis in the U.S. are for simple possession. They don't want to lose the gravy train that prohibition has been for them.

So, he's just putting off the issue. I understand this - but he doesn't explicitly say others cannot reschedule - he says Congress needs to do so. He said he wants Congress to do its job and make the schedule reflect the reality that Congress itself has declared marijuana has medical value by funding the law to create medical marijuana shops in DC.

eta: In fact, every nation that currently allows Sativex as a drug on its legal schedule of drugs contradicts the U.S. Controlled Substances Act. Those nations include Canada, Israel, Spain, Germany, Norway, and Great Britain, which was the first nation to legalize cannabis with the approval of Sativex as a prescription drug in 2010/

BeyondGeography

(39,377 posts)
33. Rec'd this thread because of your post
Sat Feb 1, 2014, 09:25 AM
Feb 2014

Intuitively, I look at threads like this and ask myself when is the last time the President mangled a basic statement on the law? He is not only an expert in both language and law, but very careful in his treatment of each when it comes to public statements. Looks like he's done it again...

 

1StrongBlackMan

(31,849 posts)
35. I hate to say this but ...
Sat Feb 1, 2014, 09:33 AM
Feb 2014

it appears that this President is TOO smart for the American people. He is informed and thoughtful; Americans don't do informed (except by sound bites), or thoughtfulness (except when told to think what they already believe). His downfall seems to be that he (the Professor) expects that his students (the public) can keep up ... but that requires being informed and thoughtfulness.

 

randome

(34,845 posts)
36. I hate for you to say that, too. But I think you're right.
Sat Feb 1, 2014, 09:38 AM
Feb 2014

[hr][font color="blue"][center]Don't ever underestimate the long-term effects of a good night's sleep.[/center][/font][hr]

 

1StrongBlackMan

(31,849 posts)
37. And I suspect, that ...
Sat Feb 1, 2014, 09:57 AM
Feb 2014

is at the base of much of the intelligentsia's angst, with respect to this President.

"He is so dumb; we are so much smarter"

"He's right ... Well, we can't be dumb, so he must be dishonest."

"He's honest ... Well, we are smarter and better informed."

"We're not smarter or better informed."

Next topic, disappearing from the first: "He is so dumb; we are so much smarter" ...

RainDog

(28,784 posts)
51. If you read the pdf
Sat Feb 1, 2014, 03:06 PM
Feb 2014

you'd see that the lawyers talk about the coca leaf exception for Bolivia. A special exception to the Single Convention was made for the indigenous people of Bolivia to chew coca leaves (which, when processed, become cocaine.)

Since marijuana is a plant, not a synthesized or processed plant, it would fall under that same exception - if the law wanted to be consistent. It could well be argued that marijuana is part of American cultural life and, in fact, it has been argued that marijuana and the invention of jazz are inseparable.

So, the reality is that it is not cut and dried that law as it exists is set in stone for the AG.

Also, as I note, nations have already decided to ignore the Single Convention in relation to marijuana. Therefore, a precedent exists for nations to interpret the Single Convention as they choose - and many nations choose to interpret the Single Convention as something applicable to trafficking but not use.

As far as Obama goes - he actually said he wants Congress to address this by going through the process that is traditionally part of their job.

However, with a teabagger House, any reasonable person could determine that Congress is incapable of performing this function because they lack the intelligence to apply the law in a reasonable manner.

Pathwalker

(6,598 posts)
42. Replying so the FACTS, instead of kneejerk responders, can see that
Sat Feb 1, 2014, 12:59 PM
Feb 2014

they're wrong again - so soon after the the last time.
Thank you for the FACTS.

questionseverything

(9,657 posts)
57. from your link,it is obama stopping the change other nation are asking for
Sat Feb 1, 2014, 03:22 PM
Feb 2014

Gustavo de Greiff, former Attorney General of Colombia and also former Colombian Ambassador to Mexico, ―The majority of the representatives of the American countries, as well as the Caribbean, were for abandoning the actual strategy and replacing it with a regulation of production, commercialization, and consumption.‖ Following the conference, President Obama stated that ―The United States will not be going in this direction … I personally, and my Administration‟s position is, that legalization is not the answer.‖

questionseverything

(9,657 posts)
58. seems to be the usa blocking the change
Sat Feb 1, 2014, 03:42 PM
Feb 2014

Governmental bodies have also occasionally commented on the state of the system. The European Parliament has taken the position that ―…the policy of prohibiting drugs, based on the UN Conventions of 1961, 1971 and 1988, is the true cause of the increasing damage that the production of, trafficking in, and sale and use of illegal substances are inflicting on whole sectors of society, on the economy and on public institutions, eroding the health, freedom and life of individuals…”

your link..http://www2.nycbar.org/pdf/report/uploads/3_20072283-InternationalDrugControlTreaties.pdf

actually makes it worse,i can see why the potus would not want to do this on his own but your link shows he is actively fighting the world and his own citizens on this

sigh

 

alcibiades_mystery

(36,437 posts)
22. I would explain to you how you're completely wrong, but 1Strong already did so
Sat Feb 1, 2014, 01:56 AM
Feb 2014

You're completely wrong, by the way.

struggle4progress

(118,316 posts)
23. Nitwit blogger at FDL evidently can't read worth shizz
Sat Feb 1, 2014, 03:06 AM
Feb 2014
US Code, Title 2, Chapter 13, Subchapter I, Part B, § 812 ...
(c) Initial schedules of controlled substances
Schedules I, II, III, IV, and V shall, unless and until amended [1] pursuant to section 811 of this title, consist of the following drugs or other substances, by whatever official name, common or usual name, chemical name, or brand name designated:
Schedule I ...
(c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: ...
(10) Marihuana ...


It's not immediately clear exactly what flexibility this language provides with respect tio marijuana: the language apparently confers on the Attorney General some authority under § 811 to reschedule a "any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation" -- but in such § 811 rescheduling the Attorney General is bound by the "recommendations of the Secretary to the Attorney General" "as to .. scientific and medical matters" and is also bound by international treaty and notices from the Secretary-General of the United Nations. The UN's International Narcotics Control Board complained to Holder last March that state legalization of marijuana violated international treaties to which the US is party, which has some relevance since under the Constitution Art IV par 2, This Constitution, and the Laws .. made in Pursuance thereof; and all Treaties .. under the Authority of the United States, shall be the supreme Law of the Land .. any Thing in the Constitution or Laws of any State to the Contrary notwithstanding




 

randome

(34,845 posts)
34. Nuance will be lost on many here, I'm afraid. But thanks for doing the research.
Sat Feb 1, 2014, 09:27 AM
Feb 2014

[hr][font color="blue"][center]You should never stop having childhood dreams.[/center][/font][hr]

loyalsister

(13,390 posts)
47. There's a conflict in strategy
Sat Feb 1, 2014, 02:21 PM
Feb 2014

Individual states are challenging the federal law voluntarily. I think forcing them to change would cause unnecessary conflict.
This is no small change and the expectations of the acceptance of it should take into account local laws and culture.

 

Doctor_J

(36,392 posts)
60. Worst post in the thread
Sat Feb 1, 2014, 04:00 PM
Feb 2014

Luckily LBJ didn't let voting rights be up to the states, because of laws and culture.

man, some of these excuses get downright idiotic.

loyalsister

(13,390 posts)
64. I think that's an interesting assessment
Sat Feb 1, 2014, 05:50 PM
Feb 2014

A constitutional right to get stoned vs voting?? Abandoning logic and creating ridiculous false equivilencies does not help this cause.

 

Comrade Grumpy

(13,184 posts)
49. It's time to walk away from the global drug treaties. They are toothless, anyway.
Sat Feb 1, 2014, 02:45 PM
Feb 2014

Uruguay just told them to fuck off. I don't see an armada forming of Montevideo.

Bolivia just rejected part of the 1961 Single Convention on Narcotic Drugs, the part that says the coca plant is a narcotic drug. I don't see the blockades going up.

As indicated in the excerpt above, the INCB's main power is the power to nag.

The UN anti-drug bureaucrats also consider things like safe injection sites to violate the treaties.

They can go cry their crocodile tears in Vienna.

 

1StrongBlackMan

(31,849 posts)
30. No, He wants Congress to do it so it CAN be done ...
Sat Feb 1, 2014, 09:11 AM
Feb 2014

The President doesn't have the constitutional authority to alter Treaties ... on Congress does.

bemildred

(90,061 posts)
31. That is a good argument too, but it agrees with mine if you think about it.
Sat Feb 1, 2014, 09:14 AM
Feb 2014

I'm on you side, right?
And people don't get it, right?
So additional reasons can help?
What is done by executive authority can be reversed by executive authority?

Cerridwen

(13,258 posts)
39. "[EO]...implements or interprets a federal statute, a constitutional provision, or a treaty."
Sat Feb 1, 2014, 10:51 AM
Feb 2014
Executive Order

A presidential policy directive that implements or interprets a federal statute, a constitutional provision, or a treaty.

<snip>

Most executive orders are issued under specific statutory authority from Congress and have the force and effect of law. Such executive orders usually impose sanctions, determine legal rights, limit agency discretion, and require immediate compliance. Federal courts consider such orders to be the equivalent of federal statutes. In addition, regulations that are enacted to carry out these executive orders have the status of law as long as they reasonably relate to the statutory authority. An administrative action that is carried out under a valid executive order is similar to an agency action that is carried out under a federal statute. In each case, the agency's authority to enact rules and to issue orders comes from Congress.

<snip>

Executive orders have been used to influence issues in hundreds of areas. War-related activities are among the most frequently addressed. For example, in September 1939, President franklin d. roosevelt prescribed regulations governing the enforcement of the neutrality of the United States "in the war then being fought between Germany and France; Poland; and the United Kingdom, India, Australia, and New Zealand" (Exec. Order No. 8,233, 4 Fed. Reg. 3,822). By February 1942, the United States had joined World War II, and Roosevelt had ordered the confinement of Japanese-Americans to internment camps following the bombing of Pearl Harbor in January 1941 (Exec. Order No. 9,066, 7 Fed. Reg. 1,407). In March 1947, following the war, President Harry S. Truman established loyalty review boards to discharge civilian government employees who had been disloyal during the war (Exec. Order No. 9835, 3 C.F.R. 627 (1943–1948), revoked by Exec. Order No. 10,450, 3 C.F.R. 936 (1949–1953). In January 1977, following the Vietnam War, President jimmy carter directed the U.S. attorney general to cease investigating and indicting Vietnam War draft evaders (Exec. Order No. 11,967, 42 Fed. Reg. 4,393). In December 1995, President bill clinton ordered the U.S. reserve armed forces into active duty to augment the active armed forces' operations in and around the former Yugoslavia (Bosnia) (Exec. Order No. 12,982, 60 Fed. Reg. 63,895).

<snip>


A search of the archives of EOs having to do with EOs and treaties:

A couple of those EOs having to do with treaties:

Executive Order 11177--Providing for certain arrangements under the Columbia River Treaty

Executive Order 12215--Delegation of Panama Canal functions

There is also this EO from President Clinton, Implementation of Human Rights Treaties (PDF warning).

They also carry the weight of law from one administration to the next unless, of course, the next administration issues an EO (or Presidential Directive) to remove the previous EO (or PD).

MEMORANDUM FOR THE COUNSEL COUNSEL TO THE PRESIDENT

You have asked our opinion whether there is any substantive legal difference between an executive order and a presidential directive. As this Office has consistently advised, it is our opinion that there is no substantive difference in the legal effectiveness of an executive order and a presidential directive that is not styled as an executive order. We are further of the opinion that a presidential directive would not automatically lapse upon a change of administration; as with an executive order, unless otherwise specified, a presidential directive would remain effective until subsequent presidential action is taken.

<snip>

Moreover, as with an executive order, a presidential directive would not lose its legal effectiveness upon a change of administration. Rather, in our view, because a presidential directive issues from the Office of the Chief Executive, it would remain in force, unless otherwise specified, pending any future presidential action. Cf. Memorandum for Michael J. Egan, Associate Attorney General, from John M. Harmon, Acting Assistant Attorney General, Office of Legal Counsel, Re: Proposed Amendments to 28 CFR 16, Subpart B (Apr. 21, 1977) (raising possible concerns about a proposal to delegate to the Deputy Attorney General certain authorities to invoke executive privilege because such a delegation could potentially be inconsistent with a 1969 Memorandum from President Nixon on executive privilege). Indeed, Presidents have frequently used written forms other than executive orders to take actions that were intended to have effect during a subsequent administration. For example, delegations of presidential authority under 3 U.S.C. § 301 have been made pursuant to presidential memoranda. (1) See also, e.g., Establishing a Federal Energy Management Program, 3 Pub. Papers Gerald R. Ford 1015 (Nov. 4, 1976) (including a directive to be carried out for FY 1977).

<snip>


(all bolded added for emphasis)

Yes, EOs can be used to interpret treaties. Check case law rather than statutes without the interpretation of their impact as determined by case law and Solicitors' Opinions.

As already noted upthread: "it's never as simple as people think."




Skidmore

(37,364 posts)
43. Kicking, not for the OP, but for the sound education on the law
Sat Feb 1, 2014, 01:02 PM
Feb 2014

that takes place down thread. Sometimes outrage is not enough. You actually need to do some work on the basics.

RainDog

(28,784 posts)
50. What education is that?
Sat Feb 1, 2014, 02:54 PM
Feb 2014

The one that notes the CSA has three provisions for changing a drug's scheduling - and those three are Congress, the DEA and the AG office.

The Single Convention on Narcotics has nothing to say about how drugs are scheduled in any particular country - is that the education you're referring to?

The statements, above, that claim the AG cannot reschedule because of our existing treaties is not factual. Is that the education you're referring to?

The fact that this is misrepresented here?

 

Coyotl

(15,262 posts)
45. OBVIOUSLY Obama did NOT lie.
Sat Feb 1, 2014, 01:10 PM
Feb 2014

He did a great job of making sure he told the truth. Schedule One narcotics are a matter for Congress to decide. And, there is a set of laws undergirding the determinations.

That said, I still call BS because the DEA has changed the schedule on its own without Congressional action. They can do it again. However, Congress is the best way to do it.

 

Comrade Grumpy

(13,184 posts)
48. If it's for Congress, why has the DEA considered three separate rescheduling petitions?
Sat Feb 1, 2014, 02:40 PM
Feb 2014

And rejected them?

Because the executive branch has the ability to to reschedule drugs under the CSA.

RainDog

(28,784 posts)
54. Exactly.
Sat Feb 1, 2014, 03:19 PM
Feb 2014

And the refusal to consider the rescheduling was one of those bureaucratic bullshit lessons. The DEA referred to the FDA on medical benefit, which referred to the DEA with current scheduling.

This is why the DEA should have marijuana removed from its oversight - because of this continuous abuse of power with that oversight.

DevonRex

(22,541 posts)
70. Because federal agencies are tasked
Sat Feb 1, 2014, 11:20 PM
Feb 2014

with certain jobs. DEA is tasked with determining the status of drugs. If someone wishes to change the schedule of pot, they petition DEA, who then follow the law on whether they can reschedule pot.

Who else would a citizen petition for rescheduling a drug? EPA? Transportation? Do you understand how this works? Congress writes laws. Agencies interpret and enforce them. Do you see Senators arresting people? No. I wonder why that is.

 

Politicalboi

(15,189 posts)
56. Maybe the Dems are going to be smart
Sat Feb 1, 2014, 03:19 PM
Feb 2014

And use Marijuana as a plus for their campaigns in 2014. If Obama rescheduled MJ that could blow that out of the water for them. We're almost there, I bet after 2014, or when he leaves office they will change it.

liberal_at_heart

(12,081 posts)
71. not relying on any after election promises. And I find it offensive when politicians wait on taking
Sat Feb 1, 2014, 11:31 PM
Feb 2014

action on an issue until election time. There are sick people who need medicinal marijuana and to play political games with this is cruel.

gulliver

(13,186 posts)
59. You are probably the one who is lying.
Sat Feb 1, 2014, 03:51 PM
Feb 2014

If you don't know for a fact that Obama was deliberately saying something he did not know to be true, then that makes you the liar.

You didn't say "I think Obama lies." You didn't say "Obama may be lying." You said "Obama Lies." You can't know that. So I think you, unfortunately, are the one lying.

 

Doctor_J

(36,392 posts)
61. You probably need to take a basic reading course
Sat Feb 1, 2014, 04:02 PM
Feb 2014

From the OP, excerpted from the fdl article:

President Obama is either ignorant about his duties or straight up lied to Jack Tapper when directly asked about this.


1. The fdl author, not the OP made the statement
2. Said author left room for the president to be ignorant of his duties rather than lying.
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