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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to cannabis, and the Single Convention itself is under attack by many European and South American nations that think it is obsolete.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/

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
Latest Discussions»General Discussion»Obama Lies to Jake Tapper...»Reply #46