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Twitter ignores marijuana policy questions at President Obama's "Twitter Townhall"

DiscoBiscuit

DiscoBiscuit

weed fiend
Veteran
The Controlled Substances Act is the governing legislation. The DEA administers the Act, including scheduling controlled substances.

So, Congress can do it (as Congress can do anything it wants, assuming it gets the President to sign off on the legislation or gets a veto-proof majority). The DEA can also reschedule a drug but it would have to go through certain procedures before getting there - Obama can't just say "let it be so" and have that instantly be done.

A change in consensus that cannabis actually has legitimate medical uses should lead to taking it out of Schedule I, and presumably putting it in Schedule II or III; this would have to be done through the normal DEA administrative process, absent some kind of new legislation.

And yes, there are international treaties the U.S. is subject to in this area... which will remain the case until we decide we're not. Treaties are equal to federal statutes in terms of the weight of legal authority.
http://ask.metafilter.com/178885/Who-could-actually-make-weed-legal-in-the-US
Click to expand...
.
 
dagnabit

dagnabit

Game Bred
Veteran
DiscoBiscuit said:
The president nor the AG can 'executive order' the process. The process involves written law and any changes will be made according. Unless they change the law first of course.... but that would take congress to go along with it.:D
Click to expand...

(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.
Click to expand...

the law begs to differ with your act of congress theory..
and history shows congress did not create the DEA either...
 
DiscoBiscuit

DiscoBiscuit

weed fiend
Veteran
The AG is a lawyer. He can't 'find' that drugs are x or y. (Those As and Bs are up to DEA and HSS = existing law.) AG has to go through existing law or congress has to change existing law. You can say CSA was an executive order but up to now you've failed to prove it.:)
 
dagnabit

dagnabit

Game Bred
Veteran
lmao..
just read the website of the agency in question.
http://www.justice.gov/dea/history.htm

iv'e posted the links and the quotes.
failure to read on your part does not constitute failure to prove..

the section of law you sited states the AG can reschedule!

iv'e posted the actual text of the law with supporting links.
you posted op ed blogs and wikki links..

nice run at it DB but the law clearly states the AG can reclassify.
the sec. of HHS however can not as you previously asserted.

remember 811?

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.

what part of the law confuses you? DB ill try to help.
 
DiscoBiscuit

DiscoBiscuit

weed fiend
Veteran
The whole reason behind the DEA and HSS making classifications is they're the so-called experts to make these determinations. The AG oversees and carries out existing law but the AG doesn't personally determine what comes or goes regarding scheduling.

Now if congress repealed the statute such that AG could pull a rabbit out of his bum then you might have an argument.

BTW, I don't believe you've linked any executive order so don't act like you have.
 
M

mofeta

Member
Veteran
dagnabit, dude, your getting trolled big time. The only other explanation is a degenerative brain disease like Alzheimer's or Mad Cow Disease.
 
dagnabit

dagnabit

Game Bred
Veteran
btw nixion's XO
11768 AKA Reorganization Plan No. 2 of 1973
Section 1. Transfers to the Attorney General

There are hereby transferred from the Secretary of the Treasury, the Department of the Treasury, and any other officer or any agency of the Department of the Treasury, to the Attorney General all intelligence, investigative, and law enforcement functions, vested by law in the Secretary, the Department, officers, or agencies which relate to the suppression of illicit traffic in narcotics, dangerous drugs, or marihuana, except that the Secretary shall retain, and continue to perform, those functions, to the extent that they relate to searches and seizures of illicit narcotics, dangerous drugs, or marihuana or to the apprehension or detention of persons in connection therewith, at regular inspection locations at ports of entry or anywhere along the land or water borders of the United States: Provided, that any illicit narcotics, dangerous drugs, marihuana, or related evidence seized, and any person apprehended or detained by the Secretary or any officer of the Department of the Treasury, pursuant to the authority retained in them by virtue of this section, shall be turned over forthwith to the jurisdiction of the Attorney General: Provided further, that nothing in this section shall be construed as limiting in any way any authority vested by law in the Secretary of the Treasury, the Department of the Treasury, or any other officer or any agency of that Department on the effective date of this Plan with respect to contraband other than illicit narcotics, dangerous drugs, and marihuana: and Provided further, that nothing in this section shall be construed as limiting in any way any authority the Attorney General, the Department of Justice, or any other officer or any agency of that Department may otherwise have to make investigations or engage in law enforcement activities, including activities relating to the suppression of illicit traffic in narcotics, dangerous drugs, and marihuana, at ports of entry or along the land and water borders of the United States.

Sec. 2. Transfers to the Secretary of the Treasury

[Repealed. Pub. L. 93-253, § 1(a)(1), (b), Mar. 16, 1974, 88 Stat. 50, eff. July 1, 1973. Section provided for transfer to Secretary of the Treasury of functions vested in Attorney General, Department of Justice, or any other officer of such Department respecting inspection at ports of entry of persons, and documents of persons, entering or leaving the United States.]

Sec. 3. Abolition

The Bureau of Narcotics and Dangerous Drugs, including the Office of Director thereof, is hereby abolished, and section 3(a) of Reorganization Plan No. 1 of 1968 is hereby repealed. The Attorney General shall make such provision as he may deem necessary with respect to terminating those affairs of the Bureau of Narcotics and Dangerous Drugs not otherwise provided for in the Reorganization Plan.

Sec. 4. Drug Enforcement Administration

There is established in the Department of Justice an agency which shall be known as the Drug Enforcement Administration, hereinafter referred to as "the Administration."
Click to expand...
establishes the DEA not the CSA
http://law.justia.com/codes/us/title5a/5a_4_97_1_.html
and XO
11727
Reorganization Plan No. 2 of 1973, which becomes effective on July 1, 1973, among other things establishes a Drug Enforcement Administration in the Department of Justice. In my message to the Congress transmitting that plan, I stated that all functions of the Office for Drug Abuse Law Enforcement (established pursuant to Executive Order No. 11641 of January 28, 1972) and the Office of National Narcotics Intelligence (established pursuant to Executive Order No. 11676 of July 27, 1972) would, together with other related functions, be merged in the new Drug Enforcement Administration.

NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and laws of the United States, including section 5317 of title 5 of the United States Code, as amended, it is hereby ordered as follows:

Section 1. The Attorney General, to the extent permitted by law, is authorized to coordinate all activities of executive branch departments and agencies which are directly related to the enforcement of laws respecting narcotics and dangerous drugs. Each department and agency of the Federal Government shall, upon request and to the extent permitted by law, assist the Attorney General in the performance of functions assigned to him pursuant to this order, and the Attorney General may, in carrying out those functions, utilize the services of any other agencies, Federal and State, as may be available and appropriate.
Click to expand...
http://www.archives.gov/federal-register/codification/executive-order/11727.html
places the AG at the head of that administration..

blog or wikki rebuttal?
 
dagnabit

dagnabit

Game Bred
Veteran
mofeta said:
dagnabit, dude, your getting trolled big time. The only other explanation is a degenerative brain disease like Alzheimer's or Mad Cow Disease.
Click to expand...
nope..
he just cant concede or fade....
especially not to an asshat of my caliber ;)

what with my facts and links and all...

{EDIT}
trolling gets tossed around to easy...
DB is not "trolling" i believe he truly thinks he is correct and not able to see the facts for blinding need to be correct.
 
DiscoBiscuit

DiscoBiscuit

weed fiend
Veteran
So what. The president is the head of the government. But neither have arbitrary powers you're suggesting. They'd either have to follow statute or change statute through congress.

What part of, 'we're a nations of laws, not men' don't you get?
 
dagnabit

dagnabit

Game Bred
Veteran
DiscoBiscuit said:
So what. The president is the head of the government. But neither have arbitrary powers you're suggesting. They'd either have to follow statute or change statute through congress.

What part of, 'we're a nations of laws, not men' don't you get?
Click to expand...
thats funny!

i posted the law.
you disagree with the law.
What part of, 'we're a nations of laws, not men' don't you get?

the pres created the DEA with XO (as proven)
the pres gave control to the AG with XO(as proven)
the law states quite clearly that the AG can reschedule(as proven)

what re you arguing exactly?
 
DiscoBiscuit

DiscoBiscuit

weed fiend
Veteran
Starting to doubt your honesty.

You know the ASA isn't perusing reform through your whatever idea. They're pursuing reform according to statue. Make up the rest, I don't care.
 
DiscoBiscuit

DiscoBiscuit

weed fiend
Veteran
nah you just think government would go to the trouble creating agencies, writing laws and then allow individuals to do whatever they want.
 
dagnabit

dagnabit

Game Bred
Veteran
i just understand how to read..
i've given you all the proof and now you resort to telling me what i think(wrongly)

fade man fade.

you're coming off desperate and ignorant(not usual for you)and it's starting to get sad.

you are normally better than this!

is there something going on over there?
 
dagnabit

dagnabit

Game Bred
Veteran
from your link

Sec. 811. Authority and criteria for classification of substances

-STATUTE-
(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.
Click to expand...
 
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