this post was submitted on 22 Dec 2023
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politics

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I, Joseph R. Biden Jr., do hereby grant a full, complete, and unconditional pardon to all current United States citizens and lawful permanent residents who, on or before the date of this proclamation, committed or were convicted of the offense of simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana, regardless of whether they have been charged with or prosecuted for these offenses on or before the date of this proclamation

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[–] Boddhisatva@lemmy.world 50 points 10 months ago (1 children)

Good. Now legalize it and stop prosecuting people for having a plant.

[–] Ashyr@sh.itjust.works 12 points 10 months ago (2 children)
[–] Boddhisatva@lemmy.world 28 points 10 months ago* (last edited 10 months ago) (1 children)

Actually it's not. Congress long ago passed the Controlled Substances Act which places the authority for scheduling what drugs are considered illegal in the hands of the Dept. of HHS, the DEA, and Attorney General.

Currently, marijuana is considered a Schedule I drug along with heroin and LSD. Last year, though, Biden directed the Dept. of HHS to consider whether or not that is an appropriate classification. In August of this year, HHS informed the DEA that marijuana should be reclassified as a Schedule III drug. The DEA will now consider the recommendation and if they approve the HHS recommendation, as they have nearly if not always done, then they would send the recommendation to the AG who will make a final ruling.

Law enforcement is the purview of the executive branch and frankly there is not enough money for the executive branch to enforce all the laws that Congress passes. The executive branch must therefore decide what laws have priority. With a stroke of his pen, Biden could issue an executive order instructing the DoJ to stop enforcing drug laws relating to non-violent marijuana possession.

[–] Ashyr@sh.itjust.works 3 points 10 months ago

Thanks for the correction and education. I responded out of frustration with complaints that are often levied at Biden that have nothing to do with his job.

[–] LeadSoldier@lemmy.world 10 points 10 months ago (1 children)

Normally I'd agree but I think in this case descheduling has a different route. I think the president and the DEA can just move it down the made-up list of scientifically inaccurate fear-mongering.

[–] MxM111@kbin.social 0 points 10 months ago

That’s different from legalizing.