The public comments were overwhelmingly in favor of full deschedule/legalization, but all he’s pushing for is reschedule to 3, which means they’ll probably go to 2 because fuck you that’s why. Hopefully Harris can lean into it a little harder than Biden has.
all he’s pushing for is reschedule to 3, which means they’ll probably go to 2 because fuck you that’s why
I figure you’re partially joking but they can’t really make it 2. The HHS recommendation was 3 and even the DEA kind of has to agree even if they don’t want to. It would have been super controversial to do something else, they’re mainly supposed to follow it through with the rulemaking process unless they’re willing to make a serious case. And even then it would probably be to leave it where it is.
One of the theories going around as to why they added the hearing is that they wanted to take the heat off themselves for the call they’ve made by really drawing out the public consultation. Like people will be mad at them for following the recommendation so they want to make a big show of the fact they’re listening to concerns etc.
Hopefully Harris can take some stronger action or legalize through executive order or something. Schedule III is better but it’s then in the same class as ketamine. No judgement of people who like ketamine but COME ON
Interesting, didn’t know that about the process, TIL. So am I reading you right that they’re effectively locked into reschedule to 3 no matter what now due to the HHS recommendation? Or do they still have the option to just not change a thing as well?
Yeah my understanding is that since HHS said “the science suggests it should be in 3,” the DEA would have a bit of a challenge making any other rule. The schedules (theoretically) tell you what the addiction risk and medical value of a substance is, with lower risk & more effective medicine being the least restricted. So since HHS made that determination and the DEA are not scientists, it would be kind of wild for them to try to argue with that.
I think technically they could propose anything they like, but 2 would never go through because there’s no basis for it, and I think even keeping it in 1 would be a difficult sell with Biden having called for the review and the recommendation being what it was. Plus as you said most public comments (and experts) said they didn’t go far enough.
Honestly I think they’re stuck. They probably can’t just come out and recommend descheduling (and going by public statements probably don’t want to) but the current position is untenable. So they have to just sign up for the “better but nobody is especially happy” option HHS gave them
One thing I wish I understood more was whether Harris could just legalize through an executive order. Biden (and now Harris) said nobody should go to jail for weed but schedule III does not solve that problem at all.
Yeah I wouldn’t say alarmist but this is likely a non issue. Under the current system, every legal state is breaking federal law in a bunch of ways, but the DEA and other agencies have not acted. Technically putting it in schedule III would mean it could be treated like other substances in that schedule, available only with FDA oversight, but that is not likely. Basically everything has been totally hands off so far, so it’s very unlikely that the government reducing the level of control of cannabis would lead to agencies increasing their control.
The biggest threat at the moment imo is a Trump presidency, but based on his comments about Florida’s ballot initiative, his “change with the wind” opinion is currently also in favor of not sending people to jail for it.
The public comments were overwhelmingly in favor of full deschedule/legalization, but all he’s pushing for is reschedule to 3, which means they’ll probably go to 2 because fuck you that’s why
The Lesser Evil Party in a nutshell 😮💨
Granted, it’s of course still a MUCH lesser evil than the American Fascist Party, but fucking HELL! Your very bleak guess is probably the best case scenario with these fuckers!
Biden already started that process to move it to schedule 3. It’s been moving through slowly but it’s got a public hearing on December 2nd
https://www.federalregister.gov/documents/2024/08/29/2024-19370/schedules-of-controlled-substances-rescheduling-of-marijuana
It’s moving slowly because the DEA and police want it to stay illegal because that’s where half their funding comes from
The public comments were overwhelmingly in favor of full deschedule/legalization, but all he’s pushing for is reschedule to 3, which means they’ll probably go to 2 because fuck you that’s why. Hopefully Harris can lean into it a little harder than Biden has.
As a senator Harris introduced bills that would’ve fully legalized it. Meanwhile I don’t think Biden ever publicly said he wanted full legalization
I think there’s pretty good odds she would go further than Biden in executive action alone
Here’s hoping!
Plus this post is literally about her going to the “All The Smokes” podcast and calling for legal weed there. Could not imagine Biden doing
I figure you’re partially joking but they can’t really make it 2. The HHS recommendation was 3 and even the DEA kind of has to agree even if they don’t want to. It would have been super controversial to do something else, they’re mainly supposed to follow it through with the rulemaking process unless they’re willing to make a serious case. And even then it would probably be to leave it where it is.
One of the theories going around as to why they added the hearing is that they wanted to take the heat off themselves for the call they’ve made by really drawing out the public consultation. Like people will be mad at them for following the recommendation so they want to make a big show of the fact they’re listening to concerns etc.
Hopefully Harris can take some stronger action or legalize through executive order or something. Schedule III is better but it’s then in the same class as ketamine. No judgement of people who like ketamine but COME ON
Interesting, didn’t know that about the process, TIL. So am I reading you right that they’re effectively locked into reschedule to 3 no matter what now due to the HHS recommendation? Or do they still have the option to just not change a thing as well?
Yeah my understanding is that since HHS said “the science suggests it should be in 3,” the DEA would have a bit of a challenge making any other rule. The schedules (theoretically) tell you what the addiction risk and medical value of a substance is, with lower risk & more effective medicine being the least restricted. So since HHS made that determination and the DEA are not scientists, it would be kind of wild for them to try to argue with that.
I think technically they could propose anything they like, but 2 would never go through because there’s no basis for it, and I think even keeping it in 1 would be a difficult sell with Biden having called for the review and the recommendation being what it was. Plus as you said most public comments (and experts) said they didn’t go far enough.
Honestly I think they’re stuck. They probably can’t just come out and recommend descheduling (and going by public statements probably don’t want to) but the current position is untenable. So they have to just sign up for the “better but nobody is especially happy” option HHS gave them
One thing I wish I understood more was whether Harris could just legalize through an executive order. Biden (and now Harris) said nobody should go to jail for weed but schedule III does not solve that problem at all.
The classification problem will lead to the DEA gaining control of all the dispensaries in every state.
Maybe I’m being alarmist, but rescheduling Marijuana is worse than leaving things alone. Oversight by the DEA is the wrong way to go.
Yeah I wouldn’t say alarmist but this is likely a non issue. Under the current system, every legal state is breaking federal law in a bunch of ways, but the DEA and other agencies have not acted. Technically putting it in schedule III would mean it could be treated like other substances in that schedule, available only with FDA oversight, but that is not likely. Basically everything has been totally hands off so far, so it’s very unlikely that the government reducing the level of control of cannabis would lead to agencies increasing their control.
The biggest threat at the moment imo is a Trump presidency, but based on his comments about Florida’s ballot initiative, his “change with the wind” opinion is currently also in favor of not sending people to jail for it.
The Lesser Evil Party in a nutshell 😮💨
Granted, it’s of course still a MUCH lesser evil than the American Fascist Party, but fucking HELL! Your very bleak guess is probably the best case scenario with these fuckers!
Schedule 3 for weed is a joke when Xanax and Ambien are schedule 4