The recommendation is the result of a yearlong review initiated by the president.

The Biden administration’s Department of Health and Human Services is recommending that the Drug Enforcement Agency significantly loosen federal restrictions on marijuana but stopped short of advising that it should be entirely removed from the Controlled Substances Act.

The health agency wants the drug moved from Schedule I to Schedule III under the CSA, potentially the biggest change in federal drug policy in decades.

HHS Assistant Secretary of Health Rachel Levine wrote in a Tuesday letter to the DEA, first reported by Bloomberg News, that the recommendation was based on a review conducted by the Food and Drug Administration.

  • bemenaker@lemmy.worldEnglish
    54·
    1 year ago

    Yes it does. The drug schedule is set by the FDA which is under the executive branch. The President cannot LEGALIZE it, that takes an act of Congress. But, the drug classification is completely in their power.

    • Transient Punk@sh.itjust.worksEnglish
      41·
      1 year ago

      a substance can be placed in a CSA (Controlled Substances Act) schedule, moved to a different schedule, or removed from control under the CSA either by legislation or through an administrative rulemaking process overseen by the Drug Enforcement Administration (DEA) and based on criteria set out in the CSA. The CSA also directs the Attorney General (who has delegated CSA scheduling authority to DEA) to schedule substances as required to comply with the United States’ treaty obligations.

      If the President sought to act in the area of controlled substances regulation, he would likely do so by executive order. However, the Supreme Court has held that the President has the power to issue an executive order only if authorized by “an act of Congress or . . . the Constitution itself.” The CSA does not provide a direct role for the President in the classification of controlled substances, nor does Article II of the Constitution grant the President power in this area (federal controlled substances law is an exercise of Congress’s power to regulate interstate commerce). Thus, it does not appear that the President could directly deschedule or reschedule marijuana by executive order.

      Sauce: https://crsreports.congress.gov/product/pdf/LSB/LSB10655

      the drug classification is completely in their power.

      That would be nice, but it isn’t how our government works.

      • bemenaker@lemmy.worldEnglish
        21·
        1 year ago

        True, but the DEA is also under the President, and it’s head is picked by the President. It is the DEAs decision, but their boss has input. I know it’s not simple, but there is incredibly strong influence.

        • Transient Punk@sh.itjust.worksEnglish
          21·
          1 year ago

          Hence him pushing for rescheduling. At this point, you are just restating the point I was making in my original comment. Biden’s doing what he has the power/influence to do to get marijuana legalized.