Eric Holder Says He Won't Go Further On Marijuana Legalization

[TheMan13]

NEW YORK (TheStreet) -- Don't look to Attorney General Eric Holder to make any more efforts towards marijuana legalization. Tuesday at the House Judiciary Committee hearing on Enforcement by the Justice Department, Rep. Cohen (D-TN) pointedly asked Holder to request a study from the Secretary of Science on changing marijuana from a schedule 1 controlled substance and was turned down.

"Why will you not act?" questioned Cohen, "Congress won't act, because Congress is generally like tortoises. It will not put its head out there."

"I think we have acted in a responsible way," said Holder. He noted his Smart Crime initiatives, cited hisresource restraints and finally said his department had acted appropriately.

Cohen pushed harder saying, "All you have to do is ask. Why not ask?" Cohen went on to say that with 21 states legalizing marijuana for medicinal purposes that there was obviously a medical benefit. A schedule 1 controlled substance has no medical benefit.

"What's obvious to one is perhaps not obvious to another," Holder responded. He finally ended the exchange saying, "I'm satisfied with what we have done."

Several members of Congress clearly felt Holder should not have allowed Colorado and Washington to pass laws that conflicted with Federal law. He continually said he had limited resources and that there were many technical violations of Federal law that his department just couldn't go after.

Other lawmakers asked why could these states could decide not to follow Federal law on controlled substances, but other states weren't allowed to decide not to follow Obamacare. Some tried to correlate immigration laws to marijuana laws, but Holder wasn't backing down. He just kept repeating that he had limited resources.

Rep. Jason Smith (R-MO) hounded Holder as to why he wasn't enforcing marijuana laws.

"We are enforcing the laws of the land." Holder retorted with "Would you have us prosecute every marijuana possession case that exists in the United States ofAmerica? " Smith refused to answer, and Holder volunteered, "I'll take that as a no."

Written by Debra Borchardt in New York.

 

[colonuggs]

no one ever brings up the fact to Holder..... that they(the US Government) have a US Patent on the medical properties of marijuana since 2001

U.S. Patent # 6630507 for 13 years already .....Cannabinoids as Antioxidants and Neuroprotectants

On one hand, the hand that faces the people... the Federal Government says marijuana has no medical value that's why we list it as schedule #1

But the other hand.... the secret hand out of public knowledge

The United States Government has had a patent on the medical properties of marijuana since 2001 and holds that patent until 2021

So what is it??? You can't have it both ways!!!!

 

[UncleBuck]

http://www.huffingtonpost.com/2014/04/04/eric-holder-reschedule-marijuana_n_5092010.html

Eric Holder Would Be 'Glad To Work With Congress' To Reschedule Marijuana

 

[Dirty Harry]

Why is Holder still in office and free? Hasn't he been found in contempt of Congress, going on two years now, for the Fast and Furious case? He and his agency just chooses not to take action on him, and he still has not handed over court ordered information. This guy believes he is untouchable.

 

[TheMan13]

^^^^ From that Huffington Post article:

"Several members of Congress have called on the administration to downgrade cannabis on its own without waiting for congressional action. Under the federal Controlled Substances Act, the attorney general has the authority to "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." Holder didn't indicate Friday that he would be willing to do that unilaterally."

Odd title choice for such an article given the reality of Holder's statements and (in)actions. I assume it's an opinion piece?

 

[TheMan13]

 

[UncleBuck]

^^^^ From that Huffington Post article:

"Several members of Congress have called on the administration to downgrade cannabis on its own without waiting for congressional action. Under the federal Controlled Substances Act, the attorney general has the authority to "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." Holder didn't indicate Friday that he would be willing to do that unilaterally."

Odd title choice for such an article given the reality of Holder's statements and (in)actions. I assume it's an opinion piece?

maybe he doesn't act unilaterally because racists like you always call him a tyrant and a dictator when he or obama does.

go ahead and report that comment again because you don't like the truth of it and have no rebuttal for it.

 

[TheMan13]

Simply requesting the required HHS study and moving forward per the scheduling law itself as quoted by Representative Cohen (TN-D) in the video is not acting unilaterally you ignorant fucktard!

Any thoughts on why Obama/Holder have refused to initiate this HHS study for the past six years and/or their refusal to even answer that question under oath and before Congress as witnessed in that video clip from just last week? Furthermore, why does Holder smirk and laugh as he dodges the question? Seems like a clear and willful abuse of power backed by special interests to me ...

 

[Wilksey]

Vote them out.

Vote them ALL out on their sorry asses.

EVERY single incumbent needs to go.

This shit is going to go on, and on, and on, and on, as long as citizens keep voting for members of the two parties that keep on taking away our rights, wasting our cash, and destroying our credibility and good will among our fellow nations on this rock.

Vote them ALL out.

 

[UncleBuck]

Simply requesting the required HHS study and moving forward per the scheduling law itself as quoted by Representative Cohen (TN-D) in the video is not acting unilaterally you ignorant fucktard!

Any thoughts on why Obama/Holder have refused to initiate this HHS study for the past six years and/or their refusal to even answer that question under oath and before Congress as witnessed in that video clip from just last week? Furthermore, why does Holder smirk and laugh as he dodges the question? Seems like a clear and willful abuse of power backed by special interests to me ...

since i'm not about to watch your darrel issa witch hunt bullshit video, why don't you use your words and refer me to some timestamps if you actually want me to comment.

 

[Yodaweed]

Look everyone holder took a small step in the right direction but we still need to finish the marathon. The fight for legalization isn't over until all forms of cannabis are removed from the schedule including hemp and properly studied at the very least. Hopefully we can get some more politicians that will take some risks and not be tortoises hiding in their shell like Mr.Holder stated. But this will only happen if we the people vote for the right people.

 

[TheMan13]

Under Title 21, Chapter 13 it is Holder's responsibility to initiate a request to the Secretary of Health and Human Services to conduct a medical and scientific study of Marijuana and Schedule I. Once that study confirms the obvious absurdity, Holder has the authority per this same law to remove marijuana from the Schedule I list of which it does not belong. There is no need for force of congress Holder attempts to hide behind and leftist rhetoric suggests given this clear bureaucratic process of the law.

Again, why in six years has Holder refused to initiate this study or even answer that simple question before congress?

 

[TheMan13]

Obstructionism: Things that are done to stop or delay the progress of a legal or political process.

Examples of OBSTRUCTIONISM

They accused the other political party of obstructionism.
(Merriam Webster)

 

[TheMan13]

21 U.S. Code § 811 - Authority and criteria for classification of substances
(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—
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.
Rules of the Attorney General under this subsection shall be made on the record after opportunity for a hearing pursuant to the rulemaking procedures prescribed by subchapterII of chapter 5 of title 5. Proceedings for the issuance, amendment, or repeal of such rules may be initiated by the Attorney General
812 of this title, the Attorney General shall consider the following factors with respect to each drug or other substance proposed to be controlled or removed from the schedules:
812 (b) of this title and without regard to the procedures prescribed by subsections (a) and (b) of this section.
21 U.S.C. 301 et seq.] do not meet the requirements of the schedule of the Convention in which such drug or substance has been placed, the Secretary of Health and Human Services after consultation with the Attorney General, shall first determine whether existing legal controls under this subchapter applicable to the drug or substance and the controls required by the Federal Food, Drug, and Cosmetic Act, meet the requirements of the schedule specified in the notification or schedule notice and shall take the following action:
[1] (B) or (C)(i) of paragraph (3) will not be completed within the time period required by paragraph 7 of article 2 of the Convention, the Attorney General, after consultation with the Secretary and after providing interested persons opportunity to submit comments respecting the requirements of the temporary order to be issued under this sentence, shall issue a temporary order controlling the drug or substance under schedule IV or V, whichever is most appropriate to carry out the minimum United States obligations under paragraph 7 of article 2 of the Convention. As a part of such order, the Attorney General shall, after consultation with the Secretary, except such drug or substance from the application of any provision of part C of this subchapter which he finds is not required to carry out the United States obligations under paragraph 7 of article 2 of the Convention. In the case of proceedings initiated under subparagraph (B) of paragraph (3), the Attorney General, concurrently with the issuance of such order, shall request the Secretary of State to transmit a notice of qualified acceptance to the Secretary-General of the United Nations pursuant to paragraph 7 of article 2 of the Convention. A temporary order issued under this subparagraph controlling a drug or other substance subject to proceedings initiated under subsections (a) and (b) of this section shall expire upon the effective date of the application to the drug or substance of the controls resulting from such proceedings.
812 (b) of this title and without regard to the procedures prescribed by subsection (a) or (b) of this section.
812 (b) of this title and without regard to the procedures prescribed by subsections (a) and (b) of this section, place an immediate precursor in the same schedule in which the controlled substance of which it is an immediate precursor is placed or in any other schedule with a higher numerical designation. If the Attorney General designates a substance as an immediate precursor and places it in a schedule, other substances shall not be placed in a schedule solely because they are its precursors.
21U.S.C. 301 et seq.], be lawfully sold over the counter without a prescription.
812 of this title or if no exemption or approval is in effect for the substance under section 505 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355]. Such an order may not be issued before the expiration of thirty days from—
(A) the date of the publication by the Attorney General of a notice in the Federal Register of the intention to issue such order and the grounds upon which such order is to be issued, and
(B) the date the Attorney General has transmitted the notice required by paragraph (4).
(2) The scheduling of a substance under this subsection shall expire at the end of 2 years from the date of the issuance of the order scheduling such substance, except that the Attorney General may, during the pendency of proceedings under subsection (a)(1) of this section with respect to the substance, extend the temporary scheduling for up to 1 year.
(3) When issuing an order under paragraph (1), the Attorney General shall be required to consider, with respect to the finding of an imminent hazard to the public safety, only those factors set forth in paragraphs (4), (5), and (6) of subsection (c) of this section, including actual abuse, diversion from legitimate channels, and clandestine importation, manufacture, or distribution.
(4) The Attorney General shall transmit notice of an order proposed to be issued under paragraph (1) to the Secretary of Health and Human Services. In issuing an order under paragraph (1), the Attorney General shall take into consideration any comments submitted by the Secretary in response to a notice transmitted pursuant to this paragraph.
(5) An order issued under paragraph (1) with respect to a substance shall be vacated upon the conclusion of a subsequent rulemaking proceeding initiated under subsection (a) of this section with respect to such substance.
(6) An order issued under paragraph (1) is not subject to judicial review.
(http://www.law.cornell.edu/uscode/text/21/811)

 

[Pimpernickel]

At least I don't have to worry bout Prairie Plant taking over our system now.

 

[Red1966]

no one ever brings up the fact to Holder..... that they(the US Government) have a US Patent on the medical properties of marijuana since 2001

U.S. Patent # 6630507 for 13 years already .....Cannabinoids as Antioxidants and Neuroprotectants

On one hand, the hand that faces the people... the Federal Government says marijuana has no medical value that's why we list it as schedule #1

But the other hand.... the secret hand out of public knowledge

The United States Government has had a patent on the medical properties of marijuana since 2001 and holds that patent until 2021

So what is it??? You can't have it both ways!!!!

Sure you can. It's called "hypocrisy"

 

[Red1966]

Why is Holder still in office and free? Hasn't he been found in contempt of Congress, going on two years now, for the Fast and Furious case? He and his agency just chooses not to take action on him, and he still has not handed over court ordered information. This guy believes he is untouchable.

He is untouchable.