DEA losing power and they're super butt hurt about it

[Doer]

Congress only provides the budget and legislates bro. They made the CSA into law, but law enforcement is executive function and scheduling within the CSA is a law enforcement function. Eric Holder could simply reschedule if the president told him to do so.

Of course. Nice and legal. But, I don't think pot can be rescheduled without the treaties and laws amended.

He can refuse to enforce, as he is doing in two States.

But, the President CANNOT resched drugs. He can fast track thru rules, but the Schedules have to be petitioned for amendment....

But, don't listen to me.

The Controlled Substances Act provides a process for rescheduling controlled substances by petitioning the Drug Enforcement Administration. The first petition under this process was filed in 1972 to allow cannabis to be legally prescribed by physicians. The petition was ultimately denied after 22 years of court challenges, although a pill form of cannabis' psychoactive ingredient, THC, was rescheduled in 1985 to allow prescription under schedule II. In 1999 it was again rescheduled to allow prescription under schedule III. A second petition, based on claims related to clinical studies, was denied in 2001. The most recent rescheduling petition was filed by medical cannabis advocates in 2002, but was denied by the DEA in July 2011. Subsequently, medical cannabis advocacy group Americans for Safe Access filed an appeal in January 2012 with the D.C. Circuit, which was heard on October 16, 2012.[1] As of August 2013, 20 states and Washington D.C. have legalized the use of medical marijuana.

 

[abandonconflict]

No Doer, you're flat out wrong. The president can simply order the DEA around. In fact you just wrote a series of contradictory statements.

The only recourse for the people is a petition to the DEA but the commander in chief has all the executive power of the executive branch of the gov't.

 

[Dr Kynes]

No Doer, you're flat out wrong. The president can simply order the DEA around. In fact you just wrote a series of contradictory statements.

The only recourse for the people is a petition to the DEA but the commander in chief has all the executive power of the executive branch of the gov't.

ahem...

congress established the bureaucracy, and gave it the power to regulate "narcotics" (a power the congress had no power to give)

the decisions are now in the hands of the mandarins, and the congress can do nothing except ASK the bureaucrats to reschedule, or repeal the entire CSA.

they created this monster and gave it the run of the yard.

now congress cant even open the door without risking getting bit.

Barry Seotoro can REQUEST his lackeys in Treasury and Justice reschedule, but they dont have to do shit, and all he can do is ask for their resignations and try to appoint somebody who will follow his orders.

the entire Code of Federal Regulations operates in this manner.

the power to craft "law" is now in the hands of faceless bureaucrats and their rubber stamps, thanks to the "progressives"

 

[abandonconflict]

the power to craft "law" is now in the hands of faceless bureaucrats and their rubber stamps, thanks to the "progressives"

I disagree with your opinion, but thanks for chiming in.

 

[Dr Kynes]

I disagree with your opinion, but thanks for chiming in.

you can disagree with my opinions all you like, sadly the above statements are FACT, so your disapprobation is irrelevant.

 

[abandonconflict]

Anyone else want to make a retarded ass comment before I link the letter to the president which is signed by 18 members of congress asking him to reschedule cannabis?

http://blumenauer.house.gov/images/stories/2014/02-12-14 Blumenauer Rescheduling Letter.pdf

Nevermind, there is the link.

 

[Dr Kynes]

Anyone else want to make a retarded ass comment before I link the letter to the president which is signed by 18 members of congress asking him to reschedule cannabis?

http://blumenauer.house.gov/images/stories/2014/02-12-14 Blumenauer Rescheduling Letter.pdf

Nevermind, there is the link.

yep, that totally proves your claim.
congress ASKING Barry to ASK justice and treasury to reschedule.

holder, as titular head of the dea cant get leonhart to shut her gob, and holder, as AG declined to follow barry's orders on the state laws regarding cannabis himself.

once these assholes are enthroned in their seats of inscrutable power they are lords of their own little fiefdom, and all their liege lords can do is boot them out and prop up another petty lordling in their place.

the system is fucked because congress didnt want to have to make the decisions and face the consequences, and (as with the IRS and CSA) wished to exercise powers they do not have by having somebody else do it for them.

 

[abandonconflict]

Tldr Kkkynes, better luck next time.

 

[Doer]

Anyone else want to make a retarded ass comment before I link the letter to the president which is signed by 18 members of congress asking him to reschedule cannabis?

http://blumenauer.house.gov/images/stories/2014/02-12-14 Blumenauer Rescheduling Letter.pdf

Nevermind, there is the link.

Did he? Of course not. And Congress gives the the President the power to ignore stupid political letters from a few members of Congress.

 

[abandonconflict]

Did he? Of course not. And Congress gives the the President the power to ignore stupid political letters from a few members of Congress.

Now this is how to lose a debate. If only I had a like button.

 

[Doer]

You can't lose a fight if you are the only one fighting.

The Controlled Substances Act also provides for a rulemaking process by which the United States Attorney General can reschedule cannabis administratively.

TheUnited States Code, under Section 811 ofTitle 21,sets out a process by which cannabis could be administratively transferred to a less-restrictive category or removed from Controlled Substances Act regulation altogether. TheDrug Enforcement Administration(DEA) evaluates petitions to reschedule cannabis. However, the Controlled Substances Act gives the Department of Health and Human Services(HHS), as successor agency of the Department of Health, Education, and Welfare, great power over rescheduling decisions.

After the DEA accepts the filing of a petition, the agency must request from the HHS Secretary “a scientific and medical evaluation, and his recommendations, as to whether such drug or other substance should be so controlled or removed as a controlled substance.” The Secretary’s findings on scientific and medical issues are binding on the DEA. The HHS Secretary can even unilaterally legalize cannabis: “f the Secretary recommends that a drug or other substance not be controlled, the Attorney General shall not control the drug or other substance.”21 U.S.C. § 811b.

Stages in rescheduling proceedings:

• 
  
  
  • Filing of Petition with DEA
  • Acceptance of Petition by DEA
  • Initial Review by DEA
  • Referral to HHS
  • Scientific and Medical Evaluation by HHS
  • HHS Report to DEA
  • Evaluation of Additional Information by DEA
  • Publication of DEA Decision
  • (Judicial review by the U.S. Court of Appeals)
  • (Public Hearing on Disputed Matters of Fact)

John Entwistle notes: There have been three major petitions to reschedule cannabis plus several legislative attempts. There is a new, fourth petition attempt that has been launched as of November 30, 2011 by the Governors of Washington and Rhode Island. As of late December they have been joined by the Governors of Vermont and Colorado. Also the media has been spinning their petition as a letter requesting pot be placed in a new schedule. Their petition is more than one hundred pages long and is quite formal. It is the fourth rescheduling petition.

 

[Doer]

So, no. You are quite wrong if you think an Executive Order can reschedule a drug.

But, you are used to it.

 

[Doer]

HHS can do it.

 

[sheskunk]

Tldr Kkkynes, better luck next time.

Too long? Seriously?

Tard.

 

[abandonconflict]

 

[abandonconflict]

Anyone else want to make a retarded ass comment before I link the letter to the president which is signed by 18 members of congress asking him to reschedule cannabis?

http://blumenauer.house.gov/images/stories/2014/02-12-14 Blumenauer Rescheduling Letter.pdf

Nevermind, there is the link.

See the link derptard.

 

[Doer]

I read the link. Did you, name caller? Can you really not type without wagging?

Do you think these 18 Congressmen know what they are talking about? The letter is juvenile. I suggest everyone read it. Then they get to the only one point, which is WRONG and shows they didn't do the homework.

":...We request you instruct..." BULLSHIT.

I gave you law, above. DEA must request the Science Review from HHS.

I know the details are hard, Chomsk, but the language needs most of it's complexity. And out system need most of it also.

 

[abandonconflict]

I read the link. Did you, name caller? Can you really not type without wagging?

Do you think these 18 Congressmen know what they are talking about? The letter is juvenile. I suggest everyone read it. Then they get to the only one point, which is WRONG and shows they didn't do the homework.

":...We request you instruct..." BULLSHIT.

I gave you law, above. DEA must request the Science Review from HHS.

I know the details are hard, Chomsk, but the language needs most of it's complexity. And out system need most of it also.

So you know the law better than 18 congress members? Are you going to keep insisting that the president can not command the DEA to reschedule even though you admit he can command them not to enforce current law?

Your argument is weak and your premises contradict each other.

 

[Doer]

Don't listen to me. I'm not trying to convince you of anything,

 

[Doer]

You must have some kind of high flautin' ideas about Congress critters.

Why do you think we can throw them out after only 2 years?

Worthless, and even if they know the law they don't have to write as if you do. They write this stuff only to impress you.