abandonconflict
Well-Known Member
A recurring theme is the debate about whether or not the president can reschedule cannabis unilaterally or not. It was touched upon in several threads recently. Let's put it to rest. The Attorney General has the authority to reschedule any substance or to even add or remove any substance altogether. The AG follows orders from the president and therefore the president can indeed reschedule cannabis without an act of congress.
http://www.deadiversion.usdoj.gov/21cfr/21usc/811.htm
^^DOJ website, title 21 of the CSA^^
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—
(1) add to such a schedule or transfer between such schedules any drug or other substance if he—
(A) finds that such drug or other substance has a potential for abuse, and
(B) makes with respect to such drug or other substance the findings prescribed by subsection (b) of section 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.
http://www.deadiversion.usdoj.gov/21cfr/21usc/811.htm
^^DOJ website, title 21 of the CSA^^
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—
(1) add to such a schedule or transfer between such schedules any drug or other substance if he—
(A) finds that such drug or other substance has a potential for abuse, and
(B) makes with respect to such drug or other substance the findings prescribed by subsection (b) of section 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.