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Kamala Harris Says 'We Need To Legalize' Marijuana For First Time As Democratic Presidential Nominee
(www.marijuanamoment.net)
this post was submitted on 30 Sep 2024
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Correct me if I'm wrong, but if they reschedule it it is no longer federal illegal. States that want to ban it would still have their laws but removing it from banned substance lists would also remove the federal road blocks to legal use; banking rules, insurance, etc. It should be decheduled entirely and then legislators, state and federal, could decide legality.
Rescheduling would protect access to cannabis with a prescription, but it would not mandate national decriminalization. Recreational use would still be determined by the state, with potential for federal charges, and people currently incarcerated for use or distribution of cannabis would remain in prison.
Wouldn't it realistically have to be descheduled to be recreational under the DEA though?
The DEA doesn’t determine criminalization, only enforcement. That legislation is written by Congress.
The DEA approves the rescheduling or descheduling, but not decriminalization.
Well, to be more specific it would be the Controlled Substance Act. But, the intention of my comment was to highlight that any substance scheduled couldn't really be considered "recreational" to the federal government.
That’s true. Decriminalizing without descheduling wouldn’t help.