At an appropriations hearing, @XavierBecerra forgets the classification of cannabis: "I'm gonna get it wrong. five or one?" he says. @RepAndyHarrisMD has to give him the answer: Schedule I.
@XavierBecerra @RepAndyHarrisMD At the same hearing, @RepChuckEdwards repeatedly says that the Biden administration is considering descheduling (aka removing cannabis from the controlled substances act) marijuana... the Biden admin is not considering that. HHS/FDA wants to move it from Sched I to Sched III.
@XavierBecerra @RepAndyHarrisMD @RepChuckEdwards Reminder that descheduling would not be a federal decriminalization because Congress would still need to change the US Criminal Code, which names specific federal penalties for marijuana. Which is why ppl say it has to happen thru an act of Congress - not Exec. branch.
@natsfert @XavierBecerra @RepAndyHarrisMD @RepChuckEdwards If marijuana is descheduled, 21 USC 841(a) would no longer apply to marijuana, and therefore the felony penalties under 21 USC 841(b) would no longer apply. Similarly, 21 USC 844 (simple possession) only apply to controlled substances.
@MikeLiszewski Honestly I am not a lawyer, I am citing what lawyers have told me. Im sure there are multiple interpretations, that seems to be how most legal questions with cannabis go
@natsfert That's fair, although you initially stated it as a matter of legal fact, not a theory or possible interpretation. You now have an alternative interpretation with citations from an attorney.
@MikeLiszewski yes, I stated it as a matter of legal fact because it is a legal fact that lawyers have told me. I didnt say it as a personal conviction because I am not a lawyer. Thanks for adding an alternative law perspective.