Bernie has been saying that on day one he
will legalize marijuana.
Is this actually possible?
I sort of have dealt with this before.
When a caller asked about it, I it’s not possible.
So what it really comes down to is when a
presidential candidate says on day one, I
will do this, that the other thing, do they
literally mean on their first day or I guess
the first day is the inauguration.
Do they, do they mean their first day in the
Which would be the second day or do they mean
this is generally going to be a priority of
Because the reality is that when it comes
to something like legalizing marijuana, the
executive branch certainly could move a drug
from controlled substances schedule one by
directing the DEA to do it.
Even if they did that, it doesn’t happen in
It takes longer.
But even if you do it after a few days or
realistically, it’s something that would take
weeks or months.
It doesn’t undo state level bands on cannabis
and you can’t cancel those with an executive
This actually has a lot to do with a state’s
rights versus the federal government.
So Bernie could say on day one, I have directed
my attorney general not to do any, um, prosecution
raids, any, anything at all.
Uh, when it comes to cannabis in any state,
regardless of whether that state has or has
not legalized cannabis.
So remember under Barack Obama’s administration,
Obama directed the justice department not
to go into States where marijuana was legal,
despite it continuing to be illegal federally.
Bernie could say, we’re going to apply that
to every state.
Even in Idaho where cannabis is illegal.
I still don’t want federal agencies going
in there and enforcing a federal drug policy
That’s not a change to the law, but it does
change the enforcement.
But if cannabis is illegal in Idaho, Idaho
police can continue to prosecute that and
to police it regardless of what it is that
Bernie signs in the oval office.
So what Bernie could relatively quickly do
would be immediately direct his attorney general
not to, uh, police cannabis in any state could
start the process of rescheduling cannabis
away from schedule one.
But that’s, that’s basically it.
So the real question comes down to, it’s actually
a semantic question.
When a candidate says, I will do X, Y, orZ
on day one, what does that really mean?
Does it, does it mean day one?
Does it mean day two?
Does it mean the first month?
Does it mean the first year?
Let me know what you think.
And if you believe I am misunderstanding the
law around this, I of course would love to
hear from you as well.
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