Dr. Acula

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55,166 views|Feb 1, 2020,10:15 pm
Bernie Sanders Pledges Legal Marijuana In All 50 States On Day One As President
Tom AngellContributor
Policy
I cover the politics and policy of cannabis here and at Marijuana Moment.

With just two days to go before the Iowa caucus, Sen. Bernie Sanders (I-VT) is pledging to immediately legalize marijuana in all 50 states if he is elected to the White House.

“We will end the destructive war on drugs,” the 2020 Democratic presidential candidate said at rally in Cedar Rapids. “On my first day in office through executive order we will legalize marijuana in every state in this country.”

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Sanders emphasized it would be important for his administration to end cannabis prohibition in a way that helps communities harmed by the drug war’s enforcement.

“We will move forward to expunge the records of those arrested for possession of marijuana,” he said. “And we will make certain that the legalized marijuana industry is not controlled by a handful of corporations but that those people—the African-American community, the Latino community, the Native American community—those people who have suffered the most will get help in order to make money through a legalized marijuana industry.”

Watch Sanders pledge to legalize marijuana in all 50 states on his first day in office:

It’s far from clear that Sanders as president would actually be able to accomplish unilateral federal legalization of marijuana, let alone end prohibition in every state or get it done just hours after he is sworn in.

The executive branch does have authority under the Controlled Substances Act (CSA) to reclassify cannabis without further action from Congress, but the details of the process involve steps by the attorney general and the health and human services secretary—Sanders designees unlikely to be installed on his “first day.” Current law also means that international drug treaties could complicate moves by an administration to deschedule marijuana from the CSA entirely. And, when it comes to enacting legalization in every state, there’s not much a president can do to force the repeal of local criminalization laws.

Sanders also mentioned his intention to swiftly legalize marijuana and take other executive actions at an earlier campaign stop on Saturday afternoon, joking that he would tell his wife on inauguration day that “I’ll be home late, my dear.”
 

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If you deschedule marijuana, can states still criminalize it?

EDIT: Well, maybe they can depending on how it's written.. I guess he'd have to pass a law explicitly stating it's not illegal and therefore not criminal.
 
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