In his now famous interview with Jake Tapper last week, President Obama, while expressing sympathy for some marijuana reforms, told Tapper that the White House can't move marijuana to Schedule I of the Controlled Substances Act to allow medical use, only Congress could:
OBAMA:[W]hat is and isn't a Schedule One narcotic is a job for Congress. It's not...
TAPPER: I think it's the DEA that decides...
OBAMA: It's - it's not - it's not something by ourselves that we start changing. No, there are laws under - undergirding those determinations...
As Tapper remarked, the president in fact can reschedule marijuana administratively, without an action of Congress. The DEA chief administrators for decades have declined to do so -- after DEA's own administrative law judges ruled that they should, the first one back in the '80s -- but Attorney General Holder could overrule them, and so could President Obama. On State of the Union with Candy Crowley last Sunday, CNN pushed back on the claim again, with Crowley pointing out the president's error after playing a clip from the interview.
Now members of Congress have joined in. Rep. Earl Blumenauer (D-OR) says that Obama could reschedule marijuana for medical use in a "a matter of days," according to US News & World Report:
"I don't dispute that Congress could and should make the change, but it's also something the administration could do in a matter of days and I hope they will consider it," says Blumenauer, who is currently circulating a letter among colleagues asking Obama to do so. Eight members of Congress have signed the letter so far.
Has Obama heard this? By now I'd imagine so.
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