Just noting for non-American readers.
Just noting for non-American readers.
>Second, I am urging all Governors to do the same with regard to state offenses. Just as no one should be in a Federal prison solely due to the possession of marijuana, no one should be in a local jail or state prison for that reason, either.
(https://www.whitehouse.gov/briefing-room/statements-releases...)
It‘a simple leadership.
He's forgiving student debt without doing free college, and pardoning those convicted of simple possession without preventing somebody tomorrow from being arrested for simple possession.
Has he made sure that people with drug convictions are eligible for student loans? That seems like a conjunction of the two things that he's half-assed. If he hasn't, there's no one in the administration that actually cares about this, it's just pure midterm pandering.
edit:
I think this may be what I was looking for: https://www.federalregister.gov/documents//2021/06/17/2021-1...
> This letter provides information about the early implementation of the FAFSA Simplification Act's removal of Selective Service and drug conviction requirements for Title IV eligibility, as well as actions that institutions must take as these changes are implemented in phases across award years 2021-2022, 2022-2023, and 2023-2024. Certain other aspects of the law being implemented are discussed in separate communications.
He is also directing the AG and Secretary of HHS is reexamine the scheduling of marijuana under the Controlled Substances Act which is the process in law which is needed to change the legal regime applicable to it without Congressional action.
He’s not a dictator who can rewrite law at a whim.
From the press release[1]:
Make the student loan system more manageable for current and future borrowers by:
Cutting monthly payments in half for undergraduate loans. The Department of Education is proposing a new income-driven repayment plan that protects more low-income borrowers from making any payments and caps monthly payments for undergraduate loans at 5% of a borrower’s discretionary income—half of the rate that borrowers must pay now under most existing plans. This means that the average annual student loan payment will be lowered by more than $1,000 for both current and future borrowers.
Fixing the broken Public Service Loan Forgiveness (PSLF) program by proposing a rule that borrowers who have worked at a nonprofit, in the military, or in federal, state, tribal, or local government, receive appropriate credit toward loan forgiveness. These improvements will build on temporary changes the Department of Education has already made to PSLF, under which more than 175,000 public servants have already had more than $10 billion in loan forgiveness approved.
This perhaps by far the bigger set of changes because it ensures the terms of remaining and future loans remain serviceable and proportionate to the actual earning potential of the recipient, which is half the problem with the system (at least if you simply must run it this way).[1] https://www.whitehouse.gov/briefing-room/statements-releases...
Instead, they just throw treats to their base when they're in trouble. Treats that are written on water. If I hear another thing about the Dreamers.
People keep saying that he can't do anything because he's not a dictator. He can't do anything because he doesn't believe in it, and even if he did doesn't have any ideological standards for his Congressional party that would ever get him majority support for anything that doesn't have lobbying checks behind it.
That’s exactly what he just did with the pardons. He’s signaling to voters that he wants to legalize it and needs the right partners in Congress to make it happen. From your other comments I don’t get the impression you’re open to discussing the implications so much as you just want to complain about Biden.
https://www.businessinsider.com/fda-chief-approved-oxycontin...
And how, exactly, do you propose he do that, given the current political landscape in the US?
Congress is gridlocked. Incumbents almost never lose their seats. The people who care enough to vote and support the issues are already voting as hard as they can.
This announcement? This is him doing what he can, both in terms of his legal ability to change things, as the chief executive, and in terms of using the bully pulpit, making clear where his and his administrations' priorities lie.
Basically, it sounds like you're saying "if the President can't force the legislation he wants to materialize and get through a Congress that is historically dysfunctional, that means he doesn't really care about the issue."
This can always be an excuse. Things can't be done because they can't be done. The fact is that he's giving speeches about how much he hates China and Russia, and not about legalizing pot.
He's also one of the engineers of the shitty situation that we're in, he's had an abusively and militantly anti-drug pol his entire career, so I'm not ever going to be convinced by this woe is me lark. He's not doing his best, he's being pushed (if he's even being adequately informed.) The best case scenario is that some people in his administration think that drug law reform is important, either morally or politically. There is no scenario in which the actual Biden is sympathetic towards drug users, or regretful of the lives that he personally contributed to ruining over drugs.
> how, exactly, do you propose he do that
The answer is do politics. If he doesn't know how to do politics, it would be better if someone else were doing the job.
Ok sure, not only that, but he is the president who has the least number of spare brain cells to devote to an issue that he opposes on principle.
And yet of all the presidents we've had in the past 4 decades, it wasn't the B-movie star, nor the frat boy, not the draft dodger(s), nor the iconoclast reality TV star, nor even our first and only Black president -- but Biden the Old Catholic who actually got this seemingly simple reform with simple possession of pot.
As you said, he's the guy with the least reason and capacity to get it done, and yet here we are. How are you managing to complain that what he did was so simple and miniscule, and yet no one else came close to doing it?
> The best case scenario is that some people in his administration think that drug law reform is important, either morally or politically. There is no scenario in which the actual Biden is sympathetic towards drug users, or regretful of the lives that he personally contributed to ruining over drugs.
I wouldn't be too sure that Biden had staff more devoted toward drug reform than Obama [0]. But I guess you're stuck with that position since you can't fathom that Biden personally pushed for reform. So how did Biden end up with this successful drug reform team, just random chance? If Biden is so stridently anti-drug, so absolutely useless toward pushing reform as you think he must be, then how did that not trickle down to his senior staff and who they hired and what the prioritized?
> The answer is do politics. If he doesn't know how to do politics, it would be better if someone else were doing the job.
Politics is all about building consensus through compromise and collaboration. Biden may hate marijuana reform, but he prioritized and executed in a way that past presidents didn't, ostensibly because he knew it was something that lots of people love. How is that not great politics?
[0] https://www.marijuanamoment.net/new-book-obama-considered-de...
If this is true, then this is politics working as intended.
Seriously, that is exactly how the system is supposed to work: The officials we elect do what we, the people, want, not just push their personal beliefs at all costs.
I would 1000% rather elect someone I agree with on 50% of issues, who is willing to be swayed by popular opinion, than someone I agree with on 80% of issues, who is going to try to enforce their personal beliefs as law no matter what the people actually want.
As for Biden "knowing how to do politics", you might want to spend some time studying Biden's astonishing legislative results over the past few months. He's apparently quite good at politics.
Just be honest: you have 937 axes to grind and you are desperate to avoid giving Biden any credit, ever, for anything.
You also really need to do some homework on the US House and the degree to which gerrymandering has made it completely impossible for your dreams of "appeals to voters" to work.
“Both Congress and the Administration have the ability to alter marijuana’s status as a Schedule I substance.”
edit: but apparently, besides that or whatever other options the executive branch review discovers, or whatever the judicial branch comes up with, you are right
https://businessofcannabis.com/2022/09/16/us-court-of-appeal...
The Senate alone.
> Fully legalizing marijuana does require legislative action
Rescheduling it subject to treaty restrictions from treaties in force, but Presidents can and have withdrawn the US from treaties without Congressional action. This may be unlikely in this case, but does not exceed executive power.
Amending the treaty requires a bunch of other countries plus the Senate, and modifying the status of marijuana inconsistent with the treaty while it is in force would take a change in law by Congress (but would violate the treaty.)
Note that the current treaty status only requires medical use / prescription requirements, so it could be substantially less restricted than it currently is federally without running into treaty issues.
Can you give an example? I am not aware of any authority granted to the executive to override the legislature in this way. Is there an explicitly granted loophole or are these cases of executive overreach?
Except when contradicted by the constitution or established legal process as a Party state.
With regard to Marijuana and the controlled substances act, Biden could issue an executive order to change the schedule of any substance right away. He could also issue an EO for the DOJ/IRS to change any regulations regarding marijuana that impact legal states or MJ related prosecutions.
He has a lot more power than this action implies, especially regarding things that aren't made law via statue but regulations set by executive branch departments.
One of the early mini-scandals of the Biden White House was how "dozens of young White House staffers" were in trouble because they had believed "initial indications" that casual pot use would not automatically disqualify them from the job. And that seemed like a sure sign that Biden would be a real hard ass on pot use. Only 5 staffers out of "hundreds" were ultimately disqualified from the policy, and given what Biden has done today, we have some assurance he really is going to be sympathetic and reasonable about pot.
https://www.thedailybeast.com/biden-white-house-sandbags-sta...
He’s directed the officials that are empowered by law to change its status without Congress doing anything to begin the process by which that would happen. So, its not just a symbolic act that may effect that sooner or later.
https://www.denverpost.com/2013/08/29/federal-government-won...
> Deputy U.S. Attorney General James Cole wrote in a memo sent Thursday to federal prosecutors that it will not be a priority to block landmark marijuana-legalization laws in the two states. The federal government also will not make it a priority to close down recreational marijuana stores, so long as the stores abide by state regulations, according to the memo.
The Attorney General de-prioritizing a crime sounds like a cop-out, but eliminating the incentive for federal agents to chase down a type of crime means those agents effectively won't enforce those laws...because they'll get dinged for wasting time that should be spent on actual priorities.
Here's an example of how the federal restriction can still be a pain to Colorado pot stores:
> Because pot is still illegal federally, banks will likely continue to refuse marijuana business accounts, employers can continue to fire workers who smoke pot off-the-job and marijuana users who receive federal aid or live in federal housing will remain at risk.
IIRC, it wasn't at all uncommon for state residents to think that they could smoke worry free b/c of state legalization, only to realize too late that their employer technically receives federal aid and now had the right to fire them. And even if the the U.S. Attorney General says "nah we probably won't care about that"...a lot of employers are going to err on the side of caution.
Since Biden said that he's directed the government to look into things that are on the path to legalization, that mentality is likely to trickle down to every part of the government. Private employers might still be anal though.
I live in California, where marijuana is legal.
The headaches here are that federal police sometimes go bonkers if they find totally minor stuff like edibles or paraphernalia during some sort of inspection or traffic stop that they do on federal land.
Oh, easy, just don’t carry anything on federal land.
Not so easy.
- Any BLM land is federal. Some people take their guns to BLM land for shooting. Better not have any marijuana related stuff on you when you do that (even if you’re just accompanying and not shooting).
- Any national park is federal land.
- Some local extracurricular activities happen on federal lands. Little league sports teams, Boy Scouts, etc. Again, not that you have to be using at the time, but if you get into an accident at one of these facilities and the federal police sees the state-legal stuff in your car, you can be charged with a federal crime for that.
- Any federal building and attached properties like parking lots. For example, if you’re going to the VA to pick up a friend who just had some medical treatment and have an accident, the investigating federal officer can charge you if you have state-legal marijuana goods.
- Sometimes you don’t even know when you are on or are traveling through federal land, so you can’t always prepare. For example, the Laguna Seca race track is near (borders on?) federal lands with federal roads and federal police, but the scope of the federal lands is not always clearly marked. So choosing which roads you take to the track determines whether you are breaking the law or not.
- Most major airports are federal. As such, even a flight from SFO to LA is supposed to be free of state-legal marijuana.
I don’t know how often possession is prosecuted in these situations, but there are enough stories bouncing around that it’s slightly concerning given that, imho, the number of stories should be zero.
The solution is to have the message from the top being that they don’t want to see these charges ever in CA and similar stares (waste of time), and any extracurricular behavior like roughing someone up or treating them like a criminal will result in an administrative action against the officer.
I doubt this will happen soon.
I think the best we can hope for is for prosecutors and senior officers to be consistently dismissive about any low key possession charges that junior officers make.
Or, to put it a different way. It's not that it's legal in CA. It's that the state won't do anything about it.
In the past Presidents and Governors pardoned people on their last days in office - when they’re least accountable to electors.
Now they (one anyway) is doing it right before and election.
That’s really big.
Or is the “cesspool” you are describing no longer just consist of people who disagree with you, but has now become people who could disagree with you in the future?
The only things above the fold on the article I see (in a full screen browser winder), are the title, a giant headline that "Study links high-THC marijuana to mental health issues" in a video player, and the same headline immediately below the video player.
Scrolling down the next thing I see is two paragraphs of un-emphasized and dry text describing the announcement, followed by "DEMOCRATIC SENATORS HIT BIDEN FOR 'EXTRAORDINARILY DISAPPOINTING' STANCE ON MARIJUANA" in all caps, highlighted, and underlined (as a link).
After that we have a picture of Biden, and four more paragraphs of text (as above). We round off with a video with the headline ""RAINBOW FENTANYL" WARNINGS OF AHEAD OF HALLOWEEN".
Edit: And finally the main body of the article closes with advertisement for their app, saying this is similar to steps taken by new york, and acknowledging AP. Just to be complete.
I think the context which fox puts this announcement in... really speaks for itself.
Do you have a link about this? Because he's shown hostility towards marijuana legalization, promised to veto it if it was sent to him, and in the past supported draconian drug laws.
Show me a policy document along with a bill from that office and I'll consider it more than an election year symbolic gesture.
0: https://www.brookings.edu/blog/fixgov/2015/02/13/how-to-resc...
(White House and executive offices don't produce "bills", other than signing the ones proposed and passed through Congress)
Obviously we can only wait to see what comes next, but I'm not sure what more you'd want? The review process has to occur, so there's no additional "policy" to be had at the moment. Obviously there's a possibility that rescheduling doesn't happen as a result of that review, but that hardly seems likely given the current political and social climate around marijuana.
Seemed like a pretty straight-forward way to communicate "and this is step 2, which is a work in progress".
It's reasonable to be cautious about a politician making a promise in anything but the most legally-binding possible way. It's not reasonable to straight-out call that politician a bald-faced liar if he hasn't demonstrated a propensity for such lies (unlike some I could easily name).
6000+ people were.
Edit: of course that’s temporary.
Now the president can pardon people for this before every election!
(Neither party has a monopoly on this BS.)
Presumably if you're caught with weed in DC then it's federal. But under what circumstances could you be found in possession with marijuana anywhere else and have it be a matter for the federal government, not the state one?
I wish you were correct. But there's a difference between doing something because you know it's right (implore congress to pass legislation on marijuana immediately) and because you need the votes. Only one of them is virtuous even though both ostensibly benefit the people.
Consider also that these federal marijuana convicts were charged due to such simple infractions as carrying weed onto federal property such as national parks (given their greater popularity in recent times).
This shouldn't be too controversial.
https://www.cnn.com/2019/05/16/politics/joe-biden-marijuana-...
It means practically nothing and we must demand more than symbolism.
This absolutely does not apply to any state.
I'm still cynical, but slightly more optimistic today.
B) World War II started two years earlier than Pearl Harbor, when Hitler invaded Poland. The idea that FDR started WWII is the most ludicrous, revisionist idea I've ever heard about history.
2. My point is it's not really a "world" war without the US. Would've probably called it something else.
2. Adding a continent to a war is not the same as starting it. That's like saying that if the US entered the war in Ukraine, then Biden started WWIII.
The person who started the war is the person who invaded a sovereign neighbor to expand his empire.
The Chinese might disagree.
You're good!
[1]https://www.businessinsider.com/bidens-marijuana-pardons-won....
If so, that’s a whole lot more than 149 people.
In 2017, there were 650 000 marijuana arrests across the states, up from the year before.
The local laws of DC including those forced upon DC by Congress are not however federal law and violations of DC laws are not a violation of federal law. If you violate DC law you are prosecuted in the Superior Court of DC which is part of the DC government. If you violate federal law in DC you are prosecuted in the United States District Court for the District of Columbia which is part of the federal court system.
Good catch, thanks for the correction.
> The local laws of DC including those forced upon DC by Congress are not however federal law and violations of DC laws are not a violation of federal law. If you violate DC law you are prosecuted in the Superior Court of DC which is part of the DC government. If you violate federal law in DC you are prosecuted in the United States District Court for the District of Columbia which is part of the federal court system.
In terms of terminology used every day, you're right. But really, federal authority underlies both of those two legal and judicial systems. It wouldn't violate any separation of powers concern for Congress to amend the rules such that DC local law violations go straight to the US district court, unlike what would be true if DC were a state.
https://www.pewresearch.org/fact-tank/2021/01/22/trump-used-...
Or the non-existent controversy over Clinton pardoning Patty Hearst and members of the Weather Underground?
Or the non-existent controversy over Clinton pardoning his half-brother?
Or the non-existent controversy over Obama commuting the sentence of Chelsea Manning?
But if what you're fishing for is that Assange did more for the world, was more dis-proportionally persecuted with less legal justification, then yes.
Listing the pardons by appropriateness is just one component that may help analyze the issue. That’s what I meant by asking the question.
Above all I do not want to argue politics. I am not a supporter of the previous President. Nor am I a supporter of the current. In the past I have voted for Democrats and Republicans but I’m pretty sure it’s protest 3rd party votes for me for the foreseeable future.
Are there more and do you think other administrations have participated in this affront to justice?
IMO our education system should be focused primarily understanding and respecting history, law and civics.
I think the vast majority of Americans have no idea about any of the basics of the American system, which is frankly... scary.
I'll go out on a limb and suggest that civics and history aren't going to stick any better than any other subject until critical thinking has first been taught.
When you (plural) are making 6-figures a year, living in some high class inner suburb, working for some employer who has tons of money sloshing around, you don't need to be good at playing the game because you can just pay your way.
Poor communities need to actually be good at playing the game in order to be heard.
In both cases it shouldn't be a requirement; we don't demand studying the NEC before using electricity.
And even those with a very good understanding of the constitution and civics probably don't have a very good handling on the actualities of how everything works, unless perhaps they're a criminal lawyer.
The amendments are another 15 pages, which is mostly taken up by footnotes about which states ratified them when. On https://en.wikisource.org/wiki/United_States_Bill_of_Rights and https://en.wikisource.org/wiki/Additional_amendments_to_the_... we have 809 and 2698 words respectively. That's another 10 minutes of reading.
Also, most of that text is unchanged since 01789, and it hasn't changed at all since 01992, when one sentence was added. If you'd spent those 22½ minutes in 01992 you'd still be up to date. And it is in the public domain, so it is easy to obtain.
NFPA's National Electrical Code (I assume that's the one you mean) is over 1000 pages, and a new version comes out each year.
Since we're in a democracy, every election involves everyday citizens adjusting the wiring of our government. Doubly so in states that allow voter-initiated statutes and constitutional amendments via referendum.
Of course most people are never going to be arguing cases before the supreme court or writing laws, and those would require far more expertise than anyone needs. At the same time, most people will never be mathematicians but we still have math classes. No one is becoming a master in a subject from primary education, but they should have some basic literacy in the subject and a foundation to build upon.
While people born in the US automatically have citizenship, my personal belief is that people should have to pass the citizenship tests to get the right to vote.
btw, I'm in Australia, and our voting is compulsory (or at least being enrolled and being crossed off as submitting a ballot paper, the vote itself is secret).
I think if we're going to set tests for citizenship for foreigners before they're allowed to become citizens, why shouldn't the same tests apply to locals?
I mean, you're not wrong, but that's not what the majority of schools' funding is staked upon.
I would expect most of the Federal charges of simple possession occurred at national parks and monuments. But still even if violations were widespread, arrests and convictions probably weren't. You would need a really bored D.A., and I would assume they're usually just as busy as most other attorneys.
Borders?
From talking with friends, Biden isn't terribly popular with the segment of Democratic voters for which marijuana and student loans are top priority. He managed to make progress on the student loans recently, but efforts on drug reform have stalled.
That's true of pretty much every politician who's been in office for more than, say, fifteen years.
Save a few libertarians here and there.
So excuse me for being a little cynical when one of the guys from the "no we'll just use the state jackboot to solve all the problems" camp is pardoning people.
Is the guy a doddering old fool or a dangerous demagogue? It can’t be both simultaneously
The simple solution to the contradiction you propose is: He is a doddering old fool, who is controlled by dangerous demagogues. (And actually, this might describe his predecessor as well.)
But that doesn't mean we can't appreciate when they occasionally do something good (regardless of their motivations), and this is one of those times.
There’s no drug in the world that makes someone go from doddering to able to give long speeches and stay on point.
What's odd is that there hasn't been a push for clemency/pardons when legalization happens.
I don't care about marijuana, it's never been very interesting to me, but it's absurd the amount of human capital that's gone into stopping it and sigmatizing its use in this country.
There absolutely has been though.
California: https://www.pubdef.ocgov.com/programs/dismissal-and-re-sente...
Washington: https://www.nbcnews.com/storyline/legal-pot/washington-gov-i...
Colorado: https://www.colorado.gov/governor/news/6986-governor-polis-g...
etc. etc.
These are things that have happened decades after legalization!
For me, this kind of thing was pretty well covered in high school, and my high school was far from excellent.
I'm sure I read some textbook that said the president can pardon Federal crimes, but my test was something along the lines of "what powers does the executive branch have" and "the pardon" was a good enough answer.
> Mr Biden, a Democrat, said he will call upon all state governors to issue their own marijuana pardons.
A large part of The War On Drugs was the top-down messaging villainizing possession and use of cannabis, and that same power is now being used in the opposite direction to some extent. Combine that with an aging baby boomer generation, and you have youth growing up in red states today who are much less likely to believe that folks should be put in jail for possession.
Next the purple states will adopt similar language and policy, then the idea of criminalization well become an outside/extremist/fringe policy and – my prediction – finally within a decade or two even many red states will be decriminalizing cannabis as well.
The list of cannabis offenders imprisoned federally is 40k people. Biden pardoned 6.5k most of whom are not currently serving time.
I'm not in the US and I am aware of the Fed/States law/divide but that's not the most important issue for those of us outside the US.
The truly significantly point about Biden's announcement is that the attitude to marijuana use will almost certainly change worldwide. I don't expect the world to go pot-crazy overnight or such, but as I see it it's a very noticeable (albeit small) crack in the way drug use is policed and this will be echoed to varying degrees worldwide.
The fact that the US president has done this is an indicator to the world that the all-or-nothing/black and white approach to policing drug use is not the correct approach and that it ought to be more nuanced and targeted. And, in my opinion, that's to be welcomed.
It goes without saying there are major problems with drug use and I'm not advocating a free-for-all approach to their use—far from it. However, what Biden's announcement shows the world that not all drugs have equally bad outcomes for users and that this should be reflected generally by grading drug laws more appropriately.
With Biden's words, hopefully drug use will become less of a criminal activity and more of a medical one.
FYI, I'm not a marijuana user—well anyway not a recent one, haven't used it since my student days quite some decades ago.
nothing whatsoever, other than you know, shuffling https://www.drugs.com/article/csa-schedule-1.html