Obama Lies to Jake Tapper About His Ability to Reschedule Marijuana

[1StrongBlackMan]

20. As with so many things, statutory ...

things are never as simple as folks would have it

{Disclosure: I am in favor of legalization/decriminalization of ALL drugs; and rather than treat drug use/abuse as a criminal matter, support a policy of treating it as a public health matter ... just like cigarettes and booze. But none-the-less, the law is the law!}

Okay here we go ... What does the law say?

Controlled Substances Act

TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT

...

PART B - AUTHORITY TO CONTROL; STANDARDS AND SCHEDULES

§ 811. Authority and criteria for classification of substances.
(a) Rules and regulations of Attorney General; hearing

The Attorney General shall apply the provisions of this subchapter to the controlled substances listed in the schedules established by section 812 of this title and to any other drug or other substance added to such schedules under this subchapter. Except as provided in subsections (d) and (e) of this section, the Attorney General may by rule -
(1) add to such a schedule or transfer between such schedules any drug or other substance if he - (A) finds that such drug or other substance has a potential for abuse, and
(B) makes with respect to such drug or other substance the findings prescribed by subsection (b) of section 812 of this title for the schedule in which such drug is to be placed; or

(2) remove any drug or other substance from the schedules if he finds that the drug or other substance does not meet the requirements for inclusion in any schedule.
...


http://www.fda.gov/regulatoryinformation/legislation/ucm148726.htm

Simple ... that solves it, right? Well ... Not really. Let's look at that again:

The Attorney General shall apply the provisions of this subchapter to the controlled substances listed in the schedules established by section 812 of this title and to any other drug or other substance added to such schedules under this subchapter. Except as provided in subsections (d) and (e) of this section {Emphasis added}, the Attorney General may by rule ...

http://www.fda.gov/regulatoryinformation/legislation/ucm148726.htm

What do subsections (d) and (e) say are the exceptions?

{in pertinent part} (d) International treaties, conventions, and protocols requiring control; procedures respecting changes in drug schedules of Convention on Psychotropic Substances (1) If control is required by United States obligations under international treaties, conventions, or protocols in effect on October 27, 1970, the Attorney General shall issue an order controlling such drug under the schedule he deems most appropriate to carry out such obligations, without regard to the findings required by subsection (a) of this section or section 812(b) of this title and without regard to the procedures prescribed by subsections (a) and (b) of this section.

http://www.fda.gov/regulatoryinformation/legislation/ucm148726.htm

How does this fit? Well ... There are at least three International Treaties, conventions, and/or protocols, that take the authority to add or drop a drug from the Control Substances Schedules, out of the DoJ's hands.

http://www2.nycbar.org/pdf/report/uploads/3_20072283-InternationalDrugControlTreaties.pdf

The law is NEVER simple. And your not fully understanding a law does not make another's correct statement regarding that law, a lie.