• givesomefucks@lemmy.world
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    7 months ago

    In a wide-ranging final rule released Friday, the Department of Health and Human Services (HHS) strengthened the Affordable Care Act’s (ACA) rules that prohibit discrimination on the basis of sex, including on the basis of sexual orientation and gender identity, in certain health programs and activities.

    So…

    The White House gets credit for this, and when Trump was president he rolled it back…

    This really makes it seem like a president has authority over federal agencies like HHS on stuff. But that can’t be true, because the only reason Biden hasn’t decriminalized cannabis is because he’s not a dictator and has no control over government agencies like HHS.

    • disguy_ovahea@lemmy.world
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      7 months ago

      Biden addressed HHS two years ago, who recommended descheduling to class 3. The DEA has been stalling the approval ever since, regardless of pressure from Biden and Harris. Decriminalization requires Congressional approval prior to getting to the president for approval. The only way Biden could override would be with an Executive Order, a temporary form of legislation that’s designed to address a crisis while allowing time for proper legislation. A temporary decriminalization that would expire would be far more disruptive to the industry than using the current system.

      • givesomefucks@lemmy.world
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        7 months ago

        The DEA has been stalling the approval ever since, regardless of pressure from Biden and Harris.

        So the head of the DEA doesn’t serve at the pleasure of the president?

        And the president can’t just replace the head of the DEA with someone willing to do the job?

        The only way Biden could override would be with an Executive Order,

        No, because he could just replace the head of the DEA.

        Like, your logic is a kid that won’t stop playing a videogame for supper. You keep saying you can’t stop playing the game because it’s not over, but mom can just walk up and turn it off. Then the games over and your not playing.

        Biden can tell the head of the DEA to decriminalize or pack his desk.

        But he won’t.

        Now you can make aaaaallllll the excuses in the world for why he won’t and why that’s good.

        But you can’t say he can’t fucking do it when he obviously can.

        You don’t even have to take my word for it:

        Although the President may not unilaterally deschedule or reschedule a controlled substance, he does possess a large degree of indirect influence over scheduling decisions. The President could pursue the appointment of agency officials who favor descheduling, or use executive orders to direct DEA, HHS, and FDA to consider administrative descheduling of marijuana. The notice-and-comment rulemaking process would take time, and would be subject to judicial review if challenged, but could be done consistently with the CSA’s procedural requirements. In the alternative, the President could work with Congress to pursue descheduling through an amendment to the CSA.

        https://crsreports.congress.gov/product/pdf/LSB/LSB10655

        That’s from the people whose job is literally to research if and how our government can do stuff.

        • disguy_ovahea@lemmy.world
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          7 months ago

          Yes, he could just replace the head of the DEA for non-compliance with his request. No, that’s not good leadership.

              • Deceptichum@sh.itjust.works
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                7 months ago

                It’s not a team, it’s a government.

                If your boss told you to do something completely legal (and ethical), and you just went “Mmmm no” you’d find yourself looking for a new job after not too long.

                Stop defending this bad behaviour.


                And clearly I used the word subordinate because it flowed well with insubordinate.

                If the only counter you have is to critic some stylisation of wording, you’ve got no legitimate reason.

                • disguy_ovahea@lemmy.world
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                  7 months ago

                  The didn’t say no. They have yet to respond, and the president cannot assign a due date. I’m in full support of decriminalization, let alone descheduling. I’m only speaking to an understanding of the situation, not arguing my opinion of marijuana reform.

                  The President is a leader of the most important team in the nation. We are in stark disagreement if you believe otherwise. If you want to criticize actions, judge the DEA for stalling, or Congress for linking the DEA’s budget to their apprehension records. The President cannot control those things without wrongful termination or an irresponsible Executive Order.

                  The minute you terminate someone who disagrees with you, you admit to being unable to lead that individual. It erodes at your respect with other team members, and inhibits your growth as a leader.

                  • Deceptichum@sh.itjust.works
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                    7 months ago

                    Failure to act is as much a “no” as them putting it in words.

                    The minute you terminate someone you can’t control, you admit to being unable to lead that individual. It erodes at your respect with other team members, and inhibits your growth as a leader. It’s simply poor leadership.

                    That is utter bullshit. The minute you don’t remove a person who’s a problem you show what a poor leader you are.

                    If you just allow the shit to fester because “I can change him” you’re actively making it worse for everyone else.

          • givesomefucks@lemmy.world
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            7 months ago

            o, that’s not good leadership.

            Why not?

            It’s what voters want, it’s what health experts say, and it would be a giant economic boom

            Like, you realize decriminalization was one of his campaign promises, and then he appointed the current head of the DEA, right?

            Did it just not come up at all while he was looking at candidates?

            BTW:

            Did you know she used to be pro medical and wanted people in her state to grow their own?

            https://newjersey.news12.com/ag-milgram-backs-medical-marijuana-bill-34885866

            Now suddenly she’s insisting it has to be scheduled 1 even though literal medical experts and the president are telling her to deschedule?

            There’s no world where you honestly believe federal agencies should be ran like that, answering to no one and ignoring science for personal beliefs that change without explanation

            • disguy_ovahea@lemmy.world
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              7 months ago

              Congress is the problem with your proposal. Descheduling can be done by an agreement of HHS and the DEA. Congress needs to pass decriminalization for it to get to the president for approval.

              • givesomefucks@lemmy.world
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                7 months ago

                Nope

                Although the President may not unilaterally deschedule or reschedule a controlled substance, he does possess a large degree of indirect influence over scheduling decisions. The President could pursue the appointment of agency officials who favor descheduling, or use executive orders to direct DEA, HHS, and FDA to consider administrative descheduling of marijuana. The notice-and-comment rulemaking process would take time, and would be subject to judicial review if challenged, but could be done consistently with the CSA’s procedural requirements. In the alternative, the President could work with Congress to pursue descheduling through an amendment to the CSA.

                https://crsreports.congress.gov/product/pdf/LSB/LSB10655

                • disguy_ovahea@lemmy.world
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                  7 months ago

                  That’s exactly what I wrote. lol

                  Descheduling is done through HHS and DEA.

                  Decriminalizing is done through Congress.

                  We’re done here.

                  • givesomefucks@lemmy.world
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                    7 months ago

                    The President could pursue the appointment of agency officials who favor descheduling, or use executive orders to direct DEA, HHS, and FDA to consider administrative descheduling of marijuana.

    • BumpingFuglies@lemmy.zip
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      7 months ago

      the only reason Biden hasn’t decriminalized cannabis is because he’s not a dictator and has no control over government agencies like HHS.

      The only reason Biden hasn’t decriminalized cannabis is because it keeps (mostly ethnic minority) people in jails, and having full jails is very profitable.

      Fixed that for ya.

      • givesomefucks@lemmy.world
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        7 months ago

        Uhhhh…

        The White House just said Biden wasn’t banning menthols because he’s polling bad with Black voters.

        And lots of people assured me that means he’s the opposite of racist

      • disguy_ovahea@lemmy.world
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        7 months ago

        Neither the president, nor HHS, nor the DEA can decriminalize a drug. They can only deschedule. Congress must pass a decriminalization measure before the president can sign it.

        Descheduling has no effect on criminal charges. That would require decriminalization.

      • givesomefucks@lemmy.world
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        7 months ago

        If you give a president credit for every good thing, and never blame for the bad things…

        How are you better than a Republican?

        • Deceptichum@sh.itjust.works
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          7 months ago

          Biden can do no wrong, when he does it’s because he’s powerless, when he has power but still does wrong it’s because congress, when congress is irrelevant and he has power and still does wrong it’s because you want Trump to win.

          • AbidanYre@lemmy.world
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            7 months ago

            Nobody’s saying that. But when you same 4-6 accounts (Lemmy’s not really big enough for you to get lost in the noise yet) show up on every article to shit on Biden for things that aren’t even related to the article, it gets really fucking old.

        • cannibalkitteh@lemmy.blahaj.zone
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          7 months ago

          Yeah, fuck me for not wanting to get discriminated against by the medical system, you not getting to take legal bong rips is the real travesty!