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Right, I already said that. What you are ignoring is that he has the power or fire the person who makes the actual decision.
If your boss let it be known that he wanted a certain result, and your career depended on it...... Even if he can't by strict definition order you to do it so, they are still implicitly controlling the outcome.
A legally defined process that's already been carried out? The rescheduling process has virtually been complete, everything but the actual rule making and rescheduling that is.
And what aspect of the law is conflicting with the DEAs ability to initiate rule making or rescheduling? They've e already received recommendations for rescheduling it to level 3 from HHS.
What law? Rescheduling is entirely within the scope of practice for the head of the DEA. Maybe if they hadn't already received a letter from HHS, but that's already completed. The next legitimate move would be for the DEA to announce new rules/rescheduling.
Wow, practically everything you said is wrong, and it illustrates how you really don’t understand how this works.
To answer one of you last questions first:
The Controlled Substances Act
And, no, just because Biden has the power to fire the head of the DEA doesn’t mean he has the legal authority to force them to come to a determination he favors. That’s just ridiculous.
The most he can do is what he already did, and that is to direct the HHS to order a review by the FDA and the DEA of the scheduling of cannabis, and they’ve already done that. The FDA has made its recommendation, and now the DEA has to make a recommendation for final approval. That’s the process as laid out by the Controlled Substances Act, a law passed by Congress, which lays out, in very specific detail, the process for this. And no matter what you insist, the president cannot shortcut this process nor force a decision either way.
Lol, I own and operate a CBD based company. I am well aware of the laws.
And how does rescheduling conflict with the controlled substance act? They've already done their due diligence, as I said you may have had a point prior to the HHS recommendation, but according to the controlled substance act setting new rules/rescheduling is the next step.
It's not the food in drug administration, its the department of health and human services that makes the recommendation. Again, you have no idea what you are talking about.
He can just fire them if he doesn't and hire someone he knows will follow orders. You're just being pedantic.
First of all, the initial process of drug scheduling is laid out by the controlled substance act, but not how the rules are changed or modified. That's handled under the purview of the administrative procedure act. According to both of these bodies the only thing left for them to do is have the DEA actually rewrite the rules, or reschedule.
The only reason the head of the DEA hasn't done so already (she has made pro cannabis rescheduling remarks) is because the executive is holding off for a bigger impact for the election.
Lol, what short cut? The job is done, it's just waiting for a signature. You don't even know what the process is, what agencies are involved, or even the difference between rule making and law making. Stop pretending that you have any kind of actual experience in this field.
You have very clearly demonstrated that you are, in fact, not.
The FDA is part of the HHS, btw. Which, of course, you would know if you r really did “know the law” as you claim.
I’m tired of explaining this to you, as I have over and over again. And I’m sorry you just refuse to accept the fact that you’re wrong. But you are, nothing you said your change with that.