
The Executive can change a drug's "schedule," affecting its level of regulation (photo: wikimedia)
You can read the relevant provisions of the law here. What this means is that written into our drug laws is a mechanism for the executive branch without Congressional involvement to move drugs to a lower “schedule” of oversight or remove them from federal control all together. It is not uncommon or unusual for the relevant executive agencies to use this power to change the scheduling of different controlled substances.
A determined president (example: Ron Paul) could instruct the relevant executive agencies to take the step necessary to remove any drug (example: marijuana) from federal scheduling or reduce it to the lowest schedule, making it legal to purchase the drug over the counter without a prescription. Such a move would make a drug legal under federal law.
Ending the federal drug war, or at least radically scaling back the drug war, is one of those issues where the president has very broad legal authority to take significant unilateral action.
Yet for some bizarre reason simply assuming the president doesn’t have this clearly outlined power has become a common “justification” for liberal writers to attack the idea of supporting Ron Paul. I consider the continued existence of this particular type of falsehood to be a serious problem for democracy. Examples include this completely inaccurate assertion about federal drug law from Matthew Yglesias in August:
The fact is, however, that most anti-drug laws and most drug law enforcement happens on the state level, and President Paul won’t be able to repeal federal drug legislation without backing from Congress, which won’t happen. Like any president, President Paul will need to work with members of Congress and will need to set priorities.
It is not enough to simply proffer Paul as a protest candidate.One must fully imagine the import of a Paul presidency. How, precisely, would Paul end the drug war? What, exactly, would he do about the Middle East? How, specifically,would the world look for women under a Ron Paul presidency?[....]
I would like nothing more than to join my friends in support of Paul and exhilarate in a morality unweighted by the ugly facts of governance and democracy. But the drug war is not magic. It is legislation passed by actual politicians, themselves elected by actual by Americans. Unbinding that war demands the same.
Yes the federal drug laws were put in place by politicians. That is actually why some are advocating the American people elect a politician, Ron Paul, to the office of president where he would have needed power to unbind them.
There are many valid reasons to not support Ron Paul based on a whole range of issues, but I have had enough of this unexamined and completely false idea that a President Paul would be powerless to change drug policy without Congress. Voters need to know what legal powers a president has; they need to know that key parts of the war against drugs remain only because the current president has actively chosen not to use those legal powers.
It is absolutely critical to a functioning democracy that the electorate know what a politician can and can’t legally do with a particular office. Without proper knowledge of which officeholders actually deserve credit or blame for policies, democratic elections become little more than a farcical popularity contest.




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Really excellent analysis. Very rare to see accurate, detailed legal analysis (on both this site and others), and this piece is a very commendable exception.
Thanks for addressing this. But beyond marijuana (and other largely illegal drugs), I think many prescription drugs should be reclassified toward less regulation.
I understand there are risks involved with drugs, but I have a real life example. I have asthma.
For me to purchase an inhaler (albuterol & ventolin are two examples of prescription drugs), I need to visit a doctor. Then use the services of a pharmacist. Then one would normally pay a co-pay… $25 is normal now.
Yet I see no reason why either of these types of inhalers should require the services of two highly educated and highly paid professionals. The fact is that I can buy these inhalers over-the-counter where I live in Haiti… for five to ten dollars… less than the cost of an American co-pay.
IMO, America should deregulate a number of similar drugs (incl. marijuana). This would reduce a presumably huge and unnecessary cost to the US economy, freeing up scarce money for other purposes.
Why would O want to.
Paul might end drug war, but he would be completely comfortable with PhRMA selling you any kind of Chinese adulterated melamine injected shit they please for $100 a pop.
Emancipation Proclamation. Executive Order?
Great idea then, as now. Behavior control freaks suck!
Thanks Jon. Yes, the only reason we are still burdened with Nixon’s war on drugs is because Obama likes it that way. Of course he is not his own man but that’s another story.
Of course on a similar note 2/3 of Congress could end the war on drugs even if the president wanted it to keep going.
Many people can be blamed but it is important to know why.
Under a President Ron Paul you have 50 different policies that determine whether pot is legal and under what conditions you can procure it. I’m not sure which part of decentralize power people don’t get. Yes, you will get rid of the DEA and the war on drugs at a federal level. However, localities can and likely will still have laws regarding drugs.
Stuff like this would be the law of the land.
http://www.roanoke.com/editorials/commentary/wb/268734
currently states often set laws in excess of federal laws. That is how our Constitution works.
Many many states/cities/municipalities ban possession/sale/use of schedule 1 drugs. That is to say they explicitly incorporate the Federal drug schedules. Change the federal schedules, you effectively change state/local law.
Just in from the San Francisco Chronicle, fwd’d by Gary Johnson campaign:
“ACLU report card finds fault with Obama, rivals
Bob Egelko, Chronicle Staff Writer
San Francisco Chronicle January 2, 2012 04:00 AM Copyright San Francisco Chronicle. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Monday, January 2, 2012
The American Civil Liberties Union has issued “Liberty Watch 2012,” its report card for presidential candidates on issues like surveillance, torture, gay rights and immigration. No one gets an A, including President Obama.
Obama, the only Democrat among the 10 candidates rated, got a perfect score – four “torches” – on only one issue, allowing gays and lesbians to serve openly in the military, for his backing of the December 2010 law that repealed “don’t ask, don’t tell.”
But he received lower marks on immigration, abortion rights and “closing Guantanamo Bay and indefinite detention,” where his one-torch rating was attributed to backtracking on a promise to shut the prison for suspected terrorists and his support for holding their trials in military commissions.
Highest ranking
The highest overall rating went to former New Mexico Gov. Gary Johnson, a Republican-turned-Libertarian, who opposes the Patriot Act and – unlike Obama – supports the right of gays and lesbians to marry. Among the leading Republican candidates, libertarian-leaning Rep. Ron Paul also got a higher score than Obama despite low ratings in several categories.
The ACLU gave the Texas congressman high marks for opposing the Patriot Act and indefinite detention of suspected terrorists, condemning waterboarding and voting to repeal “don’t ask, don’t tell.” But it criticized Paul’s call for an end to “birthright citizenship” for children of illegal immigrants, his support of the law that denies federal marriage benefits to same-gender couples and his opposition to abortion.
Obama, endorsed by abortion-rights groups in 2008, was given three torches on “reproductive choice” by the ACLU, which cited his support for federal funding of Planned Parenthood and family-planning programs but also his bowing to Republican demands to ban funding for poor women’s abortions in Washington, D.C., as part of legislation to prevent a government shutdown.
Obama also accepted restrictions on insurance coverage for abortion in the national health care law that passed in 2010.
The survey can be viewed at http://www.aclulibertywatch.org/ALWCandidateReportCard.pdf.
Ps. to all those readers of FDL who rarely hear of different policy positions of ANY candidates, Gary Johnson is running for the Libertarian nomination for President. He is the twice elected fiscally conservative Republican Governor of New Mexico (an overwhelmingly Democratic state) AND he is WAY far left of Obama on social issues – starting with drug legalization and gay rights!
And while I’m not expecting this de-reg to occur, I think America ought to at least be given credit for what I just described.
This is a huge form of foreign aid… and while I recognize there’s a real need for it… I wish Americans — who effectively pay the subsidy — got credit for it.
Your argument could be applied to alcohol. I think it’s far more difficult to buy/drink alcohol in Utah, than in the other 49 states.
I agree it’s not perfect, but I’d rather have 50 laws with some making sense… rather than one law that doesn’t make much sense.
I’d prefer one law that made sense.
You miss MY point. This whole idea that if FEDERAL law goes away that abra cadabra the drug war goes away. It doesn’t. The playing field switches to state by state.
If you think that’s better, have at it. Don’t complain though when the revenue stream is actually civil fines in semi conservative states.
While an good analysis of the details of the law, this piece seems to miss the much bigger picture – governments exist to enslave people, not to free them.
The existing power structure is as likely to end “the war on drugs” as they are to end the Fed.
BC the alternative does not contribute to prez campaign.
Alcohol should become quite fun for the states that have made it easier to access for minors.
Alot of alcohol laws are fairly standardized because of federal authority and in particular highway funding.
Can’t wait to see what a President Ron Paul does to the ATF(tongue firmly in cheek)
Govts may or may not enslave people. Ditto corps. Right now that both do and it is rare when neither does.
Paul might, is you assume only for the sake of argument that he is sincere, reduce USG enslavement of people (well except for abortion, but women concerned about that have been so intimidated that the movement is dead) but would revel in corp enslavement of people.
That’s why I gave you the example I gave you.
Virginia is one of those states.
Me too. I’d like to see the Feds regulate and study it. There is so much info out there that contradicts itself. Just today there was another “study” released. It was a control group of 15 though. Not very big.
as usual… I knew you understood before you even commented…
and with regard to reality, all I have to say is
:(
Your inclinations are dangerous.
Michelle Alexander – The New Jim Crow
http://www.youtube.com/watch?v=IgM5NAq6cGI
Supporting Gary Johnson in 2012 allows one to vote one’s conscience while not tipping the balance towards the non-Paul GOP, who remain more vile than Obama.
With enough early support, Gary Johnson could fatally wound the GOP.
Your doctor can write you the prescription for up to a year with that one visit. Frankly, if you have a condition like asthma then annual check ups would seem to be in your best interests.
The inhalers got more expensive because of environmental regulation from what I understand.
simply not true. All prescription drugs are more expensive in America because we grant the makers a monopoly with no price control. Other countries use price control because they believe an uncontrolled monopoly is just madness.
Good analysis Jon. What I’m seeing here with some responses is fear. Sure there are people/agencies that wont be too happy if the drug laws went away or minimized. That doesn’t mean a President Stein shouldn’t make a first step by executive order.
You might be a neocon if
Actually
http://articles.nydailynews.com/2011-09-23/entertainment/30214882_1_combivent-inhalation-aerosol-hydrofluoroalkane-asthma-inhalers
I was a pharmacy technician in the Navy. I tend to be fairly aware of most things that have to do with my previous field.
I think that is just the excuse they use.
agreed, but I still think that ought to be a personal — and less expensive — choice, like using Tylenol.
That had an impact recently (CFC reduction), but the disparity in prices between countries is massive and has existed at least since I first worked overseas in 1995.
Btw, the pols know this is true. I’ve personally mentioned it to various Congressmen, including Hastert (while Spkr) and I think Albright too (while SOS).
IMO, the problem is clearly explained by eCahn… as usual… follow the money… why else did Obama design / approve a carve-out for Billy Tauzin?
Well the patenting portion is probably not overwhelmingly helpful.
However Paul supporters will be thrilled to learn that the actual environmental policy was a result of a 1987 GLOBAL initiative that sought to protect the ozone layer.
Evil global initiatives making things more costly/s
I’m not as familiar with pricing outside of the states. So I’ll have to take your word that regulation is a large part of the cost curve here.
Some drugs are specifically Scheduled by Congress, and if Ron Paul makes a changes to scheduling I’m pretty sure the current Congress would enact legislation to make scheduling to be completely enumerated by Congress.
Asthma is not the only disease that has placed pharma/medical profits above patients. My husband has been Type 1 diabetic for 54 years. Once upon a time, he could purchase a vial of insulin—selecting from a number of strengths and species—over-the-counter for about $10 (a month’s supply). Thirty disposable syringes (once they became available) added another $20-$30/month. Once rDNA insulin was patented—and BigPharma withdrew all natural forms of insulin from the U.S. market, the costs skyrocketed. He well understands the product which he injects into his body numerous times a day—yet now he must get a prescription from his doctor, with finite refills. During 54 years, he has broken only 3 vials—and of course, Murphy’s Law is operant—it’s always happened when he was away from home, away from his doctor and pharmacist. While one medication is available without a prescription, having filled its marketing usefulness as “the latest and greatest”, it is now on its way out, since the patent has expired, and current literature continually points out its inferiority (must support the newest, patented ‘latest/greatest’ don’t cha know?) The Rx-only, in many cases, is the current business model.
(BTW, hubby can—after jumping through many hoops with FDA/USDA/customs/FedEx—import natural insulin from another country. Even with a hefty $250 shipping fee attached, he can cut his insulin cost by almost 50%, with superior outcomes.)
Doesn’t this sound familiar??
“The fact is, however, that most anti-drug laws and most drug law enforcement happens on the state level, and President Paul won’t be able to repeal federal drug legislation without backing from Congress, which won’t happen. Like any president, President Paul will need to work with members of Congress and will need to set priorities.”
I seem to remember Obummer saying all kinds of hopey-changey things in his run up to be president.
How many times has he blamed his inaction on having to deal with congress?
Or his “compromises” because of congress?
Pitoui
Diabetes is another really difficult disease. It’s so very hard on the body. Even if he completely understands what he is injecting in his body, it still seems like an annual visit to get a prescription(and my opinion is an annual visit ought to be free for every American)to check his kidney and heart would be in his interests(and that is all that is technically required since rxs with refills can last a year.
I do sympathize though. It’s an extremely costly disease. Without help my neighbor was spending upwards of $200 monthly for her equipment and medication(she wasn’t as well managed as your husband though.)
If you read the article it is not that the new enviro friendly inhaler that cost more money to make. It is the fact that the new ones is protect by a patent.
I’ve been working on the issue of mass incarceration (the racist drug war being a big part of the prison explosion of the last 30 years) for some years and, along the way, I’ve HAD to make alliances with looneytarians here and there. However, what Paul doesn’t get is why the drug war is racist. He isn’t addressing institutional racism. He has no interest in addressing the core issue of racism, he just sees it as a government program. While stopping the drug war (and I doubt that in today’s political climate any president could exert even his constitutional powers, but that’s another topic) would go a long way in decreasing the arrest rates of people of color, it wouldn’t address the racism that creates these racial disparities in the first place.
In any case, this is a moot point as I would never vote for a racist to begin with.
trust me… I get it. The issue is BIG and largely unknown to many.
HuffPo just ran a “politifact” type of piece on Ron Paul’s conspiracy theories. One “conspiracy” they deemed to be true was Paul’s assertion that the medico-pharma complex was largely behind the criminalization of now illegal drugs (marijuana, opium, etc.)
I think there is a real push by Pharma to ensure the continued domination of drugs. And I don’t fault them at all for copyrights. They need to recoup their expenses and make a profit. But I think it’s ridiculous that MDs and Pharmacists need to be involved in so many drugs. Some is fine… but it’s too many IMHO.
Hooooo-kay
Don’t complain though when people start dying because drugs effect things like liver, kidneys or heart function.
TimWhite–
If interested, you may want to check out a website called 1boringoldman dot com. A (semi) retired psychiatrist, he was too busy treating patients to see what occurred over a couple of decades in the arena of BigPharma and mental illness. The ‘thought leaders’–annointed by BigPharma–have over-medicated our children, our elders, our prisoners . . . and in these economically-challenging times–most of our population. His eye-opening has spurred much detailed research, demonstrating how we arrived at our current mental health crisis. And his epiphany was the enormith of the big bucks involved, and the co-opting of our educational institutions!
Paul doesn’t care to understand racism. It doesn’t affect him or his progeny and likely never will.
Even at a state level drug laws will impact the poor which quite often are minority members. I wish I could say I thought any of the candidates would lead to a more equitable state of affairs but I don’t.
The best I can do is vote Jill or Rocky. Their stances seem the least likely to hurt the most vulnerable.
He does see physicians regularly . . . but as they come and go, he’s actually been treated/counseled by “diabetic specialists” who have never seen natural insulin . . . who don’t appreciate the Smoygi effect . . . or who don’t understand ‘rebound.’ (Those he sees only once.) But where–once upon a time–his doctor could treat him completely, now he must see an opthalmologist–at least once a year; his diabetologist quarterly; a nurse educator if his “good numbers” are not good enough; a nephrologist; an allergist; etc. A medical merry-go-round. Add in medical egos, individual responses to various protocols, and the inability of many doctors to LISTEN and the disease is truthfully more difficult to deal with than it was in the past. Sadly–outcomes (morbidity, mortality and quality of life) have not improved significantly!
Also the Controlled Substance Act has an initial list of scheduling, So if Ron Paul got rid of the DEA and FDA (unconstitutional without Congressional support), then the law would initially revert to this listing. If Ron Paul doesn’t get rid of these departments, he then has to appoint a head of the DEA and FDA that gets approved by the Senate, who aren’t going to approve anybody who would unschedule anything.
Some of those doctor names aren’t familiar to me. Is his doctor the one requiring him to see diabetologists and allergists( I get the nephrologist and opthalmologist) so often?
And I definitely agree that alot of doctors can and should work on their bedside manners. The subjective portion of a visit should be just as important as the objective(those numbers). Listening is a lost art form in offices where physicians end up devoting 15 minutes to a patient to maximize profits for for profit clinics.
just saying that there are certain drugs — such as inhalers — that should / could be either de-reg’ed or reduced in reg classification.
Meanwhile, Pat Robertson claims God has told him who the next president will be. I wonder how he distinguishes this from a psychotic episode?
Dear Tim –
Kind of OT but not. Congratulations on getting your inhaler so inexpensively! I have one: the U.S. copay was $65. Yikes. Even though my asthma guy’s careful instruction on how to use it properly was essential, that should not affect the gizmo’s price. Then a homeopath advised avoiding cow dairy (though butter is OK – go figure) and wheat, to cut down on phlegm, to cut down on coughing, to cut down use of the inhaler. For me, it has worked. Good luck!
For a $65 co-pay, you may want to consider buying an overseas flight… even to nearby Mexico or the Caribbean to buy three or four inhalers. The $200 or 300 you save on copays may pay for the cost of the flight!
Marcia Angell exposes the research and spending habits of the world’s top pharmaceutical companies
http://www.youtube.com/watch?v=ouF3ISihHLM
Author of The Truth About Drug Companies
Yglesias wasn’t wrong. Drug legalization is considered radical to Congress, otherwise it would already have been done. Any President wishing to making marijuana legal would indeed face a Congress that can take back the authority it gave the Attorney General to alter the schedule of a drug in the Controlled Substances Act.
Also, the Controlled Substance Act ties the scheduling of drugs to international law. The United States ratified the Convention on Psychotropic Substances. Under that treaty, THC is a Schedule I substance. The Attorney General is required to schedule a drug at at least the minimum schedule required to conform with the scheduling under the Convention. Schedule I is the most restrictive schedule under the Convention.
This is how I am reading the relevant law, however.
Relevant federal law: http://www.law.cornell.edu/uscode/html/uscode21/usc_sec_21_00000811—-000-.html
Convention on Psychotropic Substances: http://www.unodc.org/unodc/en/treaties/psychotropics.html
Yep, just mor big $$$$$$$$$$$$$$$$$$$$$$$$$
Would the real owners of this country (the corporate plutocracy) allow a maverick like Ron Paul to become president?
I think Paul’s economic philosophy is naive and simplistic. He would be inadequate to address the economic depression that Obama has refused to address, aside from a half-baked stimulus bill in February 2009. However, Paul’s philosophies on civil liberties (other than abortion rights) and foreign policy are reasons enough to support him if he gets the Republican nomination. That is a very big if. The plutocrats will pull out all the stops to turn the Republican base against him. The plutocrats have a very strong record of being able to manipulate those morons in the base.
I couldn’t care less about the dubious stories of old, allegedly “racist” newsletters. There is too much evidence that Paul is NOT a racist. Those stories come from supporters of the plutocracy.
He would indeed, and he’d be perfectly comfortable with having any entity bigger and stronger than you, except the federal government, make capricious and arbitrary rules you’d be “free” to ignore by moving (job, home, etc.), which of course everyone has plenty of money to do.
A few suggestions: 1) refuse to vote for @ASupremeDalek, 2) consider the new theme song, 3) terminate the corporate entity and watch all daleks scream for mercy.
fyi – Firedogs were introduced to Gary Johnson by Jane Hamsher over 15 months ago – the Gov even had a chat here on these pages
You are correct. The “federal” drug war goes away. And that’s a bad thing?
“the Gov even had a chat here on these pages”
Your use of “even” is funny. Curious, FDL has done a lot on drug legalization which he supports AND Obama doesn’t. And, FDL has done a lot with gay marriage which he is for and Obama is not. I don’t understand why FDL no longer addresses policy positions of the players. Could it be Obama wants this election to be a personality contest?
Your missing one key point. Money. Without Fed. funding for the drug war the States, in no way, could afford to keep up all the enforcement of the drug laws.
Ending the federal drug war would I believe also end a good deal of federal anti-drug money which is currently available for local and state authorities via various enforcement partnerships between the feds and the states.
One of the motives for keeping the whole thing going on the state level is the big pile of federal money. With states strapped for cash anyway, I can’t see most of them continuing on their own dime.
Oops, just saw your post. Same thing.