OBAMA SHOULD TAKE MARIJUANA OFF THE FORBIDDEN LIST

I’ve been quite hard on President Barack Obama for his abuse of executive power—and will soon file another brief in the 26-state challenge to his immigration action—but there are certainly things that he or any president can do to protect and secure our liberty without violating the Constitution.

One such executive action would be to “declassify” marijuana: remove it from the list of controlled substances (or at least move it further down the list, which would have significant positive legal effects).

While legalizing marijuana as a matter of federal law would take an act of Congress, President Obama can decriminalize it. He can do this by moving it out of Schedule I of the Controlled Substances Act, which is reserved for substances of no medical purpose and a high potential for abuse, and therefore have high criminal penalties attached to their mere possession.

Virtually all marijuana-­related arrests are handled by state and local law...

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