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Ten Times the President Has Overruled Congress  – Cannabis | Weed | Marijuana

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The President can overrule Congress through an executive order. That’s how alleged President Joe Biden can legalize cannabis.

Presidents have been misusing executive orders for over a century. We’ve discussed this before. But has there ever been an example of the President blatantly overruling Congress?

After all, the Controlled Drugs and Substances Act is a law passed by Congress.

Of course, rescheduling cannabis without Congress is an executive power grab. But scrapping the Act entirely? Or at least removing cannabis from the list?

We sympathize with those who want to follow the Constitution. But as the great American philosopher Lysander Spooner wrote,

“But whether the Constitution really be one thing, or another, this much is certain – that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist.”

Here are ten examples of when the President overruled Congress.

10. President Trump Overruled Congress

(AP Andrew Harnik)

In 2019, President Trump wanted military funds for the U.S.-Mexico border wall. Congress had passed a spending bill that did not give Trump what he wanted. 

So Trump simply declared a national emergency at the southern border and diverted funds from the Department of Defense budget. 

The massive incarceration of nonviolent criminals (most of them black) for cannabis is modern-day slavery. The prison system puts many to work for pennies on the dime. Is that not a national emergency?

Instead, Biden repeats his “federal pardons” mantra as if anyone is in federal prison for simple cannabis possession

9. President Obama Overruled Congress

In 2013, President Obama announced a one-year delay in the Affordable Care Act’s employer mandate. This mandate, passed by Congress, forced certain employers to provide health insurance to their employees.

Obama used his executive powers to overrule Congress and give employers a year to prepare.

8. Obama Overruled Congress Again

In 2012, President Obama circumvented Congress by using his executive power to prevent deportations of illegal immigrants.

While some say Obama’s actions were within his authority, others say granting de facto legal status to a group of individuals requires congressional authorization. Which Obama did not have.

7. Abraham Lincoln’s Suspension of Habeas Corpus

 President Overruled Congress 

Is there a more blatant disregard for the powers of Congress than by suspending habeas corpus? Lincoln did this during the War Between the States. He argued it was necessary for national security.

The Constitution grants the government the power to suspend habeas corpus. But this power is given to Congress only. Congress eventually passed the Habeas Corpus Suspension Act in 1863.

But only after Lincoln took unilateral action.

6. Nixon’s Impoundment of Funds

President Richard Nixon engaged in a practice known as impoundment. He would withhold spending appropriated by Congress for various programs. He would do this without Congressional approval so he could control federal spending.

Eventually, Congress passed the Congressional Budget and Impoundment Control Act of 1974, which limited the President’s ability to overrule Congress and impound funds.

5. President Reagan Overruled Congress’ Embargo

During the 1980s, Reagan violated the embargo on Iran imposed by Congress. In exchange for American hostages, Reagan sold the Iranians weapons. 

4. President Clinton Withheld Information from Congress

 President Overruled Congress 

Few recall that the Drudge Report broke the Monica Lewinsky scandal. If not for the early Internet, the corporate press would have likely ignored the scandal altogether.

These days, they’d call it misinformation and employ a psych-op on the American people to discredit actual investigative journalists.

Anyway, Clinton used his executive powers to withhold documents and information from Congress. Many saw this as an example of the President seeking to limit congressional oversight.

3. President George W. Bush and the NSA

After 9/11, George W. Bush authorized warrantless surveillance via the National Security Agency (NSA). This blatantly overruled Congress’ authority to oversee surveillance activities via the Foreign Intelligence Surveillance Court (FISC).

2. Presidents Overrule Congress When They Want War

 President Overruled Congress 

Only the United States Congress has the power to declare war. Yet, let’s count the number of times a Commander-in-Chief has engaged in military conflict without a formal declaration of war by Congress. 

  • The Vietnam War (1955-1975)
  • Persian Gulf War (1990)
  • Libya (2011)
  • Syria (2014)

Not to mention the continual bombings of Iraq, Syria, Pakistan, Libya, Yemen, and Somalia. Of course, critics will say this is all legal since Congress passed the Authorization for Use of Military Force (AUMF) after 9/11. 

And that law gives the President a blank cheque on who to bomb next.

Just another reason the Constitution is “unfit to exist.”

1. President Biden Overruled Congress

Okay, you might say. These are valid examples. But Biden is different. The senior citizen President obeys the Constitution even if his predecessors don’t.

But this is obvious nonsense. In 2021, Biden revoked the Keystone XL pipeline permit. He did this through an executive order. It was one of his first acts in office.

The project had been approved by Congress (in a bipartisan manner, no less). Even Biden supporters will concede and admit this was a blatant disregard for the legislative process.

So if he can do it for oil, why not cannabis? 





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Can Marijuana Give A Break From All The Drama

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It is a summer of political news, students protests, family gathering and just every day drama – can marijuana help with a temporary break?

This summer will be filled with ongoing political news as the presidential election is in the fall. Add oversees wars and campus protests and conversations with some people could be fraught with drama. And summer is the time of family gatherings, birthdays, weddings or a 4th of July picnic, it can be stressful. Can marijuana give a break from all the drama. The answer is heck yes! And you will feel better than overindulging in booze.

RELATED: Beer Sales Flatten Thanks To Marijuana

While taking a break, breathing, or going for a walk can help, sometimes you get overwhelmed. Avoiding putting yourself in these situations by reducing your news and social media input, putting boundaries around certain people and other healthy habits are import, a quick, easy solution is needed in some situations. Cannabis can provide a temporary relief as it is a proven help against anxiety. To use this tool, there are a few things to know and also not to be over reliant on it as a solution.

Photo by Anton Petrus/Getty Images

Part of the way marijuana chills you out with the active cannabinoid THC. It acts through cannabinoid receptors which activates the brain’s reward system. These includes regions that govern the response to healthy pleasurable behaviors.  It also adjusts perception of time, which is what makes movies and music sound better as it allows you to stop and really absorb the moment.

The younger generation has taken advantage of consumption methods to have marijuana on-the-go.  Vaping is the second, and trends show soon to be first, most popular method of use.  Like gummies (the third most popular way to consume), it is easy, discreet and portable for those with an active lifestyle. You can also manage dosing so you are not too high or suddenly have couch lock.

Done right, a high, even a moderate one, can last 2-10 hours.  Smoking a joint provides the quickest and most powerful, while a gummy takes 30-45 minutes to kick it, but it is much easier to manage the dosage. Vaping is a way to maintain a steady chill.

RELATED: 8 Ways to Enjoy Marijuana Without Smoking It

One good thing about taking a “time out” and breathing from the drama, it is a better on our mental and physical health.

One recent survey discovered

  • 1 in 5 had lost sleep over politics
  • 20 percent reported feeling fatigued because of political news
  • 29 percent reported losing their temper over politics
  • One quarter said they felt hateful toward those with opposing political views
  • More than 20 percent have had political disagreements damage their friendships

However you do it, be mindful of where you are and make sure you don’t let outside forces squash you happiness and enjoyment of each day.



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BDSA

Consumer Spending Validates Marijuana Rescheduling

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It is a historic move for a country which had prohibition, but consumers are using their wallets to show they support it,

Culture wars have been an American tradition – from the battle over TicTok to the alcohol prohibition in the 1920s. It was said the only thing to come out of the anti-liquor period was it taught good citizens how to break the law.  But in general, if the public wants it, the public will have it, legal or not. The perfect is example is the Pornhub ban in Utah and Texas, which has sent VPN sign ups sky high. And consumer spending validates marijuana rescheduling in a major way.

RELATED: Beer Sales Flatten Thanks To Marijuana

Some politicians and leaders believe in the nanny state option.  Those include a few governors lead by Ron DeSantis, Mitch McConnell, and a few other special interest groups.  But the Biden’s administration’s decision to reschedule cannabis lines up with public opinion. Over 85% believe it should legal in some form, and more importantly, they are putting their money toward what they want.  Leading analyst firm, BDSA, shared the public’s spending habit’s match their thoughts on rescheduling.

Photo by Anton Petrus/Getty Images

Following the tradition, cannabis sales moved higher again this year. Sales on 20 April 2024 sales were $167M, a 33% increase over the previous year.  Trends like California sober are going strong and Gen Z continues to move away from alcohol and move toward marijuana vapes and gummies. Lifestyle habits are starting to adjust slightly away from alcohol and more low alcohol drinks, mocktails, and cannabis eat away at the traditional market.  Alcohol is much rougher on the body, so many are opting for a semi-healthier option.

It is a benefit for fully recreational states as even Missouri makes significant tax income on cannabis. Most governors are on board with rescheduling at it is not only the public’s will, but it helps the state’s coffers and actually helps in other areas. Even New York State, with over 1,500 non tax paying illicit stores making money, made some income.  They have less than 100 licensed dispensaries generating over $175 million.

RELATED: How To Microdose Marijuana

On an interesting sidebar, like holidays, there are some holidays where cannabis use is up. Here are the largest for 2023

  1. 420
  2. Green Wednesday
  3. Black Friday
  4. St Patrick’s Day
  5. Veteran’s Day

In comparison, alcohol’s largest days are:

  1. New Year’s Eve
  2. St. Patrick’s Day
  3. July 4th
  4. Day Before Thanksgiving/ Blackout Wednesday/ Drinksgiving
  5. Black Friday

Let’s see how the next 12 months works for the industry, the government and the public.

 



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Biden

Cannabis Rescheduling Takes The Next Steps

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The Biden administration’s marijuana rescheduling takes the next step

The Department of Justice is moving marijuana rescheduling to the next step. The administration has proposed moving the drug from Schedule I, a strict classification including drugs like heroin, to Schedule III, which is more on the level of Tylenol. It also marks the federal government acknowledgement the plants medical benefits. The industry will watch over the next few months as the process of moving it forward grinds ahead.

RELATED: Americans Want It, Some Politicians Prefer a Nanny State

President Joe Biden announced move on his official account on X (formerly known as Twitter.  In a video Biden shared “This is monumental, It’s an important move towards reversing long-standing inequities. … Far too many lives have been upended because of a failed approach to marijuana, and I’m committed to righting those wrongs. You have my word on it.”

Vice President Kamala Harris also released a video Thursday, hailing the progress. It seems she has progressed in her position over the last 5 years.

Official White House Photo by Andrea Hanks

A key part of the next step is a 60-day comment period. This will allow any and all parties to provide information, opinion, support or random thoughts. Already a group of GOP Senators want to either slow or stop the process. Senator Mitt Romney (R-UT) has started leading an effort to stall the plan if not outright stop it. They are going against the general public opinion with 85%+ believe it should be legal in some form.

The Drug Enforcement Agency is not 100% on board and there are still hurdles to rescheduling. After the comment person, there could be a review from an administrative judge, which could be a drawn-out process.  The total process can take from 3 months to a year, although it is unlikely the issue will not be resolved before the election.

RELATED: California or New York, Which Has The Biggest Marijuana Mess

Considering the stance of the federal government, Senator Mitch McConnell, and certain other opponents, the road is still going to be a bit bumpy.  The industry, in an awkward growth mood, is in need of the government not to be a hindrance.  But only time will tell.



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