The situation we had was legally ridiculous. States stopped busting people for pot, but at the federal level you could get a year in prison for any amount. So prosecutors at every level could put more pressure for a plea bargain on you by threatening to turn you over to the feds for the joint they found.
What bothers me is marijuana is specifically listed as a schedule 1 substance in the Controlled Substances Act. I don't see how the president can just arbitrarily change that in an EO. It really should be an act of Congress that makes this happen.
The Act doesn't freeze the listings in place, it says that the Attorney General or the DEA can follow a process to change a listing. The executive order directs that "the Attorney General shall take all necessary steps to complete the rulemaking process… in accordance with Federal law, including 21 U.S.C. 811.”
In that case I think he should retroactively pardon all non violent drug offenders, release them from prison, give them a t-shirt that says "Trump Freed Me", a couple cheeseburgers and take group photos.
What bothers me is marijuana is specifically listed as a schedule 1 substance in the Controlled Substances Act. I don't see how the president can just arbitrarily change that in an EO. It really should be an act of Congress that makes this happen.