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Re:Granting Pardon for the Offense of Simple Possession of M... by perihelions on Friday October 07, 2022 @12:31AM (#33117464)
You're right, that part is reviewable. (I was only thinking about the pardons).
Re:Granting Pardon for the Offense of Simple Possession of M... by hiyer on Friday October 07, 2022 @01:17AM (#33117696)
I don't get it - how does the court get to decide what is a controlled substance and what is not? Shouldn't that be up to some government agency?
Re:Granting Pardon for the Offense of Simple Possession of M... by kube-system on Friday October 07, 2022 @01:23AM (#33117733)
It’s up to Congress to make the law. Congress frequently assigns some of that power to agencies, and the courts get to review whether the agencies are following any applicable laws.
Re:Granting Pardon for the Offense of Simple Possession of M... by feet on Friday October 07, 2022 @06:35AM (#33119489)
It has generally been up the the DEA. When it came time to schedule MDMA it was actually challenged in court by psychologists and psychiatrists along with scientists. The judge recommended a lower scheduling. The DEA said "fuck you" to the judge, petitioners, and the American people and made it schedule 1

https://maps.org/news/bulletin/making-mdma-a-medicine-ii-res...