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Trump Didn’t Legalize Weed — Here’s What the EO Actually Does

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Donald Trump has signed an Executive Order to reschedule marijuana from Schedule I to Schedule III, a move he clarifies does not legalize cannabis for recreational use nor decriminalize it in any way across all 50 states. The order remains federally illegal under current law but significantly alters the regulatory landscape by allowing access through research facilities and universities for clinical trials. This shift is framed as a push toward medical intervention rather than widespread availability, such as vending machines on street corners. Trump emphasizes that this action addresses two specific groups: elderly individuals suffering from pain management issues where CBD and marijuana show promise, and patients whose doctors recommend off-label use despite the lack of formal clinical labeling for certain conditions. The policy change is also viewed strategically to bridge political divides, particularly appealing to the MAGA base while responding to long-standing pressure from figures like RFK regarding drug policy reform. This represents a significant pivot in American drug policy since the inception of the War on Drugs and sets a precedent that could extend to other substances like psychedelics if similar research barriers are removed. The speaker notes that this approach allows for studying beneficial effects without immediately moving toward full federal legalization, which is seen as unnecessary given existing deterrents against illegal street drugs like fentanyl. By enabling clinical study, the administration aims to gather data on efficacy and safety before making broader decisions about legality or prohibition. In a separate but related discussion regarding bodily autonomy and medical procedures for minors, the transcript highlights the recent passage of the Protect Children's Innocence Act in the US House by a vote of 216 to 211. This legislation makes it a felony to perform genital mutilation on children without parental consent or judicial approval, specifically targeting puberty blockers and hormone therapy used as gender-affirming care for minors. The voting record showed notable party splits with four Republicans opposing the measure while three Democrats supported it alongside many Republicans. The speaker expresses strong support for this bill, arguing that such irreversible procedures should not be performed on children who lack the intellectual capacity to consent or fully understand life's complexities, drawing parallels to age restrictions on tattoos and piercings which are currently set at lower ages like 15 or 18 depending on jurisdiction. The debate over these medical interventions touches upon broader legal principles involving common law versus statutory regulation. The speaker argues that gender-affirming care for minors is a brand new practice with unknown long-term consequences, making it inappropriate to treat it as established fact and mandate such treatments universally. In contrast, practices like circumcision have historical roots in British common law, where the validity of an action often stems from its longstanding acceptance within society if results are deemed positive over time. The speaker suggests that while they personally oppose non-consensual genital mutilation on minors including circumcision unless major complications arise historically recognized as acceptable under common law might face challenges similar to those facing gender-affirming care legislation, potentially leading to a reevaluation of what is considered standard medical practice versus experimental intervention. Ultimately, the discussion underscores the friction between state and federal authorities in regulating both drug policy and minor medical procedures, noting that nothing has changed immediately despite high-profile actions like Trump's Executive Order or House votes on child protection acts until full legislative processes are completed at all levels of government. The speaker advises against panic regarding these developments since existing restrictions remain in place for activities such as getting tattoos after age 18 or avoiding certain stores and venues, illustrating how arbitrary limits exist alongside complex medical decisions that fundamentally alter human development. Whether future laws will expand to include banning circumcision entirely remains uncertain but depends on arguments surrounding common law traditions versus the need to protect children from irreversible interventions without their informed consent.
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Trump signed a EO to reschedule marijuana from schedule one to schedule three alongside doctors, cancer patients, veterans, and law enforcement. Interesting thing about this, no it doesn't legalize weed, no it doesn't make it recreational in all 50 states. None of those things. It's still federally illegal, still federally banned. But what it does do is it allows now to be access to research facilities, universities, they can do clinical trials, things like that. So, this seems like more of a push for the medical intervention pharmaceutical side versus now we're going to be seeing weed vending machines on the streets or anything like that. >> Yes. Yeah, he's very clear. He goes into it in the talk that he was giving about this. Like, "Listen, this is not me making something legal. This is not decriminalizing in any way, shape, or form. This is simply trying to make something where we can find out what we don't know about it and we can address two groups that are very important to me. Group number one is elderly people that are dealing with pain management. CBD and marijuana both have implications in that we want to see. And then also just people being able to get access to medication that their doctor's saying, "Look, this might help. There's some evidence. It's not clinically labeled for this, but off-label go ahead and try it." And so for those reasons I think that goes a long way. Also, this is an interesting way for somebody that has a base that is so anti-drug to also please the MAGA crowd, which is going to be really pushing. He said in the talk that he gave about this, RFK has been like banging the drum on him forever. Like, "Hey, when are we doing something about marijuana? When are we doing something about marijuana?" Because of its implications. So, that's interesting. I would like to see more of this be done. This is the biggest policy shift in our drug policy since the war on drugs began. And so seeing us do the same with like psychedelics I think would be a huge step in the right direction. For so long we weren't able to study it. And so to me this is an unmitigated good. I don't know that we want to go all the way to Do we want to go all the way to federally legalizing marijuana? Yes, probably marijuana, but not federally legalizing all drugs. Having deterrents, being able to get people off the streets I think is a good thing. Seeing people do the fentanyl lean all across Southern California is not ideal. And so having that card in your pocket that you can play to be able to get them off the street I think is strong magic. So, wouldn't want to do that. But there is something to be said about looking at ones that do have beneficial effects and treating them accordingly. >> This is kind of a sidebar. I don't know if you heard about the the Kennedy Center to Trump to Kennedy Center that >> I did. Unanimously the board of the Kennedy Center has decided to call it the Trump Kennedy Center. And I was like, "Oh God! Like while he's in office?" Like that sounds horrible. So, that feels like some donor political pressure kind of thing. It's like >> I started going through it it's he appoints the board to the Kennedy Center and then they all unanimously voted Kennedy unanimously in quotes. And I just found out Congress has to be the one to give the authority the board authority to change the >> legally mandated to be that, which is smart for reasons just like this. >> Yeah, so he it was like he made a press conference, put it in on the website and everything and it isn't even official change yet. The US House just passed the Protect Children's Innocence Act with a vote of 216 to 211. The bill makes it a felony to perform gen gen gen genital genital mutilation mutila uh my >> This one's coming for you. Man, puberty blockers and hormone therapy to minors. >> [laughter] >> They passed it 216 to 211. The interesting thing was there was four nays on the Republican side, three yeas on the Democrat side. So, this one had a lot more party splits than uh normal. It still has to go to Congress and still has to get passed around. Yeah, what is your initial thoughts about the Child Protection Act? Th- This one is crazy to me. I cannot believe that people are open to that being done to minors. It is irreversible. They are not intellectually capable of consenting to something like that. They certainly do not understand enough about life. We have the age of consent for a reason. People should need to be adults to make those decisions. If an adult wants to do that, go for it, no problem. But doing it to kids really should be criminal. So, yeah, this one I'm very very very glad that it passed the House and I very very very much hope that it passes the Senate. People are expecting some tough opposition. I think that's pretty wild. So, on that like this is um very straightforward to me. There's meant to be friction between the states and the federal government, but not to the level that we're seeing now. So, we'll see how this ends up playing out, but nothing has changed. Like this has got to go through the full legislative process. So, until it does like no need to panic if this is a big thing for you. If you can't buy cigarettes, if you can't get a tattoo, if you can't get a piercing, if you can't walk into certain stores, if you got to get kicked out of Dave & Buster's after 10:00 Yeah. I don't even think you can get a tattoo until you're 18 or >> Yeah. That's Yeah, that's wild. >> piercings are at 15. So, it's like, you know, we we have these arbitrary limits on one side, but we can You can't pierce the outside of your body, but I can do something inside of your body that will fundamentally change the nature of your like of your development. >> complicated medical procedures, man. >> actually interesting pushback. Thank you Jay Mayer for articulating it. Circumcision should also be illegal until 18 because if we're going to stop messing with people's pubes we should mess with all the way stop messing with it. I understand that notion. I get that notion. I think circumcision is probably going to be the next thing on the chopping block cuz that is one of those grand five grandfathered Christian ethos things that we just don't talk about. >> that will be true unless there are major complications that I'm unaware of. I think it will go something like British common law. The reason that common law is so brilliant and the countries that ended up adopting common law because they were part of the British Empire for a while have ended up doing far better than the countries that don't is common law basically says this, "If we've been doing something for a long time and we see the result of doing that thing for this very long time is the society that we see and we like this society then it's probably not a problem. And so the mere fact that it is common is what gives it the validity. So, the gender-affirming care stuff is brand new. Nobody knows what the long-term consequences are going to be. It's entirely possible that 20 years from now I have to eat all my words because it's just like, "Oh my god, everything is glorious and everybody should be forced through gender reassignment surgery." I can't imagine it, but let's say. Mhm. I I'll follow whatever ends up being true. But what we are saying is this is so new that treating it like we know what the right play is here and that we are so confident that we know what the right play is that we're going to do something that we have historically not done for anything else is wild. So, this is not something that is new. Now, if people don't want to do it if more and more people are like, "Ooh, that's barbaric. I'm not here for it." Oh, okay. Cool. Like make that decision. I certainly don't think people should have to circumcise their kids. That one getting passed as law is being problematic I think will fall to the argument of common law.