Sen. Elizabeth Warren (D-MA) says it’s time to “join the 21st century” and legalize marijuana—but Stephen Colbert didn’t let it go unnoticed that she declined to answer his question about whether was high herself during an appearance on The Late Show on Monday.
Colbert asked the senator a two-part question on cannabis: How is marijuana descheduling distinct from legalization? And “are you high right now?”
Warren, a longstanding advocate for marijuana legalization who recently led a letter with 11 colleagues imploring the Drug Enforcement Administration (DEA) to deschedule cannabis, took the first question.
“The answer is legalization is what you could do if you had a functional Congress,” she said. “Well, that’s not the world we live in. So descheduling is something the administration could do without going to Congress.”
In general, advocates consider descheduling synonymous with legalization, as it means removing cannabis from the Controlled Substances Act (CSA) entirely, which would remove associated criminal penalties, effectively legalizing it.
However, Warren seems to be making a more nuanced point about the difference between descheduling and legalization that comes with a regulatory framework for sales, which is something that would ostensibly require congressional action.
“Right now marijuana is
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