Calling it “for optics” is downplaying the severity of the situation. The reason presidents rely so much on executive fiat is because our actual legislative system has paralyzed itself with partisan politics, gerrymandering, and the filibuster.
Obviously it’s intentional that it’s hard to pass things, and legitimately controversial things should be difficult to pass (and shouldn’t happen by executive fiat), but there are 2nd and 3rd order interests overriding what should be the 1st order interest of effective legislation.
Among these 2nd/3rd order interests: not looking bad to your party, making the other party look bad to their constituents, not upsetting some specific demagogues, not losing personal or party power at all costs, winning dunks in social media, looking good for the camera, ensuring that no third party could emerge, ensuring that if the other party gains power that they are incapable of exercising it, etc
The problem with blaming Congress is that the harms could be easily mitigated by the DEA changing the scheduling, which was my point.
Rumor has it that is in the works, but the fact that it has taken so long starts and ends with the executive office.
That said, Congress decriminalizing it entirely is definitely something that is going to take too long, and will also be entirely the fault of Congress.
DEA rescheduling would be the "executive fiat" and is more undo-able than pardons.
The DEA is entirely under the control of the executive. So if you want a more permanent solution, the only one is legislative, and that is extremely unlikely to happen even if there were extremely broad public support.
If we can get 2/3 of the state legislatures to agree, and 3/4 of them to ratify we can amend the constitution without Congress via a Constitutional Convention.
Still long odds but we technically don't HAVE to do it with Congress.
Obviously it’s intentional that it’s hard to pass things, and legitimately controversial things should be difficult to pass (and shouldn’t happen by executive fiat), but there are 2nd and 3rd order interests overriding what should be the 1st order interest of effective legislation.
Among these 2nd/3rd order interests: not looking bad to your party, making the other party look bad to their constituents, not upsetting some specific demagogues, not losing personal or party power at all costs, winning dunks in social media, looking good for the camera, ensuring that no third party could emerge, ensuring that if the other party gains power that they are incapable of exercising it, etc