Sen. Kirsten Gillibrand (D-NY) tossed her hat in the 2020 presidential ring on January 16, 2019 and ended her campaign on August 28.
The senator, who has an A grade from NORML, has become one of the most vocal advocates for federal marijuana reform in Congress, co-sponsoring multiple pieces of legislation and frequently talking about the issue in speeches and on social media. However, she did not start off her political career supporting cannabis reform.
This piece was last updated on August 28, 2019 to include the candidate’s statements and policy actions on marijuana since joining the race. It will continue to be updated on a rolling basis.
Legislation And Policy Actions
Gillibrand did not co-sponsor any cannabis-related bills during her time in the House from 2007 to 2009, although colleagues filed several. Also during that period she voted against a floor amendment to protect state medical marijuana laws from federal interference.
However, she has evolved considerably on the issue in recent years and has signed her name onto several notable Senate cannabis bills. That includes the Marijuana Justice Act, which would remove cannabis from the Controlled Substances Act and punish states that enforce marijuana laws disproportionately against people of color.
She also co-sponsored legislation designed to protect medical marijuana states from federal interference, make it easier to conduct research on cannabis and legalize industrial hemp. Another research-related bill she co-sponsored would encourage the U.S. Department of Veterans Affairs (VA) to study how marijuana can treat specific conditions like post-traumatic stress disorder.
During testimony at a Senate Judiciary subcommittee hearing in 2016, Gillibrand said that “I know some people are saying that we should wait until there’s more research before changing the laws, but the one thing blocking the research is the law.”
In April 2018, Gillibrand sent a letter to then-Attorney General Jeff Sessions, requesting that he attend a meeting with some of her constituents who’ve been arrested for non-violent marijuana offenses.
“It is an American principle that, no matter the law, it should be applied equally to all people, regardless of their race or background,” she wrote. “Sadly, as you will hear from my constituents, for decades, the so-called ‘War on Drugs’ has not been pursued with equality.”
She also joined a bipartisan coalition of lawmakers who sent a letter to Sessions, imploring him to update them on the status of applications to cultivate cannabis for federal research purposes.
Since announcing her candidacy, the senator signed on as a cosponsor of several pieces of cannabis-related legislation.
That includes a bill to deschedule marijuana and withhold certain federal funding from states with discriminatory enforcement, another to require VA research into the potential benefits of cannabis for military veterans, one that would provide for the federal taxation of marijuana sales, one that would protect banks that service the cannabis industry from being penalized by federal regulations and legislation that would deschedule marijuana and provide funding to expunge past records. She also cosponsored a bill that would protect students with drug convictions from losing their federal financial aid.
On The Campaign Trail
“I’m for decriminalization of marijuana, I want to make it retroactive,” Gillibrand said during a campaign stop in New Hampshire in March 2019. “I think a lot of our drug laws are horrible.”
She reiterated that position, emphasizing racial disparities in U.S. drug laws, at a separate event.
To help end institutionalized racism, “let’s decriminalize marijuana,” says @SenGillibrand. Also endorses early childhood education, ending cash bail, Medicare for All, national paid leave, and equal pay for equal work. pic.twitter.com/XekI5sUgLj
— Michigan Radio (@MichiganRadio) March 18, 2019
“We need to dismantle institutional racism,” Gillibrand wrote in a tweet. “We need solutions both targeted and broad—like higher standards for maternity care, a national commitment to full employment, postal banking, ending cash bail and legalizing marijuana.”
We need to dismantle institutional racism.
We need solutions both targeted and broad—like higher standards for maternity care, a national commitment to full employment, postal banking, ending cash bail and legalizing marijuana.#BraveWins
— Kirsten Gillibrand (@SenGillibrand) March 24, 2019
She expanded on those positions at a rally in New York.
.@SenGillibrand lists higher maternity care standards, full employment, postal banking, ending cash bail, and legalizing marijuana as some of her campaign goals at her 2020 campaign kickoff event in front of Trump International Hotel #tictocnews pic.twitter.com/736cgI73IN
— Bloomberg TicToc (@tictoc) March 24, 2019
“If your son is 15 years old and smokes pot—he smokes pot just as much as the black boy in his neighborhood and the Latino boy in his neighborhood,” Gillibrand said during an event in Ohio. “But that black and brown boy is four times more likely to get arrested.”
“That’s institutional racism. Your son will likely not have to deal with that because he is white. So when someone says white privilege, that is all they are talking about. That his whiteness will mean that a police officer might give him a second chance. It might mean that he doesn’t get incarcerated because he had just smoked a joint with his girlfriend.”
A poignant moment at @SenGillibrand's Youngstown, OH roundtable occurred when a white woman holding her baby asked her about how Dems talk about white privilege while she is still struggling. Gillibrand took a beat, and then answered the woman’s question.
Full exchange below: pic.twitter.com/jzNXSSzABN
— Amanda Golden (@amandawgolden) July 11, 2019
“If I am president, I would use the Small Business Administration to help women and minority-owned businesses get the financial help they need in order to compete with the wealthier, established players,” Gillibrand said during a meeting with marijuana industry stakeholders in May.
In June 2019, the candidate released a comprehensive marijuana legalization plan that included a proposal to “require coverage for medical marijuana in all health insurance plans, including Medicare, Medicaid, and the VA.”
Her campaign also pushed a survey to supporters that asked about their views on cannabis legalization.
“Our current drug policies are rooted in institutional racism and result in the mass incarceration of people of color,” the poll stated. “Do you believe it’s time to legalize marijuana and right the wrongs of our country’s failed war on drugs?”
Previous Quotes And Social Media Posts
For the last five years, Gillibrand has made Twitter a central platform for her marijuana reform advocacy.
Cannabis can treat a variety of illnesses, incl MS, cancer, epilepsy & seizures. Wrong for patients & doctors to fear prosecution.#CARERSAct
— Kirsten Gillibrand (@SenGillibrand) March 10, 2015
But while she initially focused on medical cannabis, her views on the issue evolved and so did the tweets on her feed.
DOJ should investigate how pharma helped create the opioid crisis, not institute policies that take marijuana based medicines from patients and needlessly target non-violent minority youths.
— Kirsten Gillibrand (@SenGillibrand) January 4, 2018
Gillibrand has routinely railed against the pharmaceutical industry, which she criticized for opposing cannabis legalization.
Big pharma keeps pushing back against legalizing medical marijuana because, in many cases, they want to continue to sell addictive drugs and dominate the market for drugs that address chronic pain. That's wrong.
It is time to rework our cannabis laws. https://t.co/g23trjnJcT
— Kirsten Gillibrand (@SenGillibrand) February 28, 2018
“To them, it’s competition for chronic pain, and that’s outrageous because we don’t have the crisis in people who take marijuana for chronic pain having overdose issues,” the senator said. “It’s not the same thing. It’s not as highly addictive as opioids are.”
She also criticized Sessions for rescinding Obama-era guidance that directed prosecutors to generally not interfere with state marijuana laws.
Attorney General Sessions' decision to restrict states’ ability to legalize and decriminalize marijuana is either willfully ignorant of the medical science or an act of greed on behalf of the pharmaceutical industry. In either case, it's an attack on patients, and it's wrong. pic.twitter.com/Kiw8nOmPb7
— Kirsten Gillibrand (@SenGillibrand) January 4, 2018
Black and Latino New Yorkers are almost 10 times more likely to be arrested for the possession of marijuana than their white neighbors – though usage rates are about the same.
— Kirsten Gillibrand (@SenGillibrand) April 22, 2018
“Millions of Americans’ lives have been devastated because of our broken marijuana policies, especially in communities of color and low-income communities,” Gillibrand said in a press release. “Just one minor possession conviction could take away a lifetime of opportunities for jobs, education, and housing, tear families apart, and make people more vulnerable to serving time in jail or prison down the road.”
“The reality that my 14-year-old son would likely be treated very differently from one of his Black or Latino peers if he was caught with marijuana is shameful. Legalizing marijuana is a social justice issue and a moral issue that Congress needs to address to help fix decades of injustice caused by our nation’s failed drug policies.”
The Marijuana Justice Act takes steps to fix stark inequalities in our criminal justice system and protects patients who need medication. It’s a commonsense bill – and I’m proud to join @CoryBooker as a cosponsor. Americans have spoken and demanded change. It’s time to act. pic.twitter.com/1VfFbEipYJ
— Kirsten Gillibrand (@SenGillibrand) March 3, 2018
Gillibrand’s 2018 Senate reelection campaign used a marijuana petition as a list-building technique.
“Discriminatory drug policies are robbing people and families of job opportunities, time with their loved ones and their futures. In New York, black and Latino people are almost 10 times more likely to be arrested for possession of marijuana than their white neighbors – though usage rates are the same,” the sign-up page said. “We have to act now to fix this horrible injustice. It’s time to decriminalize and legalize marijuana so we can begin repairing the harm caused by the failed War on Drugs. Add your name right now to tell Congress: Decriminalize marijuana!”
Gillibrand wrote a letter in 2015 that praised a Scientology-related organization for its efforts to promote a “drug-free world.”
Beyond Capitol Hill, the senator has worked to build support for legislation to legalize marijuana in her home state of New York. Her office has issued numerous press releases about cannabis policy in recent years.
During a presidential campaign stop in Iowa, she answered a question about how she would help military veterans by saying it is important to “make sure they have access to medicines like medical marijuana.”
Gillibrand’s campaign website also discusses her support for reform, under the headline, “We need to fix our broken criminal justice system.”
“When low-income people and people of color face huge disparities in arrests, sentencing and incarceration compared to wealthy and white people for the same or lesser charges, it’s a clear and urgent sign that we need to rectify the injustices in our criminal justice system,” it says. “We have a mass incarceration crisis, and institutional racism pervades the way we enforce laws. To rectify this, we should legalize marijuana at the federal level and expunge past records; reform our sentencing laws so that judges can have more flexibility when dealing with low-level, nonviolent drug offenses; change federal rules for our prisons; end cash bail; and invest resources in communities harmed by the racist war on drugs.”
Personal Experience With Marijuana
Gillibrand doesn’t appear to have publicly discussed whether she has ever consumed marijuana, but she has repeatedly cited conversations with families and patients who’ve benefited from medical cannabis as a motivating factor behind her reform advocacy.
Marijuana Under A Gillibrand Presidency
It stands to reason that the senator would prioritize federal marijuana reform as president, especially in light of her co-sponsorship of the Marijuana Justice Act and the extent to which she has focused on the issue in public statements. It seems likely that she would continue that record if elected to the Oval Office.
Photo element courtesy of Gillibrand 2010.
Santa Cruz City Council Approves Psychedelics Decriminalization Measure
The Santa Cruz, California City Council unanimously voted in favor of a resolution on Tuesday that would effectively decriminalize a wide range of psychedelics by making them among the city’s lowest law enforcement priorities.
The measure—which was originally sponsored by then-Vice Mayor Justin Cummings (D), who’s since become mayor—says the city shouldn’t expend “resources in the investigation and arrest of persons twenty-one (21) years of age and older solely for the personal use and personal possession of Entheogenic Plants and Fungi” such as psilocybin, ayahuasca and ibogaine.
It further stipulates that possession and use of psychedelics by adults “should be considered among the lowest law enforcement priorities for the City of Santa Cruz.”
This is the latest in a series of local policy victories for the psychedelics reform movement, which kicked off with a successful ballot measure vote in Denver to decriminalize psilocybin mushrooms last May. Oakland’s City Council then unanimously approved a measure to make a broad range of plant- and fungi-derived psychedelics among the city’s lowest law enforcement priorities.
Now activists across the country are hoping to replicate that resolution, with organizers in roughly 100 cities aiming to decriminalize certain psychedelic substances through ballot initiatives and legislative action at the local level.
In November, Santa Cruz’s City Council heard testimony from the group behind the resolution, Decriminalize Santa Cruz. It was then referred to the Public Safety Committee and was amended prior to returning to the full body for a final vote.
Councilmembers revised the original measure in order to “to recognize the need for harm reduction and education for youth and families about drug prevention.” A provision was also inserted to clarify that “the sale, use and cultivation of Entheogenic Plants and Fungi to and by minors should be considered an exception that should require appropriate investigation by the Santa Cruz City Police Department.”
The word “cultivation” was also removed from provisions specifying the measure’s scope. But before the full Council vote on Tuesday, several advocates used the public comment portion of the meeting to urge that it be added back in, and members adopted that request before approving the final resolution.
“With possession and use being inserted without cultivation, that actually encourages the black market because there’s nowhere else to go,” Cummings, the mayor, said. “If people are are cultivating at themselves they know exactly what they’re producing.”
Activists celebrated their city becoming the third in the U.S. in less than a year to decriminalize certain psychedelic substances.
“These eight months we’ve been working on the resolution, I’ve met so many people whose lives were saved by entheogenic plants and fungi,” Julian Hodge, a founder of Decriminalize Santa Cruz and a member of Students for Sensible Drug Policy, told Marijuana Moment. “The Santa Cruz City Council took a great step to help those people today. I am incredibly proud to be part of this movement, and can’t wait to see the change we continue to make in the future.”
Another provision of the measure instructs the city’s state and federal lobbyists to “work in support of decriminalizing all entheogenic psychoactive plants, and plant and fungi-based compounds listed in the Federal Controlled Substances Act.”
Beyond Decriminalize Santa Cruz, a newly formed group called Project New Day also advocated for the reform move. The organization, which is focused on promoting research into psychedelics for the treatment of addiction and other mental health conditions, sent a press release on Tuesday highlighting comments from a military veteran who overcame addiction with the help of medically supervised psychedelics treatment.
“Psychedelic-assisted therapy saved my life,” Dylan Jouras said. “It’s important that people know there is an effective way to get better from addiction and deep mental health issues.”
While the local Santa Cruz resolution wouldn’t allow legal sales of psychedelics, another group of advocates is currently collecting signatures toward placing a broad statewide psilocybin legalization initiative before California voters on the November ballot.
In Oregon, organizers are hoping to put a proposal before voters that would legalize psilocybin for therapeutic use. Separately, a campaign in that state is pushing a measure to decriminalize possession of all drugs with a focus on funding substance misuse treatment.
Democratic presidential candidate Andrew Yang said at an Iowa campaign stop last week that he wants to legalize psilocybin for military veterans.
New Mexico Lawmakers Approve Marijuana Legalization Bill
A New Mexico Senate committee approved a bill on Tuesday that would legalize marijuana for adult use.
With a little more than three weeks left in the state’s short 2020 legislative session, lawmakers are making clear their intent to advance the legalization proposal in a timely fashion.
The bill, which is supported by Gov. Michelle Lujan Grisham (D), cleared the Senate Public Affairs Committee in a 4-3 vote.
Sen. Jacob Candelaria (D) led the introduction of the bill before the committee, testifying that he believes “2020 is the year New Mexico becomes the third state to enact legalization of cannabis through legislative action,” following Vermont and Illinois.
“We know that New Mexicans across the state, from rural to urban centers, are with us on this issue.”
“Bringing an underground market aboveground takes a lot of deliberation, statewide input from community members and stakeholders, ingenuity and learning from other states’ experiences,” the senator, who is himself a medical cannabis patient, said. “The criminalization of cannabis disproportionately harms and criminalizes young people and people of color, sponsors violence and corruption by those who currently exclusively trade in cannabis in the black market. The current situation, our status quo that relies on a black market outside of the medical program, does nothing to curb youth access to cannabis.”
The governor included legalization in her formal 2020 legislative agenda and discussed the importance of establishing a well-regulated and equitable cannabis market in her State of the State address this month.
✅ SB 115, legalizing recreational adult-use cannabis, successfully passes out of its first committee! Recreational cannabis will be the next frontier of our economic expansion, creating 11,000 jobs across New Mexico & true economic potential for every part of the state. #SB115 pic.twitter.com/jgLnRX8UDY
— Michelle Lujan Grisham (@GovMLG) January 29, 2020
The day after Lujan Grisham’s agenda was released, lawmakers filed the legalization bill, which would allow adults 21 and older to possess and purchase marijuana from licensed retailers. The legislation also contains social justice provisions such as automatic expungements for prior cannabis possession convictions.
The proposal would not allow home cultivation; however, it does decriminalize the cultivation of up to three plants and six seedlings, making the offense punishable by a $50 fine without the treat of jail time.
Additionally, the bill would eliminate the gross receipts tax for medical cannabis sales, mandate that recreational dispensaries service registered patients and create a subsidy program for low-income patients to access marijuana.
Recreational cannabis sales would be taxed at nine percent, with revenue going toward that subsidy program in addition to a “cannabis industry equitable opportunity investment fund” to support entrepreneurs from communities most impacted by the drug war, a “community grants reinvestment fund” and a workplace training program, among other programs.
— NM Senate Democrats (@NMSenateDems) January 29, 2020
According to a fiscal analysis, the state stands to bring in nearly $6.2 million in recreational cannabis revenue in Fiscal Year 2021. By FY20204, that amounts would rise to nearly $34 million. Municipalities and counties would rake in additional revenues.
“Legalizing and regulating will bring one of the nation’s largest cash crops under the rule of law, generating an estimated between 11,000 and 13,000 jobs for New Mexicans in every corner of the state,” Candelaria said.
The legislation must still pass in two other panels—Judiciary and Finance—before it gets a full vote on the Senate floor.
This latest development at the committee-level is the product of months of work from legislators and the governor’s administration. Last summer, Lujan Grisham formed a working group tasked with reaching out to community members and stakeholders, studying various components of cannabis regulation and submitting recommendations ahead of the current session.
The final report, which was released in October, laid out a number of proposed rules and restrictions for a legal marijuana market.
Earlier last year, the New Mexico House of Representatives approved a bill to legalize marijuana but it later died in the Senate. Lawmakers did send Lujan Grisham a more limited bill to simply decriminalize cannabis possession, which she signed.
While it’s possible that the current committee-passed legislation will be amended as it makes its way to a full Senate vote, or that companion legislation could be changed in the House, recent polling shows that New Mexico residents are widely in favor of the general policy change. Three-out-of-four residents who participated in a state-funded survey that was released last month said they back legalization.
If all goes according to the governor’s plan, a final legalization bill will be delivered to her desk by the end of the session—and upon her signature, New Mexico would likely become the 12th state to legalize recreational marijuana.
That said, lawmakers in states across the U.S. are eyeing cannabis reform this year, and a marijuana legalization bill advanced in a New Hampshire House committee earlier on Tuesday.
Photo courtesy of Philip Steffan.
New Hampshire Lawmakers Approve Marijuana Legalization Bill
A New Hampshire House committee approved a bill on Tuesday that would legalize marijuana for adult use in the state.
While the legislation doesn’t provide for retail sales, it would allow individuals 21 and older to possess and gift up to three-fourths an ounce of cannabis and grow up to six plants. The model would be similar to neighboring Vermont’s non-commercial cannabis system.
The Criminal Justice and Public Safety Committee advanced the bill in a 13-7 vote.
“I think that the legalization of cannabis is more popular than the legislature itself or the governor or any other political entity in the state of New Hampshire,” Chairman Renny Cushing (D) said prior to the vote. “This is something that the people of the state of New Hampshire want. They don’t want to be treated like they’re criminals if they have a plant.”
Watch New Hampshire lawmakers discuss the marijuana legalization bill below:
This vote comes a week after the panel held a hearing on the proposal, with advocates and stakeholders testifying in favor of the reform move.
“Like most Granite Staters, this committee understands that it’s time for New Hampshire to stop prohibiting cannabis,” Matt Simon, New England political director for the Marijuana Policy Project, said in a press release. “Adults in the ‘Live Free or Die’ state should not be punished for their choice to use a substance that is objectively less harmful than alcohol.”
“Now that New Hampshire is literally surrounded by jurisdictions where cannabis is legal for adults, our current policies can no longer be justified in any way,” he said. “It’s time for the House, Senate and Gov. Chris Sununu to work together and move cannabis policies into the 21st century.”
A floor vote by the full House of Representatives is expected on February 6.
Tax-and-regulate marijuana legislation has advanced in the legislature in prior sessions, but it never arrived on the governor’s desk.
Even if it did make it that far, however, it’s unclear if Sununu, a Republican, would sign it. He’s voiced opposition to commercial legalization, and he vetoed a bill last year that would’ve allowed medical cannabis patients to cultivate their own marijuana, raising questions about whether he’d be willing to support this latest measure extending that right to all adults over 21.
In any case, the New Hampshire development comes amid a flurry of legislative activity around cannabis in the Northeast.
New York Gov. Andrew Cuomo (D) included legalization in his budget last week, as did Rhode Island’s governor, who pitched a state-run cannabis model in her plan. In New Jersey, the legislature approved a referendum to put the question of recreational legalization before voters during the November election. Top lawmakers in Connecticut are also confident that marijuana reform will advance this year. In Vermont, advocates are hopeful that lawmakers will add a legal sales component to the state’s current noncommercial cannabis law.
Photo courtesy of Philip Steffan.