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.
Key Congressional Committee Officially Schedules Vote On Marijuana Legalization Bill
A key House committee has officially announced that a vote on a comprehensive marijuana legalization bill is scheduled for this week.
The House Judiciary Committee said on Monday that the panel will mark up legislation introduced by Chairman Jerrold Nadler (D-NY), which would federally deschedule cannabis and address social equity, on Wednesday at 10:00 AM ET. The announcement confirms what sources familiar with the planned development told Marijuana Moment last week.
Nadler’s Marijuana Opportunity Reinvestment and Expungement (MORE) Act has been lauded by advocates for its emphasis on restorative justice for communities most impacted by the drug war.
It calls for a five percent federal tax on marijuana sales, and that revenue would be used to fund programs such as job training, legal aid for those affected by prohibition and small business loans for individuals who are socially and economically disadvantaged. The bill also seeks to lift barriers to licensing and employment in the industry.
Additionally, the legislation would expunge the records of those with prior cannabis convictions, provide for resentencing, block federal agencies from denying public benefits or security clearances as a result of marijuana use and protect immigrants from being denied citizenship over cannabis.
Committee on the Judiciary – DemocratsH.R. 5038, the “Farm Workforce Modernization Act of 2019”; H.R. 3884, the “Marijuana Opportunity Reinvestment and Expungement Act of 2019” or the “MORE Act of 2019”; H.R. ___, the “Satellite Television Community Prot… https://t.co/v4pSa4OVgR
— House Committee Press Releases (@PressreleaseB) November 18, 2019
“A supermajority of Americans, including majorities of Democrats, Republicans, and independents, support regulating the use of marijuana by responsible adults,” NORML Political Director Justin Strekal said in a press release. “Thanks to the leadership of the House Judiciary chairman, never in history have we been closer to ending the failed policy of marijuana criminalization and providing pathways to opportunity for our brothers and sisters who have suffered under its oppressive reign.”
“The MORE Act is the most comprehensive marijuana policy reform bill ever introduced in Congress and is backed by a broad coalition of civil rights, criminal justice, drug policy, and immigration groups. Those who oppose this legislation moving forward are defenders of a failed status-quo that ruins the lives of otherwise law-abiding adults on a daily basis, overwhelming enforced against the poor and communities of color.”
Text of an amendment in the nature of a substitute from Nadler that Judiciary members will take up was also released on Monday. It includes a new “findings” section that discusses racial disparities in marijuana enforcement, the growing state-level legalization movement and the challenges that individuals from disadvantaged communities face in participating in the market.
“The communities that have been most harmed by cannabis prohibition are benefiting the least from the legal marijuana marketplace,” one provision reads. “A legacy of racial and ethnic injustices, compounded by the disproportionate collateral consequences of 80 years of cannabis prohibition enforcement, now limits participation in the industry.
Much of the language of the new section is borrowed from a resolution that Rep. Barbara Lee (D-CA), co-chair of the Congressional Cannabis Caucus, introduced last year.
“The data speaks for itself—low-income communities and communities of color have disproportionately borne the brunt of the devastation brought on by marijuana prohibition,” Queen Adesuyi, policy manager of national affairs for the Drug Policy Alliance, said in a press release. “The MORE Act is the most robust bipartisan legislation so far not only to end federal marijuana prohibition, but also to ensure that the communities that have been hardest hit by prohibition are not left behind.”
“It would be a tragic mistake to have the only marijuana reform bill that passes this Congress be one that solely benefits the industry, despite both the unprecedented support for legalization nationally amongst Americans and all the harm that we know federal prohibition has caused to individuals and communities across this country,” she said. “Fortunately, by ensuring the MORE Act moves forward, several leaders in the House are showing that they understand that this is a matter of fundamental justice that the US Congress needs to address.”
BIG NEWS: @HouseJudiciary will meet Wednesday to vote on the Marijuana Opportunity Reinvestment & Expungement Act.
Good. It's past time to address the decades of harm faced by communities of color & low-income communities due to failed marijuana policies. https://t.co/4glbu733Dq
— The Leadership Conference (@civilrightsorg) November 18, 2019
Advocates have been eagerly awaiting a committee vote on the MORE Act, especially since the House overwhelmingly passed a bill to protect banks that service the cannabis industry in September. Some groups, including the ACLU, had implored leadership to delay the banking vote until the chamber passed legislation like the MORE Act that addresses social equity.
Committee members on both sides of the aisle will be able to introduce amendments to the legislation, but it’s generally expected to advance out of the panel and onto the floor. That said, its fate in the Republican-controlled Senate is far from certain.
Read the full text of the new amendment to the MORE Act below:
Photo courtesy of Philip Steffan.
Biden Says Marijuana Might Be A Gateway Drug
Former Vice President Joe Biden (D) said on Saturday that he’s not sure if marijuana is a gateway drug that leads to the use of other, more dangerous substances.
“The truth of the matter is, there’s not nearly been enough evidence that has been acquired as to whether or not it is a gateway drug,” the 2020 presidential candidate claimed at a town hall meeting in Las Vegas. “It’s a debate, and I want a lot more before I legalize it nationally. I want to make sure we know a lot more about the science behind it.”
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Vote To Federally Legalize Marijuana Planned In Congress
A key congressional committee plans to hold a historic vote on a bill to end the federal prohibition of marijuana next week, two sources with knowledge of the soon-to-be-announced action said.
The legislation, sponsored by House Judiciary Committee Chairman Jerrold Nadler (D-NY), would remove cannabis from the Controlled Substances Act and set aside funding to begin repairing the damage of the war on drugs, which has been disproportionately waged against communities of color.
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Image element courtesy of Tim Evanson.