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Where Presidential Candidate Kirsten Gillibrand Stands On Marijuana

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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.

“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.”

She expanded on those positions at a rally in New York.

“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.”

“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.

But while she initially focused on medical cannabis, her views on the issue evolved and so did the tweets on her feed.

Gillibrand has routinely railed against the pharmaceutical industry, which she criticized for opposing cannabis legalization.

“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.

“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.”

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.

Where Presidential Candidate Julián Castro Stands On Marijuana

Photo element courtesy of Gillibrand 2010

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Kyle Jaeger is Marijuana Moment's Sacramento-based senior editor. His work has also appeared in High Times, VICE and attn.

Politics

California Senator Seeks Federal Clarification On Medical Marijuana Use In Hospitals

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A California senator is asking the head of the U.S. Department of Health and Human Services (HHS) to provide clarification on whether hospitals and other healthcare facilities in legal marijuana states can allow terminally ill patients to use medical cannabis without jeopardizing federal funding.

State Sen. Ben Hueso (D) on Thursday sent a letter to HHS Secretary Xavier Becerra and Centers for Medicare and Medicaid Services (CMS) Administrator Chiquita Brooks-LaSure inquiring about the policy. Confusion about possible implications for permitting marijuana consumption in health facilities led pro-legalization Gov. Gavin Newsom (D) to veto a bill meant to address the issue in 2019.

Hueso refiled a nearly identical version of the legislation for this session, and it’s already passed the full Senate and one Assembly committee. It’s now awaiting action on the Assembly floor before potentially being sent to Newsom’s desk.

“Ryan’s Law would require that hospitals and certain types of healthcare facilities in the State of California allow a terminally-ill patient to use medical cannabis for treatment and/or pain relief,” the senator wrote in the letter to the federal officials, with whom he is asking to meet to discuss the issue. “Currently, whether or not medical cannabis is permitted is left up to hospital policy, and this creates issues for patients and their families who seek alternative, more natural medication options in their final days.”

Hospitals that receive CMS accreditation are generally expected to comply with local, state and federal laws in order to qualify for certain reimbursements. And so because marijuana remains federally illegal, “many healthcare facilities have adopted policies prohibiting cannabis on their grounds out of a perceived risk of losing federal funding if they were to allow it.”

But Hueso said that his office received a letter from CMS several months ago stating that there are no specific federal regulations in place that specifically address this issue and that it isn’t aware of any cases where funding has been pulled because a hospital allows patients to use medical cannabis.


Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Additionally, because the Justice Department has been barred under annually renewed spending legislation from using its funds to interfere in the implementation of state-level medical marijuana programs, the senator said, “we believe the risk of federal intervention is little to none.”

“This confirmation from CMS been quite a breakthrough and we are optimistic it will alleviate the Governor’s concerns,” the letter continues. “However, I want to underscore that, prior to receiving this response, even the Governor of California was under the impression that CMS rules prohibited hospitals and healthcare facilities from allowing medical cannabis use.”

“Undoubtedly other states are struggling with this issue, too,” it says. “As more states decriminalize cannabis and even create recreational markets, we must not forget to also update the books for the most important consumers of all—patients.”

“While ideally the federal government will remove cannabis from its Schedule I designation, I appreciate that this is a lengthy and complex process. In the interim, it would be extremely helpful if you could provide clarification that assures Medicare/Medicaid providers that they will not lose reimbursements for allowing medical cannabis use on their premises. This clarification would go a long way to help hospital staff, security, above all, patients.”

Becerra, while previously serving as California attorney general and as a member of Congress, demonstrated a track record of supporting marijuana law reform.

Meanwhile, there are efforts in both chambers of Congress to end federal marijuana prohibition.

Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) are currently soliciting feedback on draft legalization legislation they introduced this month.

Meanwhile, a separate House bill to federally legalize marijuana and promote social equity in the industry was reintroduced in May.

The legislation, sponsored by Judiciary Committee Chairman Jerrold Nadler (D-NY), was filed with a number of changes compared to the version that was approved by the chamber last year.

Read the letter from the California senator to Becerra below: 

Marijuana hospital letter t… by Marijuana Moment

Rhode Island House Speaker Says ‘No Consensus’ On Marijuana Legalization, But It’s ‘Workable’

Photo courtesy of Mike Latimer.

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Rhode Island House Speaker Says ‘No Consensus’ On Marijuana Legalization, But It’s ‘Workable’

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A top Rhode Island lawmaker says that while there’s not yet a consensus among legislators and the governor on a bill to legalize marijuana, it’s still a “workable” issue and would be prioritized if a special session is convened this fall.

House Speaker Joe Shekarchi (D) told The Public’s Radio that it’s “possible” that a special session will be held later in the year after lawmakers failed to reach a deal on competing reform proposals.

“It really depends if we can come to some kind of resolution of consensus on a couple of major bills,” he said, referring to cannabis and a handful of other issues. “If we can, we certainly would come back.” But if not, members will continue to discuss the proposals and prepare to take them up at the start of the next session in January.

“Unfairly, sometimes I have or the House gets blamed for stopping the legalization of recreational use of marijuana, when in reality there is no consensus,” he said. “If we can come to some closeness, in the several different proposals, then we’ll move some kind of legislation. But if not, it just needs more work—and it’s very workable, so it’s very much something that can happen, we just have to put the effort in and make it happen.”

Listen to the speaker discuss the marijuana legalization plan, about 1:00 into the audio  below: 

Shekarchi similarly told Marijuana Moment in an email earlier this week that he’s “not opposed to the legalization of recreational marijuana,” but “there have been very divergent proposals offered by Representative Scott Slater, the Senate, the governor and various advocacy groups.”

“As I have done with other issues, my role will be to bring the parties together and see if we can reach a consensus,” he said. “I will be working on the issue this summer and fall, and if an agreement can be reached, it is possible that one piece of legislation will be brought before the legislature for future consideration. But there is a lot of work to be done to reach consensus.”

Shekarchi and other top lawmakers have previously said they will work this summer to try to reach a compromise on the differing provisions of the competing legalization plans.

Senate President Dominick Ruggerio (D) said earlier this month that he’s not disappointed the House hasn’t advanced legalization legislation yet and that “what we really wanted to do was send it over and have them take a look at it” when his chamber passed a cannabis reform measure last month.

Shekarchi previously said that he feels reform is “inevitable.”


Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

A key disagreement between the House, Senate and governor’s office concerns who should have regulatory authority over marijuana. Ruggerio was pressed on the issue during the recent interview and said members of his chamber agree that “a separate commission is the way to go with respect to this.”

The House and Gov. Dan McKee (D), on the other hand, want the program to be managed by the state Department of Business Regulation (DBR). Ruggerio noted that “it was difficult to negotiate on a bill when the House bill really didn’t come until late in the session.”

Asked whether he felt the legislature and governor could come to an agreement despite the differences, Senate Majority Leader Mike McCaffrey (D) said this month that “that’s what our goal is.”

“Obviously there’s some issues that different people have relative to different categories of licenses and things like that and how we’re rolling them out,” he said. “Are we going to limit them? what type of equity are you going to give to the different people in different communities so that they can get into the business? And social equity and things of that nature.”

McCaffrey was also asked about provisions related to allowing local municipalities to opt out of allowing marijuana businesses to operate in their area. He said “once the legislation is passed and whatever form is passed in, the communities have an opportunity to opt out.”

“They have an opportunity to opt out if the community doesn’t want to participate in it,” he said. “That’s their decision—however, they don’t get the funds that would come from the sales in that community.”

The majority leader also noted that neighboring states like Connecticut and Massachusetts have enacted legalization, and that adds impetus for the legislature to pursue reform in the state. .

Shekarchi, meanwhile, said this month that he doesn’t intend to let regional pressure dictate the timeline for when Rhode Island enacts a policy change. But it is the case that legalization has now gone in effect in in surrounding states like Connecticut and Massachusetts.

“I’m not in any hurry to legalize marijuana for the sake of legalizing it. I want to do it right,” he said. “It doesn’t matter to me if we’re the last state in the union to legalize it or we never legalize it, but I need to do it right.”

Social equity, licensing fees, labor agreements and home grow provisions are among the outstanding matters that need to be addressed, Shekarchi said.

These latest comment come weeks after the state Senate approved a legalization bill from McCaffrey and Health & Human Services Chairman Joshua Miller (D), which was introduced in March. The governor also came out with his own legalization proposal shortly thereafter.

A third Rhode Island legalization measure was later filed on the House side by Rep. Scott Slater (D) and several cosponsors. The House Finance Committee held a hearing on the measure last month.

The governor, for his part, told reporters that while he backs legalization it is “not like one of my highest priorities,” adding that “we’re not in a race with Connecticut or Massachusetts on this issue.”

“I think we need to get it right,” he said, pointing to ongoing discussions with the House and Senate.

The House Finance Committee discussed the governor’s proposal to end prohibition at an earlier hearing in April.

Both the governor and the leaders’ legalization plans are notably different than the proposal that former Gov. Gina Raimondo (D) had included in her budget last year. Prior to leaving office to join the Biden administration as commerce secretary, she called for legalization through a state-run model.

McKee gave initial insights into his perspective on the reform in January, saying that “it’s time that [legalization] happens” and that he’s “more leaning towards an entrepreneurial strategy there to let that roll that way.”

Shekarchi, meanwhile, has said he’s “absolutely” open to the idea of cannabis legalization and also leans toward privatization.

Late last year, the Senate Finance Committee began preliminary consideration of legalization in preparation for the 2021 session, with lawmakers generally accepting the reform as an inevitability. “I certainly do think we’ll act on the issue, whether it’s more private or more state,” Sen. Ryan Pearson (D), who now serves as the panel’s chairman, said at the time.

Meanwhile, the governor this month signed a historic bill to allow safe consumption sites where people could use illicit drugs under medical supervision and receive resources to enter treatment. Harm reduction advocates say this would prevent overdose deaths and help de-stigmatize substance misuse. Rhode Island is the first state to allow the facilities.

The Senate Judiciary Committee also held a hearing in March on legislation that would end criminal penalties for possessing small amounts of drugs and replace them with a $100 fine.

Ohio Lawmakers Officially File Marijuana Legalization Bill In Historic First For The State

Photo courtesy of WeedPornDaily.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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Ohio Lawmakers Officially File Marijuana Legalization Bill In Historic First For The State

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Ohio lawmakers on Friday formally introduced a bill to legalize marijuana possession, production and sales—the first effort of its kind in the state legislature. This comes as activists are pursuing a separate ballot initiative that would effectively force the legislature to consider similar cannabis reforms.

Reps. Casey Weinstein (D) and Terrence Upchurch (D) filed the legislation, weeks after circulating a co-sponsorship memo to colleagues to build support for the measure.

The 180-page bill would legalize possession of up to five ounces of cannabis for adults 21 and older and allow them to cultivate up to 12 plants for personal use. It also includes provisions to expunge prior convictions for possession and cultivation activities that are being made legal under the measure.

A 10 percent excise tax would be imposed on marijuana sales, with revenue first going toward the cost of implementation and then being divided among municipalities with at least one cannabis shop (15 percent), counties with at least one shop (15 percent), K-12 education (35 percent) and infrastructure (35 percent).

“It’s time to lead Ohio forward,” Weinstein said in a press release. “This is a big step for criminal justice reform, for our veterans, for economic opportunity, and for our individual liberties.”

The state Department of Commerce would be responsible for overseeing the program and issuing cannabis business licenses.


Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Individual municipalities could restrict the type and number of marijuana that operate in their area. The bill specifically states that the state’s existing medical marijuana program would not be impacted by the establishment of an adult-use market.

“This bill is much needed in Ohio, and it’s time for Ohio to become a national leader in marijuana decriminalization and legalization,” Upchurch said. “This bill is more than just about legalization, it’s about economic and workforce development, it’s about decriminalization, and it’s about healthcare! The time is now, and I look forward to getting this done in a bipartisan fashion.”

Gov. Mike DeWine (R) is likely to oppose the effort given his record, but activists have effectively demonstrated through local initiatives that voters in the state broadly support enacting a cannabis policy change.

A newly formed organization called the the Coalition to Regulate Marijuana Like Alcohol (CTRMLA) is also actively collecting signatures for a statewide ballot measure that would separately force lawmakers to consider taking up legalization legislation once a certain signature gathering threshold is met.

“I’m glad to see it! It’s added momentum toward legalization,” Weinstein told Marijuana Moment earlier this week of the ballot effort. “And hopefully a looming ballot initiative will add some incentive for my Republican colleagues to work with me on my bill.”

Meanwhile, 22 jurisdictions have adopted local statues so far that reduce the penalty for low-level cannabis possession from a misdemeanor punishable by jail time and a fine to the “lowest penalty allowed by state law.” And activists are pursuing similar policy changes in dozens of cities this year.

Don Keeney, executive director of NORML Appalachia, told Marijuana Moment that local officials have so far certified decriminalization initiatives in five cities they were targeting this year: Laurelville, McArthur, Murray City, New Lexington and New Straitsville.

Ohio activists had hoped to place a cannabis legalization initiative on the statewide ballot last year, but that effort stalled as the COVID-19 outbreak and resulting public health restrictions made signature gathering all but impossible.

Local advocates sought relief through the court system to make it so they could collect signatures electronically for 2020 ballot initiatives, but the lawsuit was repeatedly rejected—most recently by the U.S. Circuit Court of Appeals for the Sixth Circuit, which ruled on Wednesday that the challenge was no longer relevant because last year’s election has passed and the case was therefore moot.

Read the text of the Ohio marijuana legalization bill below: 

Ohio marijuana legalization… by Marijuana Moment

GOP Senator Sponsoring Marijuana Banking Bill Proposes Controversial Welfare Restrictions For Cannabis Purchases

Photo courtesy of Mike Latimer.

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