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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 Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

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Democrats Remove Marijuana Research Bill From House Floor Schedule After Briefly Listing Possible Vote

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On Friday afternoon, a bipartisan bill to promote marijuana research was included in a list of legislation that was “scheduled for consideration” on the House floor next week. But hours later, it was removed.

“It was just an error,” a spokesperson for House Majority Leader Steny Hoyer (D-MD) told Marijuana Moment. “It’s not scheduled for next week.”

This is the second cannabis-related scheduling complication to occur within the House this month. The chamber’s leadership had previously announced plans to hold a vote on a comprehensive federal cannabis legalization bill this week, but that action was postponed following pushback from certain centrist Democratic members. 

The Medical Marijuana Research Act that was mistakenly included in the list of bills to be taken up next week cleared the House Energy and Commerce Committee earlier this month in a voice vote. The crux of the proposal is to streamline studies, and one notable mechanism through which it would do that is to let researchers obtain cannabis from dispensaries in legal states—a significant departure from current policy that restricts scientists to using marijuana grown under federal authorization.

That could resolve an issue identified by researchers and lawmakers, who complain that marijuana produced at the only existing authorized facility at the University of Mississippi is difficult to access and is chemically closer to hemp than cannabis available on the commercial market.

It’s not clear whether that provision will be a sticking point for members who oppose broader marijuana reform if it does eventually get a floor vote. As initially listed on the House’s weekly calendar, the bill would have been considered under a process known as suspension of the rules, under which it could advance on an expedited basis with no amendments allowed and which requires at least a two-thirds majority to pass.

The legislation would also establish a simplified registration process for researchers interested in studying cannabis, in part by reducing approval wait times, minimizing costly security requirements and eliminating additional layers of protocol review.

As it was originally drafted, the bill would have made it so researchers could access marijuana from additional federally approved private manufacturers. But an amendment in the nature of a substitute was approved in committee, also via a voice vote, that included the component expanding access to state-legal dispensaries.

In July, the House approved separate legislation that also called for letting researchers study marijuana purchased from businesses in state-legal markets instead of only letting them use government-grown cannabis. The intent of that provision, tucked into a 2,000-plus-page infrastructure bill, was to allow the interstate distribution of such products even to scientists in jurisdictions that have not yet legalized marijuana.

The revised research-focused proposal that the House is poised take up next week also stipulates that nothing about the legislation precludes the U.S. Department of Health and Human Services (HHS) secretary from enforcing Food and Drug Administration restrictions on the method of administration of marijuana, the dosage or number of patients involved in approved studies.

The bill would also make it so there would be no limit on the number of entities that can be registered to cultivate marijuana for research purposes. Additionally, it would require HHS to submit a report to Congress within five years after enactment to overview the results of federal cannabis studies and recommend whether they warrant marijuana’s rescheduling under federal law.

While the floor announcement would have represented a positive development for advocates, there’s still frustration over the postponement of a vote on the federal descheduling bill—the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act. Certain centrist Democrats reportedly convinced leadership to delay the action, citing concerns about the optics of advancing cannabis reform without first passing another round of coronavirus relief.

The research legislation is being led by the unlikely duo of pro-legalization Rep. Earl Blumenauer (D-OR) and prohibitionist Rep. Andy Harris (R-MD).

During an Energy and Commerce Subcommittee on Health hearing in January—which was requested by four GOP lawmakers last year—federal health and drug officials, including from DEA, acknowledged that the current supply of cannabis for research purposes is inadequate and that scientists should be able to access a wider range of marijuana products.

DEA said four years ago that it would be taking steps to expand the number of federally authorized cannabis manufacturers, but it has not yet acted on applications.

Last year, scientists sued the agency, alleging that it had deliberately delayed approving additional marijuana manufacturers for research purposes despite its earlier pledge.

A court mandated that DEA take steps to make good on its promise, and that case was dropped after DEA provided a status update.

In March, DEA finally unveiled a revised rule change proposal that it said was necessary due to the high volume of applicants and to address potential complications related to international treaties to which the U.S. is a party.

The scientists behind the original case filed another suit against DEA, claiming that the agency used a “secret” document to justify its delay of approving manufacturer applications.

That was born out when the Justice Department Office of Legal Counsel document was released in April as part of a settlement in the case, revealing, among other things, that the agency feels that its current licensing structure for cannabis cultivation has been in violation of international treaties for decades.

But the committee-approved bill states that international treaty obligations “shall not be construed to prohibit, or impose additional restrictions upon, research involving marijuana, or the manufacture, distribution, or dispensing of marijuana, that is conducted in accordance with the Controlled Substances Act, this Act, and the amendments made by this Act.”

The legislation has drawn support from a broad array of organizations on both sides of the legalization debate, including Smart Approaches to Marijuana, American Psychological Association, Marijuana Policy Project and American Academy of Neurology.

This story has been updated to reflect that the cannabis research bill will not receive a floor vote next week and was mistakenly included in the House schedule, seemingly due to a clerical error.

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Mexican Cabinet Member Accepts Gifted Marijuana Plant As Lawmakers Prepare Legalization Vote

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Marijuana is becoming something of a staple in the Mexican Congress, and not just when it comes to reform bills being considered. Actual cannabis products are regularly being exchanged, displayed and planted in and around legislative chambers as lawmakers work to legalize the plant.

On Wednesday, a top administration official was gifted a marijuana plant by senator, and she said she’d be making it a part of her personal garden.

Interior Ministry Secretary Olga Sánchez Cordero said that by the time she plants the cannabis gift from Sen. Emilio Álvarez Icaza, she’ll be “fervently hoping that the law [to legalize cannabis] is already passed,” referring to reform legislation that the legislature has been working on the past couple years.

“The medicinal use of marijuana has been a revelation for the world, and second because hemp is industrially interesting from clothes, energy, paper, construction materials, stronger than any other construction material,” she said, according to a translation. “In other words, there is enormous potential with hemp and also the recreational use of marijuana, respecting the principle of the autonomy of the will and the free development of the person.”

Last year, a different lawmaker gave the Sánchez Cordero a marijuana joint on the floor of the Chamber of Deputies.

“I bring you a gift as a reminder of that proposal you made at the beginning, because that goes to be the way to help us build peace. Let’s regulate the use of drugs,” Deputy Ana Lucía Riojas Martínez said at the time.

Cannabis made another appearance in the legislature last month, when Sen. Jesusa Rodríguez of the ruling Morena party decorated her desk with a marijuana plant.

Drug policy reform advocates have also been cultivating hundreds of marijuana plants in front of the Senate, putting pressure on legislators to make good on their pledge to advance legalization.

President Andrés Manuel López Obrador recently said that marijuana reform legislation will advance in the new session.

A legalization bill was approved by several committees earlier this year, but the reform effort has been stalled due to the coronavirus pandemic. The nation’s Supreme Court—which deemed the country’s prohibition on personal possession and cultivation unconstitutional in 2018—is currently giving lawmakers until December 15 to enact the policy change.

The legalization bill that’s set to advance this coming session was revised during a joint meeting of the Justice, Health, Legislative Studies and Public Safety Committees in March.

The proposal would allow adults 18 and older to possess and cultivate marijuana for personal use. Individuals could grow up to 20 registered plants as long as the total yield doesn’t exceed 480 grams per year. Medical patients could apply to cultivate more than 20 plants, however.

Personal possession would be capped at 28 grams, but possession of up to 200 grams would be decriminalized.

The Mexican Institute of Regulation and Control of Cannabis, a decentralized body established under the measure, would be established and responsible for regulating the market and issuing licenses for marijuana businesses.

The bill proposes a 12 percent tax on cannabis sales, with some revenue going toward a substance misuse treatment fund.

Public consumption would be permissible, except in spaces designated as 100 percent smoke-free. Hemp and CBD would be exempt from regulations that apply to THC products.

An earlier version of the legislation was approved by Senate committees last year ahead of the court’s previous October deadline.

Sen. Julio Ramón Menchaca Salazar, also of the Morena party, said in April that while legislators must still resolve certain disagreements about the legislation, legalizing cannabis could fill treasury coffers at a time when the economy is recovering from the pandemic.

While advocates are eager to enact reform, they’ve also raised several concerns with the legislation as drafted, particularly as it relates to restorative justice.

Zara Snapp, a legalization activist with the Instituto RIA and the coalition #RegulacionPorLaPaz, told Marijuana Moment on Friday that while it’s “concerning” that committees haven’t yet scheduled time to take the legalization bill back up, she’s had conversations with senators from all political parties and “they all tell me this will happen this legislative session.”

“We’re going to take them at their word that they will be approving this in the next two to three months,” she said.

Vermont Democratic Party Platform Calls For Decriminalizing Drugs And Legalizing Marijuana Sales

Photo courtesy of Twitter/EmilioAlvarezI.

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Vermont Democratic Party Platform Calls For Decriminalizing Drugs And Legalizing Marijuana Sales

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The Vermont Democratic Party formally adopted a platform this month that calls for bold drug policy reforms, including legalizing marijuana sales, promoting equity in the cannabis industry and decriminalizing possession of all currently illicit substances.

During a virtual meeting on September 12, about 100 local delegates from across the state approved the platform. Beside marijuana legalization and drug decriminalization, the party further called for a process to automate expungements and reassess sentencing guidelines more broadly.

All this came together as legislators worked to send the governor a cannabis tax-and-regulate bill and separate legislation that would provide automatic record clearing for prior marijuana convictions.

The party released the final language of its positions this week. Here’s how the drug policy-related planks were written:

-Adopt an approach to the possession and misuse of drugs that is motivated solely by the principles of public health and harm reduction, rather than punishing undesirable private behavior, while avoiding the criminal justice system altogether.

-Ensure that cannabis is appropriately regulated and taxed in a manner that rights the historic wrongs of the War on Drugs and that recognizes the disproportionate impact prohibition has had on minority communities.

-Expand access to expungement, including by enacting a system to automatically expunge criminal records, so that those who have repaid their debt to society can make a fresh start.

-Re-examine existing prison sentences in light of our current knowledge of how systemic bias has led to disparate outcomes based on race and socio-economic status, and give State’s Attorneys greater authority to take a second look at and reduce existing sentences where these biases are found, and otherwise are in the interest in justice.

“This platform reflects a continuing shift in attitudes among Vermont Democrats when it comes to drug policy,” Dave Silberman, a pro bono attorney and reform advocate who led the drafting of the platform’s criminal justice provisions, told Marijuana Moment. “As a party, we’ve fully recognized that the War on Drugs has completely failed to reduce problematic drug use, and in fact fuels the racial biases we see in policing today, all without contributing to public safety.”

“Even a few years ago, these statements would have been controversial, but today they are the consensus view,” Silberman, who is running for the elected office of high bailiff in Addison County, said. “I’m excited to work with Democratic elected officials in 2021 and beyond to turn these principles into law and policy.”

The Vermont Republican Party didn’t respond to Marijuana Moment’s request for reaction to Democrats’ drug policy positions by press time.

Legalizing marijuana sales in Vermont has been a priority for activists since the governor signed legislation in 2018 allowing adults to possess up to one ounce of cannabis and cultivate up to two plants.

After both chambers advanced the marijuana commerce bill earlier this session, it was sent to a bicameral conference committee to resolve differences. Those negotiations resulted in a finalized bill this month, which the House and Senate then approved, putting it on its way to the governor’s desk.

While Scott hasn’t said whether he will put his signature on S. 54, he noted last week that he’s been impressed with how the legislative process unfolded for the measure and would take that into account.

The expungements bill that also cleared the legislature this month would allow records to be cleared systematically and also people to possess and grow more cannabis without the threat of jail time than is currently allowed.

Outside Vermont, the Oregon Democratic Party this week formally endorsed statewide initiatives to legalize psilocybin mushrooms for therapeutic purposes and decriminalize possession of all currently illicit drugs while investing in substance misuse treatment.

Read the Vermont Democratic Party’s platform below: 

VDP 2020 Platform by Marijuana Moment

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