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Where Presidential Candidate Tulsi Gabbard Stands On Marijuana

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Rep. Tulsi Gabbard (D-HI), a member of Congress since 2013 and previously a Hawaii state legislator and Honolulu city councilmember, announced she was seeking the 2020 Democratic presidential nomination on January 11, 2019 and dropped out of the race on March 19, 2020.

In her formal campaign launch speech, she criticized a criminal justice system that “puts people in prison for smoking marijuana while allowing corporations like Purdue Pharma, who are responsible for the opioid-related deaths of thousands of people, to walk away scot-free with their coffers full.”

Here’s a broader look at where the congresswoman, who received a B+ grade from NORML as well as an earlier endorsement from the advocacy group, stands on marijuana reform.

This piece was last updated on March 19, 2020 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

Gabbard has cosponsored a large number of cannabis-related bills during her time in Congress, and she was the lead sponsor of a measure to require the federal government to study the impact of state marijuana legalization, which she reintroduced in April 2019.

Also that month, the congresswoman introduced legislation that’s designed to end prohibition by federally descheduling marijuana.

“This is affecting those dealing with opioid addiction, this is affecting farmers, this is affecting small business owners, this affecting our veterans and those who are locked up in our broken criminal justice system because of this prohibition,” Gabbard said in an interview while discussing her bill. “That’s what my bill seeks to do: end prohibition very simply.”

Gabbard signed onto far-reaching legislation to remove marijuana from the Controlled Substances Act (CSA) and withhold federal funds from states that disproportionately enforce cannabis laws in 2018 and 2019.

She also cosponsored a bill filed by Rep. Jerry Nadler (D-NY), chair of the Judiciary Committee, that would similarly deschedule marijuana but would also institute a federal tax on cannabis sales with some funds being directed toward programs to repair the harms of the war on drugs.

“Millions of Americans have fallen victim to the failed War on Drugs, tearing families apart, disproportionately harming minority communities, and overcrowding an already strained prison system. Marijuana use is a personal choice and should not be a criminal act,” she said in a press release about the legislation. “For many years I have worked to end the marijuana prohibition and am proud to push this legislation forward that will begin to right the wrongs of the past, and invest in communities who have been most harmed.”

In July 2019, Gabbard introduced a wide-ranging hemp bill that calls on multiple federal agencies to issue guidelines and encourage federal research into the crop’s many potential uses, including to clean up nuclear contamination, treat conditions that commonly afflict veterans such as post-traumatic stress disorder and incorporate it into public school lunches.

“The hemp industry is poised to grow rapidly, having a billion dollar impact on the U.S. economy and creating thousands of jobs,” she said in a press release. “Hemp-based materials have the potential to transform industries from health care to domestic manufacturing to affordable, sustainable housing construction, and more.”

Other bills she’s backed would shield medical and recreational marijuana states from federal interference, legalize industrial hemp, protect banks that service cannabis businesses from being penalized by federal regulators, provide tax fairness for the cannabis industry, address various aspects of the federal-state marijuana policy gap, remove roadblocks to research and exempt CBD from the CSA.

She was the lead Democratic cosponsor of another measure to federally deschedule marijuana.

Gabbard, who served in a medical unit in the Hawaii Army National Guard, has also cosponsored several pieces of legislation aimed at expanding access to medical cannabis for veterans. That includes one bill that would block the U.S. Department of Veterans Affairs (VA) from denying benefits to patients who use marijuana, another that would require the VA to survey patients and caregivers on cannabis use and a bill that would require VA to conduct clinical trials on the potential therapeutic benefits of cannabis for veterans.

She signed onto a House resolution meant to express the chamber’s sentiment that the drug war has failed and apologize to “individuals and communities that were victimized by this policy.” She also cosponsored a separate resolution calling on states to “address disparities in the cannabis marketplace participation and to address, reverse, and repair the most egregious effects of the war on drugs on communities of color, in particular to those who now hold criminal records for a substance that is now legal and regulated.”

Gabbard has also consistently voted to support marijuana amendments on the House floor. For example, she supported two measures to protect state medical cannabis laws from federal interference as well as a broader proposal to shield all state marijuana laws, including those allowing recreational use. She voted yes on three separate amendments to allow military veterans to get medical cannabis recommendations from their Department of Veterans Affairs doctors. A measure to protect banks from being punished for working with marijuana businesses from businesses also got an aye from Gabbard. And she supported a proposal to shield people complying with state CBD medical cannabis laws from federal enforcement, as well as four separate amendments to protect state industrial hemp programs from interference.

On The Campaign Trail

“The fact that marijuana’s still a Schedule I drug is unacceptable in the harm that it is causing to the people of our country and to taxpayers as well,” Gabbard told Marijuana Moment in a March 2019 interview.

“Regardless of who [the Democratic presidential nominee] is, this is a major issue I’m putting at the forefront of my campaign and continuing the work that I’ve been doing in Congress to bring about this change,” she said. “It’s something I’ve continued to bring up in bigger cities as well as small towns in New Hampshire and Iowa and other states, and it’s an issue that is very exciting to voters who believe, as I do, that we’ve got to make this happen.”

The candidate touted legislation she introduced to deschedule cannabis, directing supporters to contribute to her campaign.

In January 2020, Gabbard suggested that legalizing and regulating currently illicit drugs would help people suffering from addiction get into treatment and would be a superior policy compared to criminalizing these individuals.

“I think we need to look at the model in Portugal where there has been decriminalization and in some cases legalization and regulation so we treat substance abuse and addiction as a health care issue,” she said in an interview with Fox News’s Sean Hannity the next month.

This came months after Gabbard first indicated she’s supportive of decriminalizing possession of currently illegal substances like heroin and cocaine.

During a campaign stop in Iowa, she said, “Stop throwing people in prison for smoking a joint and instead go after those like Purdue Pharma who are proliferating their opioids on our streets and taking people’s lives.”

“Our archaic marijuana policies—based on stigma and outdated myths—have been used to wage a failed war on drugs,” she said in an interview with Cannabis Now. “The so-called ‘War on Drugs’ has exhausted our law enforcement resources, burdened our criminal justice system, decimated communities, fractured families, and turned everyday Americans into criminals. Over-criminalization and mass incarceration have become the new norm.”

During a televised town hall event, Gabbard declined to rule out pushing for broader decriminalization legislation to extend to drugs besides marijuana.

“The drug pushers at Big Pharma have enough crooked politicians in their pocket to maintain the appearance of legality – that’s the only difference between them & every other global drug cartel,” the congresswoman said in a tweet in March 2019. “I’m for legalizing marijuana & holding Big Pharma accountable.”

She also discussed hemp, writing that the crop “played a vital role in the American economy through the early 1900’s until it was replaced w/ fossil fuel products.”

“Versatile & environmentally friendly, it represents great opportunity for small farmers,” she said. “It’s time to bring it back!”

Gabbard sought donations with a marijuana-themed campaign email blast on the unofficial cannabis holiday 4/20. Supporters were given options to contribute $4.20, $14.20, $42.00 and $420.00.

“The recent arrest of a grandmother at the Dallas Fort Worth airport for possession of CBD oil—a resin from the cannabis plant used to treat arthritis and other ailments—underscores the absurdity and hypocrisy of federal laws related to marijuana,” she said in a tweet that included an accompanying video.

Gabbard said her legislation to end federal cannabis prohibition would protect veterans from being “penalized or risk losing their VA benefits for working in the state-legalized cannabis industry.”

“As president I’ll end the failed war on drugs, legalize marijuana, end cash bail, and ban private prisons and bring about real criminal justice reform,” Gabbard said.

During a Democratic presidential debate in July 2019, Gabbard took a hit at fellow contender Sen. Kamala Harris (D-CA) over her record as a prosecutor who enforced marijana prohibition and once opposed legalization while later joking about her own cannabis consumption.

Gabbard said during a post-debate interview that she is “deeply concerned about this record,” referring to the senator’s prosecutorial history. “There are too many examples to cite, but she put over 1,500 people in jail for marijuana violations and then laughed about it when she was asked if she ever smoked marijuana.”

At another debate, the candidate said it’s “important that we set the record straight and correct the racial injustices that exist in a very institutional way in our country, beginning with things that have to do with our criminal justice system—predominantly, the failed war on drugs that has been continuing to be waged in this country, has disproportionately impacted people of color and people in poverty.

“Marijuana use is a personal choice, not a criminal act,” the congresswoman said in a campaign video.

At the New Hampshire Democratic Party convention in September 2019, Gabbard also discussed her plan to end the drug war and legalize marijuana. She also talked about these policies at the New Hampshire Institute of Politics and New England Council’s Politics and Eggs breakfast.

Ahead of NORML’s congressional lobbying day event that month, Gabbard spoke to advocates about the need for reform.

“More than half the states across America have legalized/decriminalized marijuana in some form,” she said. “It’s time for Congress to catch up.”

She also participated in a “Rethinking Marijuana Roundtable” in New Hampshire in February 2020.

At another event in the state that month, the candidate spoke about the failure and harms of the war on drugs.

Gabbard also said she supports allowing interstate commerce for cannabis and social consumption sites.

Previous Quotes And Social Media Posts

There’s no deficit of marijuana-related posts on Gabbard’s Facebook and Twitter feeds, and her office has released numerous statements and press releases about the issue.

After then-Attorney General Jeff Sessions rescinded Obama-era Justice Department guidance on cannabis enforcement priorities in early 2018, she posted an extensive thread about why the move “will exacerbate an inhumane, ineffective system that tears families apart.

Later in the year, she turned her attention on Hawaii Gov. David Ige (D) after he vetoed legislation that would have made opioid misuse a qualifying condition for medical marijuana. Gabbard has repeatedly touted research demonstrating that legal access to cannabis can reduce opioid overdoses and prescriptions, potentially mitigating a national drug crisis.

“With such a stark increase in prescription opioid use and dependence, heroin and synthetic drug overdose, and emergency room visits over the last decade, we must allow legal access to medical marijuana to help prevent opioid addiction and opioid-related deaths,” Gabbard said in a press release. “Understanding that people’s lives are at stake, I urge Governor Ige to reconsider and sign this legislation into law now.”

She also talked about the relationship between marijuana laws and opioid overdoses on Joe Rogan’s podcast.

“There are states that have legalized, whether it’s just medical or full legalization, there has proven to be a direct correlation to a drastic reduction in opioid-related deaths in those states where people have access,” she said. “If we know this, and every one of the leaders in this country are so concerned about this opioid epidemic, why hasn’t this been brought forward?”

In a 2017 interview with SFGate, the congresswoman discussed legislation she cosponsored to remove marijuana from the CSA, saying that current federal cannabis policies “have turned everyday Americans into criminals, torn families apart, and wasted huge amounts of taxpayer dollars to arrest, prosecute, and incarcerate people for nonviolent marijuana charges.”

“The reality is, whether or not any individual chooses to consume cannabis is irrelevant. The important question is, should we really be sending people to jail and turning them into criminals for using a substance that is far less dangerous and harmful than alcohol? The answer is no. The fiscal and social impacts of our current policy, are having devastating effects on individuals and our communities and are only perpetuating the problem.”

Touting her Marijuana Data Collection Act on the House floor, Gabbard said “federal policies should be based on actual science and fact, not misplaced stigma and outdated myths.”

“For decades, bad data and misinformation have fueled the failed War on Drugs that’s wasted billions of taxpayer dollars incarcerating Americans for non-violent marijuana charges,” she said. “Our outdated marijuana policies have turned everyday Americans into criminals, strained our criminal justice system, cost taxpayers tremendously, and torn families apart—all for a substance that’s proven to be far less harmful and dangerous than alcohol.”

Prior to the passage of the 2018 Farm Bill, which federally legalized industrial hemp, the congresswoman spoke out in support of allowing farmers to cultivate the crop.

“Our nation should empower our local farmers by allowing them to grow, cultivate and research industrial hemp that will create opportunity and strengthen our economy,” she said in a press release. “The DEA must honor and uphold the Congressional intent of federal legislation that allows states, like Hawai‘i, to establish programs to research the benefits, cultivation, and market of industrial hemp.”

She also tweeted that one answer to plastic trash pollution of the ocean is to use more “biodegradable materials like hemp.”

Personal Experience With Marijuana

Gabbard told Marijuana Moment in an interview that she has not personally tried marijuana.

“I don’t smoke marijuana. I never have,” she said. “But I believe firmly in every person’s freedom to make their own choices, and that people should not be thrown in jail and incarcerated or made into criminals for choosing to smoke marijuana whether it be for medicinal and non-medicinal purposes.”

In January 2020, she again said “I’ve never done drugs in my life, and I don’t drink.”

“That’s my choice, but I don’t believe that if someone else makes different choices in their lives that they should be penalized and punished and made a criminal of,” the congresswoman said.

Marijuana Under A Gabbard Presidency

Gabbard’s cosponsorship of a long list of cannabis reform bills and continual focus on the issue in public statements and social media posts indicate she would be an especially marijuana-friendly president if she were to earn the Democratic nomination and win the 2020 election.

Where Presidential Candidate Kirsten Gillibrand Stands On Marijuana

Photo element courtesy of Lorie Shaull.

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.

Politics

California Governor Says Marijuana Legalization Is A ‘Civil Rights’ Matter Amid Mass Protests Over Racial Injustice

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The governor of California discussed systemic racism and injustice that is inspiring mass protests across the country in a Friday speech, and he touted the state’s legalization of marijuana as an example of how it has addressed racial disparities in the criminal justice system.

Gov. Gavin Newsom (D) said at a press conference that he’s “very proud of this state” for going beyond issues such as implicit bias in policing and the “deadly use of force.” California’s leadership helped advance “a conversation about broader criminal justice reform to address the issues of the war on drugs” and “race-based sentencing,” he said.

“That’s why the state was one of the early adopters of a new approach as it relates to cannabis reform. Legalization around adult-use of marijuana,” he said. “It was a civil rights call from our perspective.”

“I was proud to be out in front in those efforts,” he added. “It was about addressing the disparities. It was about addressing incarceration. It was about addressing the ills of this war on drugs.”

Newsom also discussed the racially discriminatory sentencing of crack versus powder cocaine and other mandatory minimum sentencing policies. While the federal disparity was reduced over time since Congress passed the sentencing provision—a policy presumptive Democratic presidential nominee Joe Biden helped enacted during his time in the Senate and later sought to undo—California eliminated the distinction in terms of state sentencing in 2014.

Even so, the governor recognized that the reforms the state has enacted to date are “not enough” and more work needs to be done. He’s also not alone in drawing a connection between drug policy reform and racial justice.

Earlier this week, the governor of Virginia said that the passage of marijuana decriminalization legislation this year represents an example of how his state has addressed racial inequities that are inspiring mass protests over recent police killings of black Americans such as George Floyd and Breonna Taylor.

Sen. Cory Booker (D-NJ) also recently said racial disparities in marijuana criminalization is an example of a systemic injustice that underlies the frustration of minority communities.

Last week, 12 House members introduced a resolution condemning police brutality and specifically noting the racial injustices of the war on drugs. It now has 160 cosponsors.

The measure came one week after 44 members of the House sent a letter to the Justice Department, calling for an independent investigation into a fatal police shooting of Taylor in a botched drug raid.

In New York, there’s a renewed push to pass a package of criminal justice reform legislation that includes a bill to legalize marijuana. Sen. Julia Salazar (D) told Marijuana Moment that “in this particular moment, I think what’s the important factor here is that [criminalization] disproportionately impacts black and brown New Yorkers.”

“Because of the criminalization of the use of marijuana, more black and brown New Yorkers have interactions with police than they need to,” she said. “More people end up in the criminal justice system in the first place than is necessary at all.”

New Jersey Lawmakers File Marijuana Decriminalization Bill Ahead Of Broader Legalization Referendum

Image element courtesy of Gage Skidmore.

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American Bar Association Says Firms Working ‘Indirectly’ With Marijuana Industry Should Get COVID Relief

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The American Bar Association (ABA) sent a letter to the heads of the Treasury Department and Small Business Administration (SBA) on Friday, urging them to end a current policy preventing law firms that service state-legal marijuana businesses from receiving federal coronavirus relief.

SBA has made clear that cannabis companies are ineligible for its Paycheck Protection Program (PPP) loans—but its policy also bars those that work with marijuana businesses indirectly from getting the aid. ABA, which has nearly 200,000 dues-paying members, said it wants clarification or a formal policy change to make it so indirect businesses are not impacted.

“The ABA supports amending federal law to ensure that lawyers do not face the threat of criminal charges when they represent clients in states that have legalized marijuana,” the organization said. “Even before those changes are made to federal law, lawyers should also not be penalized for providing legal services to cannabis-related businesses that comply with state laws.”

ABA also argued that the policy is excessively broad in that it stipulates that companies that derive any revenue from servicing a cannabis business cannot receive relief during the pandemic. “Thus, a law firm where a single lawyer provided advice to a single marijuana business client on legal issues for a nominal fee would arguably be ineligible under this language for the SBA PPP loan program,” the organization wrote.

ABA’s letter further notes that 78 percent of firms are located in states where marijuana is legal in some form.

“We urge SBA to provide further guidance that it will not treat otherwise eligible businesses, including law firms, as disqualified from the PPP program based solely on having provided legal, financial/accounting, policy, or regulatory advice to a Direct Marijuana Business,” Judy Perry Martinez, ABA’s president, wrote.

Steve Fox, strategic advisor at the Cannabis Trade Federation, told Marijuana Moment that it’s “wonderful to see an organization with the reputation and stature of the ABA engage on this issue.”

“As they note, the SBA guidance is overly broad and unjustly punishes companies and firms all across the country. In fact, in some states, the cannabis industry is so ingrained in the economy, you have many hundreds of companies providing goods or services to cannabis businesses,” he said. “According to the plain language of the SBA guidance, they are all, with very minor exceptions, ineligible for PPP loans.”

“We stand with the ABA in urging the Treasury and Small Business Administration to issue further guidance, clarifying that ‘indirect marijuana businesses’ are eligible for PPP loans. If they fail to do so, Congress should remedy this situation at the earliest possible opportunity,” he added.

In February, ABA’s House of Delegates voted in favor of proposals endorsing pending federal legislation to protect banks that service cannabis businesses and calling for a clarification of rules to ensure that lawyers will not be penalized for representing clients in cases concerning state-legal marijuana activity.

Rep. Earl Blumenauer (D-OR) introduced a bill last month that would fix the COVID-19 relief access problem, calling for SBA eligibility for cannabis businesses and ancillary companies. That came after he led a letter with 34 bipartisan members of the House urging leadership to include the policy change in future coronavirus-related bills.

Sens. Jacky Rosen (D-NV) and Ron Wyden (D-OR) made a similar request to Senate leaders in a separate letter.

Separately, the ABA-supported Secure and Fair Enforcement (SAFE) Banking Act was included in a House-passed COVID-19 relief package last month.

A bipartisan coalition of 34 state and territory attorneys general asked Congress to pass the bill with that language, which would protect banks that service marijuana businesses from being penalized by federal regulators.

The head of the Federal Deposit Insurance Corporation said this week that marijuana business banking represents one of the most “challenging issues that I have encountered” at the agency.

Read ABA’s letter to the Treasury and SBA below: 

ABA letter to SBA on PPP by Marijuana Moment on Scribd

Federal Financial Regulatory Agency Head Says Marijuana Banking Among Most Challenging Issues

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Bermuda Government Releases Marijuana Legalization Bill For Public Feedback

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The government of Bermuda released a draft bill on Wednesday to establish a legal marijuana market in the self-governing British overseas territory.

“Surprising for some, public attitudes have evolved apace with global legislative reforms and in recognition that opening up pathways for new economic opportunities and activity is needed,” Attorney General Kathy Simmons said in a video on the proposal.

Under the proposed legislation, adults 21 and older would be able to possess and purchase up to seven grams of cannabis from licensed retailers.

A regulatory body called the Cannabis Advisory Authority would be responsible for issuing licenses and regulating the market. There would be seven types of licenses available: cultivation, retail, research, import, export, transportation and manufacturing.

Individuals with prior marijuana convictions would not be barred from participating in the industry.

Fees for the licenses would be set in a way designed to both stimulate the territory’s economy while also ensuring that they are not prohibitively expensive for “underserved and marginalized communities,” a summary of the bill states.

People with convictions for possessing seven grams or less would be eligible for expungement.

Last year, Bermudan lawmakers unveiled draft legislation to create a medical cannabis program. Public feedback signaled that people felt the bill imposed excessive regulations and that the territory should more broadly legalize marijuana altogether for adult use.

Now that this new draft legislation has been released, the government is again asking for public input up until July 3. On its site, individuals are prompted with seven specific questions that feedback is being sought on. That includes queries about licensing requirements and penalties.

Premier David Burt, who pledged last year to introduce marijuana legalization legislation, also encouraged individuals to weigh in on the proposed regulations.

“The Government has made a commitment to progressively liberalize cannabis laws in Bermuda and to create economic opportunities for citizens wishing to participate in a regulated cannabis scheme,” the site states. “The Government again wishes to ‘take it to the people’ by commencing a one month public consultation exercise on the proposed scheme.”

The attorney general said in her video that the government plans to “move ahead with a more simplified, regulated cannabis scheme, which builds on the strength of the original medicinal cannabis policy and which embraces the public feedback.”

“The revised proposal with provide for a regulated cannabis program which has been hybridized to meet Bermuda’s requirements while modeling the best available legal provisions in Canada, both provincial and federal, and to a lesser degree, examples from the Caribbean,” she said.

Several Caribbean nations have started exploring marijuana reform in recent years. Importantly, in 2018, the heads of 19 Caribbean nations agreed to “review marijuana’s current status with a view to reclassification,” emphasizing “human and religious rights” issues stemming from criminalization as well as “the economic benefits to be derived” from legalization.

Since then, lawmakers in the dual-island nation of St. Kitts and Nevis said they would be introducing legalization legislation. The government of Trinidad and Tobago brought two cannabis reform bills before Parliament last year—one to decriminalize low-level possession and another to legalize cannabis for medical and religious purposes.

Meanwhile, the governor of the U.S. Virgin Islands has been stressing the need to legalize marijuana in order to generate tax revenue for the U.S. territory’s fiscal recovery from the coronavirus pandemic.

The Jamaican government also recently announced that it will be allowing medical cannabis patients to make marijuana purchases online for pickup at “herb houses” as a means to combat the coronavirus pandemic.

Read the draft bill to legalize marijuana in Bermuda below:

Bermuda marijuana legalizat… by Marijuana Moment on Scribd

U.S. Virgin Islands Governor Touts Legal Marijuana’s Economic Potential At Revenue Meeting

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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