Donald Trump’s nominee as White House drug chief dodged questions written by senators regarding her position on marijuana de-scheduling and medical cannabis legalization, along with racial disparities within drug enforcement.
Sara Carter Bailey submitted her responses to a range of questions from the Senate Judiciary Committee, which included several cannabis-related ones.
Bailey’s answers to Sens. Booker and Durbin were largely vague, similar to the way she handled questions regarding rescheduling at an in-person meeting last month. Cory Booker and Dick Durbin, both of the Democratic Party in New Jersey. This is despite the fact that she had previously supported medical cannabis prior to being nominated.
Asked simply whether she supports the rescheduling of cannabis—as Trump previously endorsed on the campaign trail and said in late August he’d be deciding on within weeks—Bailey said, if confirmed, “I will comply with all federal laws and fulfill all statutory responsibilities of the ONDCP. As part of the scheduling and policy decisions, I will work closely with interagency officials to examine all evidence.
Durbin asked the candidate if she planned to “work towards legalizing medical marijuana at the federal level” based on comments she made in a podcast, during which she acknowledged cannabis’ medical benefits.
If confirmed as director, I will follow all federal laws and fulfill the statutory responsibilities of ONDCP,” said she, echoing her reply to the rescheduling query. She said that she would also “work with the Interagency” to make sure all information and evidence is examined as part any policy or scheduling actions.
Although federal legislation does not prohibit the ONDCP’s director from supporting administrative rescheduling plans, it states that he or she is prohibited from promoting legalization for Schedule I drugs as defined by the Controlled Substances Act.
Democratic lawmakers in Congress announced that they would be filing a new bill, which would lift this restriction. The GOP-controlled Congress hasn’t yet moved forward with the bill.
Durbin asked her if “people of colour have been disproportionately hurt by drug prosecutions,” to which she responded in a peculiar way, denying the overwhelming evidence that Blacks and Browns have been targeted more than whites for drugs.
She said: “I think that illicit drugs have affected all communities, and that some are worse than others. Data shows that there is a higher prevalence of certain drugs in particular communities.”
Bailey responded that, when asked to respond to the question of race disparity, she will “commit herself to making sure all Americans have access to effective treatment, delivered in a timely manner, and based on evidence.”
In collaboration with U.S. Attorneys, she said, “I will also support them in holding all drug traffickers accountable through my collaborative efforts.” “I will support U.S. Attorneys who hold drug traffickers to account,” said she.
Booker also addressed the question of scheduling in his Questions for the Record. Booker asked specifically if the nominee was better qualified, “scientists and doctors or prosecutors” to “conduct scientific and medical assessments of drugs”.
As she stated at the confirmation hearing, if I am confirmed, I will work closely with all interagency stakeholder agencies in order to conduct a thorough examination of facts and evidence,” said Ms. Smith. Scientists and doctors are required to use a thorough approach when evaluating the risks and benefits associated with any substance. HHS Secretary then provides a recommended recommendation to Attorney General.
Booker asked Bailey if he would give more weight to a HHS scheduling recommendation based on the scientific and medical evaluations of a particular drug, rather than DEA opinion.
She said: “As I stated during the hearing, the CSA process is one I fully support, and if I am confirmed, I will work closely with the relevant stakeholders of the interagency to examine all the facts and evidence.”
A senator also inquired if the candidate would support “additional federal funding for centers that prevent overdoses” if he were confirmed. It’s unclear what the senator meant when he asked that question, since advocates refer to overdose centers as places where drug users can use illicit drugs safely under medical supervision and with access to treatment. Justice Department has been arguing for years that such centers are illegal, and fighting any local efforts to establish them.
In any case, Bailey said she doesn’t support additional funding; rather, she generally backs “preventing overdoses and all harms caused by drugs.”
Each overdose is an occasion to help connect someone to a treatment program and provide them with hope,” said she. I also support fully the executive orders of President.
Booker also asked whether the nominee believes the “war on drugs approach has failed to reduce overdose deaths.”
Bailey stated that “our approach is balanced”: it will include preventing illicit drug production overseas, and its movement into our country and communities. It also includes holding those responsible for trafficking in illegal drugs and raw materials as well as those involved with the facilitation of the illicit trade accountable.
Bailey, a former journalist who covered drug cartels in the past, recently told senators the Administration is considering “all options,” as they continue to review a marijuana rescheduling plan. She also described cannabis reform as “a bipartisan issue.”
The fact that Bailey, as the director of ONDCP, has in the past endorsed medical marijuana is good news to advocates.
Trump endorsed rescheduling—as well as marijuana industry banking access and a Florida legalization ballot initiative–on the campaign trail ahead of his second term. His most recent remarks in late August regarding the timeline of a decision on a rescheduling gave an ambiguous impression about his position.
While Bailey has spoken often about various marijuana policy issues—focusing attention on illicit trafficking and illegal grow operations on U.S. land, for example—her public comments on how she personally feels about the topic have been limited. In an episode of The Sara Carter Show podcast from last year, Bailey made it clear that she makes a distinction between marijuana which is legally regulated, and illegally supplied.
She said, “I have no problem with it being legalized as long as it is monitored.” “I mean, I may have my own issues of how I feel about that, but I do believe that cannabis for medicinal purposes and medical reasons is a fantastic way of handling—especially for people with cancer and other illnesses, you know—of handling the illness and the side effects of the medication and those illnesses. “I’m not suggesting that we make cannabis illegal.
If Bailey is ultimately confirmed by the Senate, she will become the second drug czar in a row who has voiced support for medical marijuana, following former President Joe Biden’s ONDCP director Rahul Gupta, who worked as a consultant for a cannabis businesses and also oversaw implementation of West Virginia’s medical marijuana program.
Bailey has separately sounded the alarm about the risk of pesticides and other contaminants in marijuana grown and sold by Chinese cartels—an issue that was recently taken up by a House committee.
Last year, the nominee talked about the issue with Derek Maltz, a then-retired Drug Enforcement Administration (DEA) official who is temporarily served as acting administrator of the agency prior to the confirmation of Trump’s permanent pick, Terrance Cole.
Bailey revealed in an X-post about his interview with Maltz that “Chinese marijuana growing operations use hazardous chemicals as pesticides.”
Bailey was praised by U.S. Rep. Mike Garcia in 2022 for working with his office and bringing attention to illegal grow operations within his district. This led to an investigation conducted locally.
Bailey thanked the congressman for his work, saying, “Your work in taking out the illegal marijuana plants has prevented cartels from exploitation of your community, people forced into work on them and those who are forced to be attracted by the. [money].”
In an interview with Fox News’s Sean Hannity in 2021, she also talked about her work with Garcia—including accompanying him on a helicopter to survey “miles and miles and miles of vast, sophisticated illegal grows worth tens of millions of dollars.”
The cartels have become “extremely brazen”. “They’re not ashamed of it,” said she. She said, “They’re not afraid of hiding it because they feel they won’t be held responsible for it.”
Bailey seems to have implied at various times that she is in favor of controlled access to cannabis to promote public health and safety. We’ll have to wait and see if this implied position influences federal policy if the ONDCP director is confirmed.
On her social media, she’s previously shared links—without commentary—to news stories about a variety of marijuana-related issues. In addition to her focus on illicit cartel grows, she’s also posted about congressional and state-level legalization votes, staffers in the Biden administration being fired over past cannabis use, Democratic presidential candidates’ support for legalization, the advancement of cannabis banking legislation in Congress and state policy developments such as Alaska’s legalization of cannabis cafes.