A Democratic senator is holding up nearly 90 of President Donald Trump’s administrative nominees–including the president’s pick for White House drug czar who he says is among many “unqualified” candidates who threaten to “undermine the rule of law and our national security.”
The Senate Judiciary Committee in October advanced the nomination of Sara Carter Bailey to join the administration as director of the Office of National Drug Control Policy (ONDCP). But when she was included in a en bloc confirmation package of 88 nominees for floor consideration, Sen. Michael Bennet (D-CO) raised a procedural inquiry that led Republicans to stop the vote.
“I just blocked 88 Trump nominees from confirmation–including Sara Carter Bailey, a former Fox News contributor nominated to be our country’s drug czar,” Bennet said on the floor on Thursday. “Bailey was nominated by Trump, who just pardoned the former president of Honduras, as he served 45 years in prison for conspiring to distribute over 400 tons of cocaine.”
“I will not allow unqualified nominees, this White House, or the president to undermine the rule of law and our national security,” he said.
The procedural complaint Bennet raised has to do with the fact that ONDCP director is a “level I” executive position.
As such, unlike the other nominees in the package, Bailey was ineligible to be included in the group vote–which the Republican senator presiding over the body on Thursday acknowledged.
Bailey, for her part, has voiced support for medical cannabis, while stating that she doesn’t have a “problem” with legalization, even if she might not personally agree with the policy.
A former journalist known for her coverage of drug cartels, Bailey also recently advised senators that the administration is keeping “all options” on the table as it continues to consider a pending marijuana rescheduling proposal, while describing cannabis reform as a “bipartisan issue.”
Bennet isn’t the only senator to question the nominee’s qualifications. Ahead of the October committee vote, Sen. Dick Durbin (D-IL), the panel’s ranking member, called Bailey a Trump “loyalist” who was “nominated for a position for which she is totally, wholly unqualified.”
“She is not a physician or addiction specialist,” he said. “She has never been a prosecutor nor a law enforcement official.”
Given the role of the ONDCP director in setting and carrying out the administrative agenda on drug policy issues, the fact that Bailey has gone on the record enthusiastically endorsing medical cannabis in the past is welcome news for advocates.
Sen. Cory Booker (D-NJ) separately raised the issue of cannabis rescheduling with the nominee in September, stating that the proposal to move marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA) would represents a “step in the right direction.”
“It would open up the door to more scientific study, and so I’m wondering if you were confirmed, how would you advise the American president about the ongoing rescheduling process?” he asked.
Bailey said she shares Booker’s passion for the issue, which she characterized as “bipartisan.”
“If confirmed as director, I will comply with all federal laws and fulfill all statutory responsibilities of the ONDCP,” she said. She said that if she is confirmed as director, she will comply with all federal laws and fulfill the statutory responsibilities of the ONDCP. We will continue to do that and explore all options.”
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 comments, made in late August regarding the timeline for making a decision on a rescheduling, gave a more ambiguous perception of his position. Bailey has often spoken about marijuana policy She did, however, make a distinction in an episode of The Sara Carter Show last year between marijuana that is legally regulated and marijuana that is illicitly supplied. “I may not agree with that but I believe that using cannabis for medical purposes is an excellent way to manage–especially those who have cancer or other illnesses–the side effects and illnesses and their medication. She has also posted links to news articles about marijuana related issues on her social media without comment. 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.
Federal
dictates the drug czar is prohibited from endorsing the legalization of Schedule I drugs in the CSA, including marijuana.
“The Director…shall ensure that no Federal funds appropriated to the Office of National Drug Control Policy shall be expended for any study or contract relating to the legalization (for a medical use or any other use) of a substance listed in schedule I of section 812 of this title and take such actions as necessary to oppose any attempt to legalize the use of a substance (in any form) that– (A) is listed in schedule I of section 812 of this title; and (B) has not been approved for use for medical purposes by the Food and Drug Administration.”
In April, however, Democratic congressional lawmakers announced the filing of a bill that would remove that restriction. It has not yet advanced in the GOP-controlled Congress.
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.statute—
Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year.
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
to get access.
—Patreon supportersLast 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.
In an X post about the interview with Maltz, Bailey said he exposed how “Chinese marijuana grow operations are using hazardous chemicals as pesticides.”supporter on PatreonIn 2022, U.S. Rep. Mike Garcia (R-CA) applauded Bailey, who worked with his office to bring attention to illicit grow operations in his district, leading to a local law enforcement investigation.
Bailey gave the congressman credit, saying “your work in taking down the illegal marijuana grows has stopped cartels from exploiting your community, those people forced to work on them and the
.”
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.”
Cartels have “become extremely more brazen. She said that cartels are not afraid to hide their activities. They don’t conceal it because they feel they won’t be held accountable.” It is unclear how this implied position will affect federal policy if Bailey is confirmed as director of the ONDCP. She has shared news articles about marijuana issues on her social media without comment. She has also shared links to news stories about marijuana-related issues on her social media, without comment.
