Medical cannabis producer files suit, says Expo NM violated their rights

A prominent medical cannabis producer in New Mexico filed a federal lawsuit against officials with the state agency that oversees the New Mexico State Fair and owns the fairgrounds. In the complaint filed Wednesday, New Mexico Top Organics-Ultra Health accused top staffers with Expo New Mexico along with the chair of the state fair board of violating the First and Fourteenth Amendments of the U.S. Constitution for barring the medical cannabis company from bringing cannabis-related materials to an educational booth later this year. Chairman of the New Mexico State Fair Commission Larry Kennedy, Expo New Mexico General Manager Dan Mourning and Concessions Department Director Raina Bingham are named as defendants in the case. The state fair officials, according to the lawsuit, “implicitly chilled” Ultra Health’s “clearly established rights to freedom of speech and expression.” New Mexico Expo officials, though, said they have the authority to implement their own rules and regulations.

Medical cannabis producers’ numbers don’t match reports

Keeping tabs on the amount of medical cannabis available throughout the state may seem straightforward, but a review of quarterly reports seem to show more cannabis available for sale than what was grown or produced. While the state’s Department of Health requires producers to accurately track every gram of cannabis—beginning with harvesting and ending with sales—reports from some producers appear to have glaring discrepancies. Through a review of quarterly reports, NM Political Report found that at least five medical cannabis producers who reported sales exceeding the amount of cannabis that they produced. Those five producers reported selling a combined 676,272 grams of cannabis between January and March, but should have only had a combined 475,028 grams available to sell during that period. This means more than 200,000 grams, or 44 pounds, of medical cannabis sold in New Mexico in three months with almost no accounting of where it came from.

Unclear how much state knows about wholesale medical marijuana sales

In New Mexico, lawmakers have debated acceptable uses of medical marijuana and some have questioned if cannabis producers are allowed to have enough medical cannabis to qualify as an “adequate supply” for patients. While politicians and medical cannabis advocates in Santa Fe argue over appropriate plant numbers, getting actual numbers from the agency that governs the program is difficult—despite the fact that producers are required to use specific software to track all transactions. Despite the plethora of debates and discussion, cannabis transaction data from the state is either unavailable or state employees do not know how to access it. In almost every legislative discussion about New Mexico’s Medical Cannabis Program, producers and patients sell their respective claims on how much medical cannabis should be available in the state. Depending on what day and who is speaking, the state could be in a shortage that amounts to a crisis or have such a glut of cannabis that producers have to unload product to each other.

House panel snubs out legal pot

Legal recreational marijuana won’t be coming to New Mexico anytime soon. The House Business and Industry Committee voted 9-1 on Monday to block a bill that would have legalized, taxed and regulated marijuana for adults over 21. The hearing lasted for more than two hours, but it became apparent during the debate that the measure would fail. The bill sponsor, Rep. Bill McCamley, D-Las Cruces, tried to persuade the committee by telling members that marijuana legalization in New Mexico is inevitable. “This is going to happen, whether it’s this year or 10 years from now,” McCamley said.

Pot proposal advances in House but faces uncertain future

Adults over 21 would be able to legally buy, possess and smoke marijuana under a bill that survived its first hearing Saturday in the state House of Representatives. The Consumer and Public Affairs Committee voted 3-1 to advance the bill without a recommendation. Sponsored by Rep. Bill McCamley, D-Mesilla Park, House Bill 89 moves ahead to the House Judiciary Committee. His proposal would tax and regulate recreational marijuana, as is done in eight other states, including neighboring Colorado. It would earmark 40 percent of taxes from cannabis sales for education and designate other proceeds to government programs.

But don’t spark up yet.

Lawmakers say legal pot could help boost state revenues

Two state legislators who will try to convince fellow lawmakers and the governor to legalize, tax and regulate marijuana for adults in New Mexico said Wednesday that they will stress the economic benefits of their idea. Sen. Gerald Ortiz y Pino, D-Albuquerque, described marijuana legalization as the best solution for the state’s ongoing budget problems.

Rep. Bill McCamley, D-Mesilla Park, said New Mexicans are spending millions of dollars on illegal marijuana, money that “goes to Mexican drug cartels.” Legalizing marijuana would keep that money — as well as what New Mexicans spend on legal cannabis in Colorado — in this state, McCamley said. Plus, he said, marijuana would generate new tax revenue. The pro-marijuana forces have more going for them than in previous years.

Cannabis patients, producers push for expansion of program

Eight years ago, Sean Gabaldon didn’t think too much about cancer. As a high school basketball coach he strived to be an example of health to the boys on his team. One day he went to urgent care because his body felt as if he had “done a bunch of sit ups.” After a series of scans that day, doctors diagnosed Gabaldon with stage-four Burkitt lymphoma, a rare form of cancer. Gabaldon never went back to work as a teacher and coach after that initial diagnosis. “It moved so quick, I literally went home for the weekend and never came back,” Gabaldon said.

Legalizing pot would benefit New Mexico

At age 18, I attended a party where police found tiny amounts of marijuana. Without funds for an attorney, I accepted “deferred probation.” It has followed me my entire life. I graduated from college, law, and graduate school, yet I had to endure a hearing to ascertain my fitness to practice. It also caused employment rejection. Later as assistant county attorney in El Paso and elected district attorney in Willacy County, Texas, I routinely dismissed pot cases.

With new leadership Dems aiming for marijuana legalization

With Democrats back in full control of the New Mexico legislature, marijuana policy reform will likely continue gaining traction in 2017. Rep. Bill McCamley, D-Mesilla Park, has sponsored his version of a legalization bill since 2015, only to see it die before a committee ever hears it. McCamley has vowed to continue introducing the legislation as to keep the discussion going, even with a governor who opposes marijuana legalization. “It’s not an academic exercise anymore,” McCamley said of legalization bills in the upcoming 2017 session. Gov. Susana Martinez, a former prosecutor, has long been a critic of marijuana legalization and said she would veto any measures to do so.

Obama commuted sentences of two New Mexicans this month

In his latest batch of commutations, Barack Obama commuted the sentence of someone with New Mexico ties arrested for a drug offense, the third time he’s done so in the last 13 months. Obama announced the commutations of sentences to 111 individuals Monday, bringing his total to 673 commutations, more than the last 10 presidents combined. This was Obama’s second big batch of commutations, largely for nonviolent drug offenses, this month. Earlier this month, Obama commuted the sentence of Jose Carlos Arras Jr. of Albuquerque. Arras was convicted in 2002 of transporting more than 200 pounds of marijuana with the intent to sell.