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.

Lynn Gallagher

DOH faces questions over med pot program shortcomings

TAOS — Medical cannabis patients, producers and advocates met with a legislative committee Monday afternoon to discuss issues New Mexico’s medical marijuana program. About 50 people gathered in the Taos County Commission Chambers for a Legislative Health & Human Services Committee for an opportunity to hear from New Mexico Department of Health Secretary-Designate Lynn Gallagher regarding patient card wait times, provider plant limits and organizational issues within the department. Gallagher defended the program, which has been under fire for long wait times for medical cannabis cards, and told legislators her department was making progress in improving the medical cannabis program by increasing plant limits and how much marijuana patients can possess. “We’re not perfect but we are moving in a forward, positive direction,” Gallagher told lawmakers. The entire committee meeting lasted more than five hours and only covered medical marijuana, but in the last hour, lawmakers asked pointed questions about the program and Gallagher’s plans for the future.

Report: Santa Fe cops still arresting for pot possession

Despite a city ordinance that calls for the decriminalization of small amounts of marijuana, Santa Fe police officers are still arresting people and sending them to jail for possession. That’s according to a review by the Santa Fe Reporter, nearly two years after the city council passed the ordinance and 15 months after the ordinance was implemented. The officers are instead using the state law, which still calls for arrests and jail time, to make the arrests. The decriminalization calls for possession of one ounce or less of marijuana to be punishable by a $25 fine; the state law, however calls for up to a $100 fine for a first-time offender and up to 15 days in jail. A second offense, again for one ounce or less, could cost the offender $1,000 and up to one year in jail.

DOH skips discussion on medical pot program

The state Department of Health was in the hot seat at an interim legislative committee meeting—despite the fact no one from the department was actually in the room. The interim Disabilities Concerns Subcommittee met with a number of people involved with the state’s medical cannabis program. The topic of discussion was the renewal and issuance of patient cards. No representative from DOH showed up, even though the department oversees the program. The committee’s vice chair, Sen. Nancy Rodriguez, D-Santa Fe, expressed her concern that DOH was unable to send anyone to speak about the delays many patients are seeing when applying for medical cannabis cards.

Prominent Republican backs recreational pot, but will party?

Darren White’s view on marijuana changed drastically in the past two decades. Nearly 20 years ago, he resigned from then-Gov. Gary Johnson’s administration after Johnson backed marijuana legalization. Now, White not only backs Johnson, he’s come around to Johnson’s point of view on marijuana legalization (with some caveats). Related: See why White is backing Johnson for president

White isn’t alone among Republicans (yes, White remains a Republican despite backing the Libertarian Party nominee for president). A recently-released poll by YouGov found that a narrow plurality of Republicans back marijuana legalization: 45 percent to 42 percent.

DOH gets warned about medical pot delays

State Auditor Tim Keller wants answers from the state Department of Health for delays in the processing of cards for medical cannabis program patients. In a letter to DOH Secretary-designate Lynn Gallagher sent yesterday, Keller writes that that his office will audit the department’s compliance with the legally-required 30-day waiting period for processing applications of new and returning medical cannabis patients. Patients are required to renew their cards every year. As NM Political Report and other news outlets have recently reported, thousands of patients are waiting as much as two or three times the required time period to receive their card, despite a state statute requiring the department to process applications in no longer than 30 days. Patients waiting in the limbo period aren’t legally allowed to buy cannabis, even if they were members of the program and have been prescribed cannabis by their doctors.

Medical pot patients wait for weeks past deadline for approval

Jason Barker has been a medical cannabis patient in New Mexico for the past year and a half. His qualifications for the state program amount to his complex posttraumatic stress disorder diagnoses, a condition he said developed after being molested as a child, dealing with physical abuse as an adult and working as an EMT in South Carolina. When his PTSD symptoms get bad, Barker said he usually avoids the outside world “because things become that hard to deal with.”

Related: DOH gets warned about medical marijuana delays

This happened earlier this year when the state Department of Health, which administers the program, delayed Barker’s renewal in the program for 58 days total and 28 days after its expiration. State law requires each medical cannabis patient renew their cards every year, though that waiting period is supposed to last one month at most. The waiting time made Barker unable to legally purchase cannabis, putting him in what he called “a legal grey area.”

During the time Barker didn’t have access to cannabis, his PTSD symptoms kicked back into gear.

Auditor raises concerns about med pot audits

The New Mexico State Auditor’s Office called on two state agencies to look into a medical cannabis executive director who is accused of a conflict of interest related to audits. In letters to the Department of Health and the Public Accountancy Board, a group within the state’s Regulation and Licensing Department that oversees public accountants, the state Auditor’s office expressed concern that Vivian Moore, a certified public accountant, may have created a conflict of interest by conducting independent audits of medical cannabis producers. This is because Moore also is the executive director of Doña Ana County-based Mother Earth Herbs, Inc.

Mother Earth Herbs, Inc. is a medical marijuana distributor licensed by the state. The letters came from Special Investigations Director Kevin Sourisseau. Sourisseau wrote that his office was made aware of “independence issues” concerning Moore and the audits she has allegedly performed for other producers.

Marijuana

NM health provider at center of push to change federal pot policy

A New Mexico health provider and cannabis advocate is at the forefront of the possible massive change to how marijuana is treated in the United States. Bryan Krumm, a nurse practitioner and director of Harmony Psychiatric, filed a petition in 2009 to have cannabis taken off Schedule I of the Controlled Substances Act. Substances in Schedule I are considered to be the most dangerous, have no medical use and have a high potential for abuse. Krumm’s is one of three pending petitions. Earlier this month, the Drug Enforcement Administration sent a letter to the U.S. Senate indicating a decision on marijuana will be made sometime this summer.

NM marijuana industry generous in political donations

Marijuana-related businesses and their executives donated at least $13,500 to House Majority Leader Nate Gentry, a report filed Sunday reveals. Of that, $10,000 came from Ultra Health LLC and its founder, Duke Rodriguez, a former Lovelace Medical Center executive. The Scottsdale, Ariz., based for-profit recently took over management of Santa Fe’s New Mexico Top Organics, according to Peter St. Cyr’s recent report in the Santa Fe Reporter. Gentry, an Albuquerque Republican, received $5,000 each from the company and Rodriguez.