Medical cannabis patient asks judge to allow cannabis on house arrest

An Albuquerque-based attorney, who also serves in the state Senate, wants a judge to weigh-in on whether those on house arrest should have access to medical cannabis. 

The attorney and state lawmaker Jacob Candelaria, on behalf of his client Joe Montaño, filed a writ of mandamus, or a request for a ruling, in state district court, asking a judge to order Bernalillo County to allow those in custody to use medical cannabis if they are part of the state’s program. 

In his court filing, Candelaria argued that Montaño has a right to “adequate and reasonable medical care” while in custody. Candelaria also argued that state law says, “Medical Cannabis shall be considered the equivalent of the use of any other medication under the direction of a physician and shall not be considered to constitute the use of an illicit substance,” and therefore his client should be allowed access to his medical cannabis. 

According to New Mexico’s Lynn and Erin Compassionate Use Act, which was updated during last year’s legislative session, medical cannabis patients are protected—with some exceptions—from discrimination for using medical cannabis. When mentioning incarceration though, the law seems open to interpretation.    

“A person who is serving a period of probation or parole or who is in the custody or under the supervision of the state or a local government pending trial as part of a community supervision program shall not be penalized for conduct allowed under the Lynn and Erin Compassionate Use Act.” NM Stat § 26-2B-10

Sen. Jerry Ortiz y Pino, D-Albuquerque, sponsored the Senate bill that added sweeping changes to the state’s medical cannabis law. He previously told NM Political Report that the custody provision was aimed at those in pretrial services or those on probation or parole, and Gov. Michelle Lujan Grisham’s office agreed. 

Now Candelaria, who is also a medical cannabis patient, is challenging that thinking with the financial help of one of New Mexico’s more prominent medical cannabis producers, which is led by one of the state’s Medical Cannabis Program’s most vocal critics.

Shifting, filling legislative spots before session starts

A legislative appointment from the Bernalillo County Commission Tuesday marked the last vacancy to be filled before the upcoming legislative session. County commissioners voted unanimously to appoint Democrat Marian Matthews to fill a vacant spot left by Democrat Rep. William Pratt after he died last month. 

Matthews, a former prosecutor and college educator, announced late last year that she planned to run for Pratt’s seat since Pratt announced he would not run for election. Pratt himself was appointed to the seat after former Rep. Larry Larrañaga died in 2018. Pratt then won the general election that November. Matthews told commissioners she would like to address Albuquerque’s crime rate. 

The special meeting was the first for newly appointed commissioner James Collie, a Democrat who was sworn in just before the meeting started.

Judge finds state senator guilty of DWI, reckless driving

A district judge found state Sen. Richard Martinez guilty of driving while intoxicated and reckless driving on Tuesday. 

This past summer, Martinez, D-Española, was driving when he hit the car of a couple waiting at a stoplight in Española. After the state senator was taken to a hospital, police arrested him for DWI and reckless driving. 

The ruling on Tuesday came at the end of a two-day bench trial where Martinez’s lawyer, David Foster, argued that the arresting officer didn’t follow protocols for field sobriety tests and that signs of impairment by Martinez could have been from a head injury sustained in the crash. 

During their closing arguments, prosecutors from the Attorney General’s Office argued that police lapel camera footage showed Martinez struggling with the sobriety tests and admitting that he had at least two alcoholic drinks that night. 

In that footage Martinez was inconsistent on how much he had to drink and about the type of drinks he had. Martinez refused any sort of breath test, and replied, “I can’t believe you’re doing this to me,” when the officer asked for his consent. Prosecutors argued that comment was a “consciousness of guilt.” 

“No one is above the law, not even a senator, not even this defendant,” one prosecutor told the judge. 

In his closing arguments, Foster criticized police for not following protocol and for inconsistencies in their reports. 

“How can you believe anything [the arresting officer] is saying?” Foster asked. 

He also criticized prosecutors for pointing out a dark spot on Martinez’s shorts that can barely be seen in the police footage. During the first day of trial, prosecutors argued that the dark spot was urine and a sign that Martinez was too intoxicated to drive a car.

Protections for cannabis patients don’t extend to those on house arrest

Next month, the New Mexico Legislature is expected to consider legalizing recreational use cannabis. But many medical cannabis patients and patient advocates believe the state should solve problems with the state’s Medical Cannabis Program first. 

Many in the medical cannabis community have publicly expressed concerns about producer plant limits, social inequalities within the program and testing standards. But beyond those issues is the legal question of whether or not those who are incarcerated should be allowed to use medical cannabis with a medical professional’s recommendation. 

This year, New Mexico passed a sweeping bill that added protections for patients from getting fired or losing custody of their children to the state just for being a medical cannabis card holder. The new law also allows those in pretrial custody and those on probation or parole to use medical cannabis. Prior to the law passing, it was often left up to judges or probation and parole officers to make that decision.

Long-time incumbent and political newcomer emerge as winners in two ABQ council races

Two divisive Albuquerque city council district races were decided in a runoff election Tuesday night. Incumbent City Councilor Isaac Benton won his race in District 2, which includes the downtown and historic Barelas neighborhoods. Political newcomer Brook Bassan won her race against Ane Romero, who has never held a political office before, but ran for a state House seat in 2016. 

Benton told NM Political Report that his win shows that his constituency knows he’s not in it for the fame or fortune of the city council. “I’ve always just wanted to serve and I think quite a few people recognize that,” Benton said. 

Leading up to the election last month where Benton won the most votes, but failed to get more than 50 percent, accusations of dishonesty came from both sides. But it was a mailer from political group who supported Benton that caused the most controversy and division.

State job opportunities limited for medical cannabis patients

Earlier this year, New Mexico legislators and Gov. Michelle Lujan Grisham overhauled the state’s medical cannabis statute. Updates to the law ranged from relatively simple definition changes to more significant changes like allowing consumption areas for cannabis patients. 

But the parts of the law that are supposed to protect patients from losing their jobs solely for being a patient in the program may also be hindering the nearly 79,000 cannabis patients in New Mexico from getting a job with the state. That’s because the law also protects employers by giving them enough autonomy to fire or not hire a cannabis patient for safety concerns or if the employer could lose federal funding for hiring a cannabis user. 

Jason Barker is a medical cannabis patient advocate and a patient himself. He said he started looking at job descriptions after the state announced a three-day “rapid hire event”scheduled for next week and aimed at hiring hundreds of new employees. But, Barker said, many of the jobs he’s qualified for are considered safety sensitive, which would require a pre-employment drug test.

NM leaves med. cannabis security specifics up to producers

On a Sunday afternoon over Labor Day weekend, a masked man, armed with a gun, burst through the doors of an Albuquerque medical cannabis dispensary. About two minutes later, he walked back out the door, with an estimated $5,000 worth of cannabis products. In that time, the man hopped over a glass display case and corralled employees and at least one patient into one spot while he emptied a large jar of cannabis—and seconds later cannabis concentrates from the display case—into a bag. After he left, the man got into a car waiting in the back and sped off. All of it was caught on security cameras.  

In body camera footage from the Albuquerque Police Department, one of the employees can be heard recounting what the man said. 

“He asked if we had families and he was like, ‘Then you understand why I have to do this,’” the employee said.

Letters could foreshadow future debates over crime prevention, budgets

The months leading up to legislative sessions are often marked by state agencies presenting progress reports to lawmakers. Crime in the Albuquerque area has been a frequent subject to come up when talking about spending. But those conversations are usually devoted to the road ahead and not to picking apart past budgets. 

But in a letter sent last month, the state’s speaker of the House and a top financial leader in the House asked the Bernalillo County district attorney for an informal audit of millions of dollars appropriated to his office two years ago. In return, the district attorney offered a private meeting with a legislative panel to go over how money is being spent. The written exchanges hint at further budget scrutiny from lawmakers, and also a potential rift between some House and Senate Democrats. 

Progress report

On October 17, New Mexico Speaker of the House Brian Egolf and House Appropriations Chair and Legislative Finance Co-chair Patricia Lundstrom, both Democrats, co-authored a letter to 2nd Judicial District Attorney Raul Torrez about an upcoming interim meeting with the Legislative Finance Committee.

Who’s the threat? Hundreds of special ed students ID’d as potential threats

ALBUQUERQUE – Jamari Nelson likes action figures and video games – the “usual kid stuff,” as the 7-year-old put it. One of his favorite activities is making slime out of glue, laundry detergent, and other household chemicals. The kitchen cabinet is stocked with plastic baggies of his multicolored goop. “I sort of really recommend this one for stress and stuff,” he said, showing off a mustard-yellow slime the consistency of Silly Putty. He likes squeezing it, feeling it ooze between his fingers, stretching it until it becomes so thin that it melts.

A look at ABQ city council candidates

Saturday marks the start of expanded early voting in Albuquerque’s city council election. 

NM Political Report reached out to all of the candidates listed on the city clerk’s website and asked them all the same questions. Their answers were submitted over email and every candidate had about 48 hours to respond. 

District 2

District 2 is the most crowded of the four council races. Incumbent Isaac Benton is defending his seat against five other candidates. The district includes all of downtown, the historic Barelas and Martinez Town neighborhoods and creeps north almost to Los Ranchos de Albuquerque.  

Isaac Benton 

Name: Isaac Benton

Occupation: Full-time City Councilor, retired architect 

What should be the council’s number one priority for the city as a whole? Reducing crime should continue to be our top priority.  Today, we are rebuilding APD and for the first time in six years we have more than 1,000 officers, with 200 more slated by 2021.