Possession of small amounts of cannabis is no longer a criminal offense under Albuquerque city code. Albuquerque Mayor Tim Keller signed city council legislation Thursday making cannabis possession a civil infraction. City councilors approved the measure earlier this month on a 5-4 vote. In a statement, Keller said the new ordinance will allow city police officers to focus on combating other crimes. “We’re facing real challenges in Albuquerque and this is a step in the right direction to allow our officers the flexibility to better prioritize their time tackling violent crime and property crime in our city,” Keller said.
Cannabis legislation was not a complete loss for Gov. Michelle Lujan Grisham during this year’s legislative session, but it was far from a complete win. Despite almost a year of work from a group assembled by Lujan Grisham to come up with proposed legislation for cannabis legalization, the proposal she backed failed early on in the session. The only Lujan Grisham-backed proposal that made it to her desk is a bill that would limit enrollment in the state’s Medical Cannabis Program to New Mexico residents.
During a press conference after the Legislature adjourned on Thursday, Lujan Grisham said she will keep pushing for a safe and comprehensive legalization measure, even if it means changing the state constitution. New Mexico law does not allow for voter initiatives, which is how most states, including Colorado, legalized cannabis. The only way to change law through an election question is to propose a constitutional amendment, and Lujan Grisham said that’s not off the table.
“I’m open to any number of pathways,” Lujan Grisham told reporters.
New Mexicans only
SB 139, sponsored by Sen. Jerry Ortiz y Pino, D-Albuquerque, was promoted as a fix to legislation that was passed into law last year.
A bill that would limit enrollment in the state’s medical cannabis program to New Mexico residents passed the House and is on its way to the governor’s desk.
SB 139, sponsored by Sen. Jerry Ortiz y Pino, D-Albuquerque would change the definition in the states medical cannabis law to specify that a qualified medical cannabis patient must be a resident of New Mexico. The House passed the bill on a 44-19 vote.
As the bill has made its rounds in committee hearings, New Mexico’s Health Secretary Kathyleen Kunkel repeatedly stressed her fear that the federal government may try and interfere with the states Medical Cannabis Program if the bill is not signed into law.
Rep. Debbie Armstrong, D-Albuquerque, presented the bill for Ortiz y Pino and fielded questions from her colleagues.
Rep. Rod Montoya, R-Aztec, questioned how the Department of Health, which oversees the Medical Cannabis Program, defines what a resident is.
Armstrong, aided by Kunkel, said the department will accept various documents to prove a potential patient lives or plans to live in New Mexico.
Montoya ultimately voted against the bill.
Rep. Zack Cook, R-Ruidoso, who was the sole dissenting vote on the bill in a committee hours earlier, also voted against the bill. He dismissed Kunkel’s concerns about the U.S. Department of Justice.
“We don’t know that the feds are going to do anything,” Cook said, echoing his statements from earlier in the morning.
Regardless, the bill received bipartisan support. But, four Democrats voted against the bill despite Gov. Michelle Lujan Grisham’s support.
The issue of who gets to enroll in the program goes back to last session when a bill that made sweeping changes to the state’s medical cannabis law also changed the definition of what a qualified patient from a “resident of New Mexico” to a “person.”
Arizona resident president and CEO of medical cannabis producer Ultra Health Duke Rodriguez, along with two Texas residents, successfully convinced a state judge that they should be eligible to enroll in the program. Lujan Grisham and the DOH took the issue to the state Court of Appeals where the issue is still pending.
A bill aimed at limiting who can enroll in the state’s Medical Cannabis Program was approved in committee Monday morning and now has one more stop before the governor’s desk.
The House Health and Human Services Committee passed SB 139 on a 6-1 vote.
Update: The legislation passed the full House on Monday afternoon. See the story here. The bill would change the law to allow only New Mexico residents who have a qualifying condition to get a medical cannabis patient card.
Though sponsored by Sen. Jerry Ortiz y Pino, D-Albuquerque, the committee’s chair Democratic Rep. Debbie Armstrong of Albuquerque presented the bill, with the help of Secretary of Health Kathyleen Kunkel as her expert witness.
Kunkel told the committee that a change in law last year that was aimed at forging a path to reciprocity, or allowing certified medical cannabis patients from other states to purchase and use cannabis in New Mexico, inadvertently resulted in about 600 out-of-state patients enrolled in New Mexico’s program.
Kunkel said it has been an “administrative burden” on the Department of Health since the state started allowing non-residents to enroll in the program. Plus, she said, she fears that the current law will attract unwanted attention from the U.S. Department of Justice.
“I am concerned that we are tempting the federal government to come in and interfere with our program,” Kunkel said.
All three Republicans on the committee raised questions and concerns, but ultimately the only dissenting vote came from Rep. Zach Cook, R-Ruidoso. Early on in the hearing, Kunkel said there is currently a resident of Mexico enrolled in the state’s Medical Cannabis Program because of the law change.
A Senate bill that would specify that only New Mexico residents are eligible to enroll in the state’s Medical Cannabis Program is headed to the House.
SB 139, sponsored by Sen. Jerry Ortiz y Pino, D-Albuquerque, passed the Senate floor Saturday night by a 32-8 vote. Ortiz y Pino told other Senate members that the bill is an attempt to “plug the hole” that was created in a bill he sponsored last year that was signed into law.
The bill he sponsored last year, among other changes to the state’s medical cannabis laws, removed the words “resident of New Mexico” from the definition of a qualified patient and replaced them with “person.” Shortly after the law was changed last year, Duke Rodriguez, the president and CEO of medical cannabis producer Ultra Health, along with two Texas residents, took the state to court after the three were denied medical cannabis patient cards. Rodriguez is an Arizona resident, but according to court documents owns a home and vehicle in New Mexico. Arizona has a medical cannabis program and Texas has a medical program with limited conditions and only allows cannabis with half a percent of THC—a psychoactive substance in cannabis.
After a state district judge ruled in favor of the three petitioners, Gov. Michelle Lujan Grisham’s office and the Department of Health took the issue to the Court of Appeals, where it remains pending.
Sen. Jeff Steinborn, D-Las Cruces, took issue with the bill and repeated some of the same concerns he brought up in a previous committee hearing. He told a story about a friend of his who suffered through cancer treatment and was unable to benefit from medical cannabis because he lived in Texas.
Very different visions for legalizing cannabis in New Mexico are a bit closer to becoming reality after legislative hearings on Saturday. A bill that would legalize recreational cannabis for adults over 21 and task the state with licensing retailers to sell the product is headed to a vote of the full House of Representatives after winning the approval of a key committee. Just a few hours later, a Senate committee backed a Republican-sponsored proposal to legalize cannabis and allow for sales from state-owned stores. It remains unclear whether the full Senate would approve either bill this year, making the campaign to legalize cannabis something of a long shot as the legislative session nears its end March 16. But with a new governor who has said she would sign a bill legalizing marijuana with the right provisions in place, both pieces of legislation have stirred a debate that was hypothetical a year ago.
Recreational marijuana would become legal for people 21 or older in New Mexico and the state could tax marijuana sold in licensed stores under a bill introduced Thursday by state Rep. Javier Martínez, D-Albuquerque. House Bill 356 would establish a licensing system that supporters say favors small businesses and institute a 9 percent tax on marijuana for buyers who are not patients in the state’s Medical Cannabis Program. The revenue would go for research and education as well as community grants for workforce training, substance misuse treatment, mental health treatment, and youth drug-education and prevention programs.
Cities and counties would be allowed to opt out of allowing retail marijuana sales. “It’s time to be smart about the war on drugs,” Martínez told The New Mexican in an interview last week. He called the decades-long state and federal anti-marijuana policies a failure.
New Mexico lawmakers injected a dose of political pressure Monday into an unwavering but so far unsuccessful effort to add opioid use disorder to the list of qualifying conditions for medical cannabis in New Mexico. State Sen. Jeff Steinborn and Rep. Joanne Ferrary, both Democrats from Las Cruces, held a news conference at the Roundhouse to bring attention to companion memorials they are sponsoring, calling on Department of Health Secretary Lynn Gallagher to allow people with opioid dependence to obtain medical marijuana to help them break the chains of their addiction. “It is past time that this secretary do this,” Steinborn said. “People are dying every day in the state of New Mexico from opioid abuse, and medical marijuana has proven to be a safer treatment for any underlying conditions and certainly, hopefully, to step people down from opioid addiction into something safer that won’t kill them.” Twice, the state Medical Cannabis Program’s advisory board has recommended medical marijuana be allowed as a treatment for opioid addiction.
In less than a week, Albuquerque voters will cast ballots for the next mayor and in some districts, city councilors. Most candidates have straightforward ideas on how to improve the city, but one candidate is keeping true to his campaign modus operandi by proposing an idea that other candidates won’t even consider. Gus Pedrotty, the youngest candidate for mayor this year, recently added city-level marijuana legalization to his platform. While the idea of legalization on a local level may be enticing for some voters, other candidates and at least one cannabis producer said the idea is too complicated to work. Earlier this month, Pedrotty released a campaign video promoting his ideas for improving the city’s clean energy industry and how to help pay for it.
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.
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.