State agencies confirm medical cannabis purchase limits will not increase anytime soon

Two New Mexico state agencies confirmed on Wednesday in a letter that medical cannabis purchase limits will not increase, as it was previously suggested last month by a group of medical cannabis producers. 

Related: NM medical cannabis patients should not expect increased purchase limits any time soon

In an official response to the group of five medical cannabis producers, New Mexico Department of Health Secretary Tracie Collins and state Regulation and Licensing Department Superintendent Linda Trujillo wrote that until commercial cannabis sales begin next year medical cannabis patients’ purchases will be limited to roughly eight ounces of cannabis in a rolling 90-day period. The Medical Cannabis Program, which is currently overseen by DOH, limits purchases to 230 units in 90-days. The program defines a unit as one gram of dried, smokable cannabis or 0.2 grams of cannabis concentrates or derivatives. 

Even after commercial cannabis sales start, Collins and Trujillo wrote, medical cannabis purchases will be constrained, but patients could still opt to buy more cannabis through commercial sales. 

“Until such time as commercial cannabis activity is permitted by the Cannabis Control Division, qualified patients will remain limited to medical purchases made pursuant to the [Lynn and Erin Compassionate Use Act], i.e., purchases in quantities that are within the 90-day adequate supply purchase limit, as specified in Section 6(K) of the [Cannabis Regulation Act],” the two wrote. 

The section of the Cannabis Regulation Act the two department heads referred to states that medical cannabis producers “shall continue to operate under rules promulgated” by DOH until RLD issues new rules. But Collins and Trujillo also said they soon plan to announce proposed rule changes for producers that could include production limits for both medical and recreational-use cannabis. 

“That rulemaking will include revisions to existing producer plant limits, although the content of the proposed rules has not yet been determined. 

Interpretation of the law

Collins and Trujillo wrote the letter in response to a letter from medical cannabis producers Ultra Health, G&G Genetics, Budding Hope, Kure and Sacred Garden, which was sent on April 14. 

The group of producers argued that on June 29, when the Cannabis Regulation Act goes into effect, medical cannabis patients should be allowed to purchase two ounces of dried cannabis, 16 grams of extract and 0.8 grams of edible cannabis at a time, as the new law states. 

With no limit on the number of purchases in a day, a patient could purchase double the amount that is allowed under the current law in a matter of eight trips to a dispensary. So, the producers reasoned, the state should consider an increase in production limits as soon as possible.

Existing cannabis producers get an extension on licensing deadline

New Mexico medical cannabis producers that intend to continue doing business after commercial cannabis sales begin next year will not be required to renew their license this summer, according to state officials. 

The state’s Department of Health and the Regulation and Licensing Department said in a letter that current medical cannabis producers can forgo the relicensing process that normally takes place during the summer months and wait to submit a request for licensure through Regulation and Licensing. 

The grace period for current producers is part of a transition of cannabis sales oversight. Since the inception of the state’s Medical Cannabis Program almost 15 years ago, the program has been run by DOH. But after June 29 nearly all aspects of cannabis sales, both recreational and medical use, will be overseen by RLD, with the exceptions of medical cannabis patient registry and medical cannabis patient purchase limits.  

Medical Cannabis Program Director Dominick Zurlo said in a statement that the grace period is aimed at saving current producers time and energy. 

“It makes the most sense to spare the Medical Cannabis Program’s licensed non-profit producers to not have to renew their non-profit renewal paperwork when in the weeks and months ahead, they have to prepare and submit their required administrative paperwork to be licensed to sell cannabis to the general public,” Zurlo said. 

The newly established Cannabis Control Division, under RLD, is required by statute to set up an advisory board that will have a role in promulgating rules and regulations for cannabis sales no later than Sept. 1 of this year. The Cannabis Control Division must also promulgate those rules and regulations by Sept.

NM medical cannabis patients should not expect increased purchase limits any time soon

The head of the department tasked with regulating recreational-use cannabis in New Mexico said medical cannabis patients should not expect purchase limits to be expanded, despite a letter from a group of New Mexico medical cannabis producers suggesting otherwise.  

Last week, during an interview for the collaborative podcast Growing Forward, New Mexico Regulation and Licensing Department Superintendent Linda Trujillo said until commercial cannabis sales begin next April, medical cannabis patients will still be limited to 230 units in a rolling 90-day period. The Medical Cannabis Program, overseen by the state’s Department of Health, defines a unit as one gram of smokable cannabis, or 0.2 grams of THC in extracts, derivatives or edible cannabis products. Representatives of both DOH and RLD confirmed that both agencies agree that medical cannabis purchase limits will continue to be determined by DOH. The Cannabis Regulation Act also seems to confirm that even after commercial cannabis sales start next year, medical cannabis purchase limits will be determined by the DOH. 

Earlier this month a group of five medical cannabis producers sent a letter to RLD and DOH, essentially arguing for an increase in production limits. The Cannabis Regulation Act, which goes into effect on June 29, will limit recreational-use cannabis purchases to two ounces at a time, but will not limit the number of purchases that can be made.

Gov. Lujan Grisham: NM can lead the way in cannabis innovation

Recreational-use cannabis sales are a year away in New Mexico, but Gov. Michelle Lujan Grisham is already considering ways for the state to lead the market in innovation. 

One idea, which she said she co-opted from her communications director, is some sort of fusion of cannabis and chile. 

“It is the kind of thing that would be iconic for a state like this,” Lujan Grisham said. “And there’s so many places where we really can lead the country and the world in incredible new ways to utilize and use cannabis.”

Growing Forward, the collaborative podcast between NM Political Report and New Mexico PBS, spoke with New Mexico Governor Michelle Lujan Grisham on Thursday about adult-use cannabis in New Mexico and some of the specifics that go along with its legalization. 

The Cannabis Regulation Act, which Lujan Grisham signed earlier this month, won’t go into effect until June 29 and sales won’t start until April 2022. But the state’s Regulation and Licensing Department, which will oversee cannabis regulation, is already putting together an advisory committee and gearing up to start the licensing process this fall. 

Lujan Grisham said her role during the implementation process will be to “keep this moving” to make sure the state hits its deadlines.   

“My job is going to be to make sure that they stay on task, on track.” Lujan Grisham said. “That if there are problems that we didn’t identify early on that are raised as a result, that I find vehicles to solve those problems.”

RLD already called for applicants for the Cannabis Regulatory Advisory Committee, which, by statute, must be established by September. One of the qualifications to be on that committee is to not be associated with an existing business in the medical cannabis industry.

Medical cannabis producers call for increased plant limits

Just days after New Mexico Gov. Michelle Lujan Grisham signed a recreational-use cannabis bill into law and less than 90 days before the law goes into effect, some in the existing medical cannabis industry want state officials to immediately increase the amount of cannabis they can grow. 

A group of five New Mexico medical cannabis producers sent a letter with their concerns about the rollout of recreational-use cannabis to the heads of the state’s Regulation and Licensing Department and the state’s Department of Health. The letter from the medical cannabis producers said that even after the law goes into effect, a lack of new promulgated rules could result in increased medical sales, which, the producers argued, could also mean a shortage of medical cannabis for existing patients. 

“Therefore, the undersigned producers request that DOH and RLD raise the plant limitation until the full commercial market can be phased in,” the letter reads. The group of producers calling for an increase in allowed plants include Ultra Health, which has long called for an increase in medical cannabis production limits or no limits at all, and Sacred Garden, which is currently involved in a legal battle with the state over gross receipts taxes on medical cannabis. The other three producers who signed onto the letter are G&G Genetics, Budding Hope and Kure. 

The Department of Health oversees the current Medical Cannabis Program. Regulation and Licensing will oversee all but the medical cannabis patient registry after the law goes into effect on June 29. 

In their letter, the producers reasoned that after June 29, existing Department of Health rules for purchase limits will be invalid.

Governor signs cannabis legalization into law

New Mexico Gov. Michelle Lujan Grisham on Monday signed two bills that, together, legalize the use and possession of cannabis and expunge previous cannabis related criminal records. 

“This legislation is a major, major step forward for our state,” Gov. Michelle Lujan Grisham said in a statement. “Legalized adult-use cannabis is going to change the way we think about New Mexico for the better – our workforce, our economy, our future. We’re ready to break new ground. We’re ready to invest in ourselves and the limitless potential of New Mexicans. And we’re ready to get to work in making this industry a successful one.”  

The New Mexico Legislature passed HB 2 and SB 2 last month during a special session.

House cannabis legalization bill passes two committees, heads to the floor

A cannabis legalization bill passed two committees, one on Tuesday afternoon and the other during the early hours of Wednesday morning. It’s slated for a floor debate next 

HB 2, sponsored by Rep. Javier Martínez, D-Albuquerque, and Rep. Andrea Romero, D-Santa Fe, along with three other lawmakers, first passed the House Taxation and Revenue Committee Tuesday evening on a 8-4 vote. Then the bill passed the House Judiciary Committee early Tuesday morning by a 7-4 vote. Both votes were along party lines, with no Republicans voting for the bill and all Democrats voting in favor. 

HB 2 is an altered version of a previous bill Martínez and Romero sponsored during the regular 60-day session and much of the debate and comments were also similar. 

During the first hearing, Martínez took a moment to point out that this proposal has been in the works for years and has seen hours of debate.    

“The bill before you, Madam Chairman, members of the committee, has been written and rewritten and amended and subbed out for many, many years,” said during the tax committee debate. 

One of the more significant changes made since the regular session is a compromise of sorts on plant limits for cannabis producers. Originally, the bill proposed during the regular session specifically barred the state from implementing production limits.

House-backed cannabis legalization bill heads to Senate Floor

After a series of successful and attempted amendments and three hours of debate, a House-backed legalization effort passed its last Senate committee by a 5-4 vote and is now headed to the chamber’s floor. 

The Senate Judiciary Committee debate started Wednesday night and ended early Thursday morning, though Chairman Joseph Cervantes, D-Las Cruces, reiterated his belief that HB 12 was still not ready for the Senate floor. 

HB 12, sponsored by Rep. Javier Martínez, D-Albuquerque, and Rep. Andrea Romero, D-Santa Fe, went through a number of changes that include prohibiting cannabis producers from stacking licenses, an adjustment to how production is monitored and limited, a prohibition on cannabis producers testing their own products for potency and contaminants, and a change to how the cannabis excise tax would be structured.  

But even after an extensive debate and detailed amendments, Cervantes said the bill was riddled with errors and ambiguity. 

After Cervantes went through each section and pointed out numerous instances that he said would be problematic, Romero said she and Martínez would be willing to go through them and make changes during the meeting. But Cervantes said making those changes would take too long. 

“There are a number of things in the bill that should be of great concern to you that, frankly in many cases, are just contrary to law,” Cervantes said. Cervantes voted, along with the three Republican committee members, against the measure 

Sen. Mark Moores, R-Albuquerque, who sponsored a legalization attempt in 2019 agreed that the bill was not ready and called the current version “half-baked.” Moores criticized proponents of the bill for not working with him to come up with an agreeable bill. 

“My phone has been silent from the advocates on this for three years now,” Moores said. “It doesn’t seem like they wanted to get it right and there were agendas there.” 

Senate Minority Floor Leader Greg Baca, R-Belen, praised the committee for meticulously going through the bill, but said there were still “glaring issues.”

Sen. Cliff Pirtle, R-Roswell, did not offer any comments on the final bill that passed the committee, but he also sponsored a legalization bill this year. His bill, though, would still need to pass another Senate committee and the Senate floor before going through the process again in the House.

Senate Judiciary Chair awaiting changes to cannabis legalization bill

The chairman of a New Mexico Senate committee that is key to getting a House-backed cannabis legalization effort to the Senate floor said he is still waiting on expected changes before scheduling a hearing. 

Senate Judiciary Committee Chair Joseph Cervantes said he was told by Senate leadership that HB 12, a bill sponsored by Rep. Javier Martínez, D-Albuquerque, and Rep. Andrea Romero, D-Santa Fe, was undergoing changes before its final committee before the Senate floor. 

“I haven’t even heard from the bill sponsor,” Cervantes, a Democrat from Las Cruces, said. “My understanding is there’s a Senate Judiciary Committee sub that is in the works. That’s the only thing I’ve been told.”

A spokesman for the Senate Democratic leadership confirmed that Cervantes was indeed told there are changes being made to the bill. 

Martínez did not respond to an inquiry about what parts of his bill are being changed. And while legalization proponents may be anxiously wondering if there is still enough time in the last days of the session to get a cannabis legalization bill to the governor’s desk before the session ends on Saturday at noon, Cervantes said the bigger concern should be whether changes to the bill will be approved by the Judiciary Committee. 

“The issue will be the caliber of the bill as it gets amended,” Cervantes said. “The bill in its present form is not ready to become a law.”

Cervantes did not specify which parts of the bill he thinks should be changed or how.

Senate committee signals House cannabis legalization effort as the likely preferred option

Even after a nearly four hour Senate committee meeting on Saturday, none of the four cannabis legalization bills the panel discussed advanced. But with encouragement from the Senate majority leader and the committee’s chair, the sponsors said they work to come up with a unified approach before another meeting next week. 

It seems likely, based on comments from some committee members, that none of the Senate proposals will advance out of committee, but that portions of them will be incorporated into a House bill that has already advanced to the Senate. 

Senate Tax, Business and Transportation Committee Chair Benny Shendo, D-Jemez Pueblo announced at the beginning of the meeting that the committee would not take action on any of the bills. Instead, the committee heard public testimony and examined the differences between the bills. And in a somewhat unorthodox procedure, the committee discussed HB 12, which has not yet been assigned to any Senate committees. HB 12, sponsored by Democratic Reps.