Special session for cannabis legalization to start March 30

New Mexico Gov. Michelle Lujan Grisham announced on Friday that she will call the state Legislature back for a special session on Tuesday, March 30. 

The special session will start just ten days after the end of the state’s regular, 60-day session. At the end of the regular session, Lujan Grisham said that she would call legislators into a special session soon to finish the effort. The governor cited precautions in place because of COVID-19 as one reason why legislation ran out of time. According to a statement from the governor’s office, the session will focus on recreational-use cannabis legalization and economic development through the state’s Local Economic Development Act (LEDA). 

Lujan Grisham said in the statement that cannabis legalization and reforming economic development are important enough for the state to call a special session. 

“The unique circumstances of the session, with public health safeguards in place, in my view prevented the measures on my call from crossing the finish line,” Lujan Grisham said. “While I applaud the Legislature and staff for their incredible perseverance and productivity during the 60-day in the face of these challenges, we must and we will forge ahead and finish the job on these initiatives together for the good of the people and future of our great state.”

During special sessions, legislators can only discuss legislation that the governor puts on the call.

House passes cannabis legalization effort, sends it to the Senate

A House proposal to legalize and regulate cannabis passed the chamber on a 39-31 vote, with six Democrats breaking rank to vote against the measure. 

HB 12, sponsored by Democratic Reps. Javier Martínez of Albuquerque and Andrea Romero of Santa Fe, would fully legalize the sale and production of cannabis for adults, allow home cultivation and would expunge previous minor drug convictions. The bill would also implement an eight percent excise tax on the sale of cannabis and a local government tax up to four percent. Recreational-use cannabis would also be subject to gross receipts taxes, while medical-use cannabis would not. 

Martínez said the three major tenets of the bill are to protect New Mexico’s current medical-use cannabis program, ensure an equitable and just industry and to create a regulated industry that will thrive. 

Romero told her colleagues she shared the sentiments of her cosponsor and said cannabis has been used for various purposes for centuries, including in her own family.    

Rep. Derrick Lente, D-Sandia Pueblo explained why he opposed the bill. He raised concerns about how a fully-legalized cannabis program might impact tribal governments in the state.

Competing recreational cannabis bills introduced

Two state senators on opposite sides of the political aisle introduced competing bills Monday to legalize recreational marijuana in New Mexico. A third proposal, also filed Monday, is expected to be formally introduced Tuesday in the House of Representatives, and other bills could be forthcoming. The push to legalize cannabis for recreational adult use comes after previous efforts failed under a more conservative group of New Mexico lawmakers. It also comes as the state government seeks to diversify its revenue sources to reduce its heavy reliance on oil and gas. But the two senators who introduced the first cannabis legalization bills of this year’s 60-day legislative session, and the state director of the nonprofit Drug Policy Alliance, said generating revenue shouldn’t be the driving force.

COVID is pushing thousands of Chinese immigrant workers into the marijuana business—sometimes leading to exploitation and labor trafficking

MONTEREY PARK, Calif. — Irving Lin, a jovial entrepreneur in his late 60’s, wanted to share a once-in-a-lifetime opportunity, a near-miraculous way out of the economic devastation wrought on Southern California’s Chinese communities by the pandemic: the gift of marijuana. “We are making a fortune in Oklahoma, and you can too,” Lin, speaking in Mandarin, told a crowd of 30 potential investors gathered for a PowerPoint presentation at a Chinese cultural center on Dec. 5. The return on investment is as high as 1,200 percent, Lin explained eagerly.

Growing Forward: Who’s running things?

Today marks the release of the 4th episode of Growing Forward, a collaboration between NM Political Report and New Mexico PBS, thanks to a grant from the New Mexico Local News Fund. 

In today’s episode, we look at the business side of medical cannabis and talk to a couple of high-profile cannabis business owners. 

One of the most recognizable names in the state’s medical cannabis program is Darren White. 

White is a former law enforcement officer and the former head of public safety for both the City of Albuquerque and the state of New Mexico. He ended his time as Secretary of Public Safety under then-Republican Gov. Gary Johnson, after Johnson publicly said he was in favor of legalizing cannabis. 

At the time, White was staunchly opposed to legalizing cannabis and said he was even opposed to medical cannabis. But now White is the head of PurLife, one of the more prominent cannabis producers in the state. 

White told Growing Forward that he had an “eye-opening experience” after a friend suggested White try a cannabis topical to help combat chronic pain. 

“I was just wrong about it,” White said. “It really does help a lot of people and their quality of life.”

This week’s episode also explores how the state expanded the maximum number of plants producers can grow after a legal battle with another prominent producer. 

But this week’s episode also examines what it’s like to be a producer through the eyes of a female producer, in what seems to be a male-dominated industry. 

If you haven’t listened to the first three episodes, you can catch up below or search for Growing Forward at anchor.fm, Spotify, Apple Podcasts or wherever you usually get your podcasts. 

Growing Forward: The Dynamics of Legalization

In about two months some New Mexico lawmakers will begin to prefile bills ahead of next year’s legislative session, which starts in January. 

All issues are on the table for the upcoming 60-day session, but one topic that’s almost guaranteed to resurface in January is legalizing recreational-use cannabis. Since she took office in 2019, and even during her campaign before that, Gov. Michelle Lujan Grisham made a point to push for legalization. 

In the latest episode of Growing Forward, a collaborative podcast between NM Political Report and New Mexico PBS, we briefly take a look at the last attempt at legalization and why it failed. 

The proverbial nail in the coffin for the most recent attempt came from the highly critical Sen. Joseph Cervantes, D-Las Cruces. Cervantes criticized the bill for being too long and complex to fully vet in the last several days of this year’s 30-day session. 

Rep. Javier Martínez, D-Albuquerque, has been a point person, of sorts, for the past few years on legalization efforts. He said Cervantes’ criticism of the length of the bill is unfounded. 

“I’ve been in the legislature six years now and this is not the biggest bill I’ve seen by far,” Martínez said. 

Cervantes also criticised a provision that would allow those who have been convicted of low-level drug crimes to get involved in the potential legal cannabis industry. He rhetorically asked if Mexican drug kingpin Joaquín Guzmán, commonly known as El Chapo, would be able to get a license to produce and sell cannabis in New Mexico. 

Martínez told Growing Forward that he took offense to that question as Guzmán has a reputation for violence and the bill’s provision was specifically for non-violent offenders. 

“No, El Chapo would not have been able to get a cannabis license,” Martínez said.

NM Political Report, NMPBS launch Growing Forward

New Mexico Political Report is excited to announce the result of a months-long collaboration with New Mexico PBS: Growing Forward. 

Growing Forward is a new podcast about cannabis in New Mexico, thanks to a grant from the New Mexico Local News Fund. 

Reporter Andy Lyman and NMPBS correspondent Megan Kamerick have teamed up to produce ten episodes looking at the state’s current medical cannabis program, how it started and what New Mexicans could see in the near future in terms of legalization of recreational-use cannabis. 

You can hear episodes every Tuesday and the first one will be released on Sept. 22. Subscribe on your podcatcher of choice and check out the trailer below. 

Medical cannabis qualified patient bill heads to governor’s desk

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.

Egolf to recuse himself from process on cannabis bill

The New Mexico Speaker of the House announced Friday that he will remove himself from the legislative process if a Senate bill related to three of his clients makes it to the House. 

Speaker Brian Egolf, D-Santa Fe, issued a letter to the House clerk detailing his plan of action if SB 139, which would clarify that medical cannabis patients in the state must be New Mexico residents, makes it to the House. 

Egolf is an attorney outside of his role as Speaker. New Mexico does not have full-time legislators. The bill is a direct result of a pending court of appeals case between Egolf’s clients and the governor’s office. A bill that made sweeping changes to the state’s medical cannabis law last year included a change in who could become a New Mexico medical cannabis patient. Previously, the law defined a qualified patient as a “resident of New Mexico” who suffered from an approved qualifying condition.

Lower profile cannabis bills headed for floor debates

With eight days left in the legislative session, passing a cannabis legalization bill is looking more and more like a long-shot. But there are three other bills related to cannabis and hemp that have been moving through committee assignments, some with little to no debate or opposition. 

The two cannabis legalization bills have stalled so far in both legislative chambers. The Senate version passed its first committee and is scheduled to be heard Wednesday afternoon in its second. The House version of legalization has yet to be heard in its first committee. Both bills are politically divisive and will likely be subjected to hours of public testimony and legislative debate.