Election Day in New Mexico resulted in a slight expansion of the state’s Senate, and a very slightly reduced, but still large, House Democratic majority. But while New Mexico voters cast their votes on Tuesday, voters in neighboring Arizona voted overwhelmingly to legalize recreational-use cannabis, something the New Mexico Legislature has not been able to pull off, despite years of attempts.
Arizona may be at least a year away from seeing any significant tax revenue from legalized cannabis, but the proposition included an expungement provision and will allow medical cannabis dispensaries to start selling it for recreational-use by next spring, just as the New Mexico Legislature is set to wrap up their regular legislative session.
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Whether social and restorative justice or tax revenue is most important seems to be a matter of opinion among proponents and advocates. But most agree that it is imperative that New Mexico lawmakers legalize recreational-use cannabis next year if they want to achieve parity with the neighboring state to the west.
What’s at stake
In the past several years, legalization efforts have stalled in the Senate, which has been more consevative on many issues, including cannabis. Senate Majority Leader Peter Wirth of Santa Fe said he’s optimistic the Senate seats Democrats picked up on Election Day will help get a cannabis legalization bill to the governor’s desk.
“No question our landscape has changed internally in the Senate with seven new members and voters having spoken loudly and clearly,” Wirth said. “One of the issues that I’ve been very cognizant about is not losing the opportunity to move forward with recreational cannabis.
A group tasked with creating a proposal to legalize cannabis in New Mexico met for the second time to discuss specifics of licensing and regulation as well as how to maintain a medical cannabis program.
Gov. Michelle Lujan Grisham’s Working Group on Marijuana Legalization met for more than five hours on Wednesday and heard from a couple dozen members of the public.
This is for the naysayers
Pushes for cannabis legalization in the Legislature are nothing new. For years there have been attempts to legalize cannabis by changing the state constitution, as constitutional amendments do not require approval by the governor, and former Gov. Susana Martinez vocally opposed the idea. But the last legislative session showed increased signs of success for proponents. Two different bills, one that pushed for state-run stores and sponsored by Senate Republicans and another without a state-run store provision, saw increased support.
Rep. Javier Martinez, D-Albuquerque, sponsored a legalization bill in the House and he is now a member of the working group. Martinez said he thinks the group’s “cognitive diversity” will help convince lawmakers who are against legalization, but still open to the idea.
“I think that out of this process will emerge consensus across the board,” Martinez said.
Just days after Gov. Michelle Lujan Grisham signed broad changes to New Mexico’s medical cannabis into law, there are already questions surrounding whether inmates serving out sentences are allowed to use medical cannabis. Senate Bill 406, which the governor signed last week, included protections against job termination and loss of child custody for merely being a patient in the program. A lot of those protections are already in practice, but not written into law—like whether those on probation or parole can be medical cannabis patients. According to a written Department of Corrections policy, probationers or parolees with a valid medical cannabis card will get a pass of sorts for testing positive for the substance. Now, the law explicitly states that those on probation or parole are allowed to use medical cannabis.
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.
A proposal that would allow voters to weigh in on legalizing recreational marijuana passed its second test and will now advance to the Senate floor. The Senate Judiciary Committee voted 5-4 in favor of the proposed constitutional amendment on party lines, marking the first time marijuana legalization legislation has ever made it to the floor of either chamber in the New Mexico Legislature. Related Story: Marijuana legalization proposal dies on Senate floor
“The vote tonight made history because it’s never passed through two committees,” Emily Kaltenbach, executive director of Drug Policy Alliance New Mexico, said following the vote. “It’s a really important step and it shows just the momentum of the discussion and the will of the people have finally been listened to.”
The legislation passed the Senate Rules Committee earlier this week. When the legislation passed the Rules Committee in 2015, it was the first time such legislation had ever passed one committee.
A proposal to legalize marijuana advanced from the Senate Rules Committee Wednesday morning, in a fashion that even a key supporter found surprising. Related Story: Marijuana legalization passed a second committee for the first time ever
The Senate Rules Committee initially voted against a do-pass motion, which would send the proposed constitutional amendment to the Senate Judiciary Committee with a recommendation to pass. The vote was on party lines with Democrats in favor and Republicans against; there were an equal number of each in the committee Wednesday. Related Story: House says no to worker’s comp money going to medical pot
Sen. Jacob Candelaria, D-Albuquerque, then asked for a do-pass with no recommendation. Sen. Ted Barela, R-Estancia, joined all Democrats present and voted for the legislation.
The White House rolled out a new way of dealing with opioid addiction and prescription this week with the president appearing in Charleston, West Virginia on Wednesday to discuss the efforts. The move is the latest in an ambitious set of second-term moves by the President Barack Obama. As Huffington Post reported, it downplays abstinence in favor of medication-assisted treatment, in an effort to curb the growing epidemic of opioid addiction and overdoses nationwide. New Mexico has had a massive problem with opioid overdoses. A study by the New Mexico Department of Health released this summer found that overdose deaths in New Mexico reached a new high in 2014.
Starting today, cops in New Mexico can no longer take personal property without convicting someone, child predators will face tougher penalties and frozen powdered alcohol products are now recognized as being under state liquor control. These are just a handful of the 62 laws passed earlier this year during the regular state legislative session. Seventy-nine other new laws went into effect last month, while others with the emergency clause went into effect even earlier. The new civil asset forfeiture law is perhaps the most impactful and passed both chambers of the Legislature with wide support, netting no votes against it from either the state House of Representatives or the state Senate. Before, law enforcement officers could arrest someone and seize a personal item, such as their car, without proof that this person committed a crime.