A co-sponsor of a bill that would legalize the use of recreational cannabis said he he thinks it only has a “one in three” chance of becoming law this year.
Sen. Jerry Ortiz y Pino, D-Albuquerque, said Senate Bill 115 is undergoing a revision to better address some concerns raised before it’s heard by the Senate Judiciary Committee on Wednesday.
The bill cleared its first hurdle in late January when the Senate Public Affairs Committee voted 4-3 along party lines to advance it. Since then, Ortiz y Pino said he and the bill’s other sponsors have been meeting with supporters as well as opponents to make it more palatable. As such, even if it becomes law, the start date for the recreational cannabis program has been pushed back from 2021 to 2022.
But Ortiz y Pino acknowledged it may take another year or two to get recreational cannabis through the Legislature — in part because time is running out on this year’s 30-day session, and the bill still must go through multiple committees. The session ends at noon Feb. 20. “It’s going to be very tough to get this through as late in the session as it is,” he said.
He said the bill, co-sponsored by Sen. Jacob Candelaria, D-Albuquerque, may have a better shot of success during next year’s 60-day legislative session.
“We’re trying to work out some of the issues that may be objectionable in the bill, educate legislators about it and give the public a chance to tell legislators what they think,” Ortiz y Pino said.
The 2020 legislative session starts tomorrow and besides the standard 30-day budgetary issues, many eyes are on cannabis and whether this is the year it becomes legal to use recreationally. Last week, two lawmakers filed bills aimed doing just that.
Rep. Javier Martinez and Sen. Gerald Ortiz y Pino, both Albuquerque Democrats, are cosponsors of the Senate version of the Cannabis Regulation Act. Martinez is the sponsor of the House version of the bill.
The bills are largely based on recommendations from a legalization work group and a legalization bill that failed to get to the governor’s desk last year. Both bills are 175 pages long and prescribe how recreational should be taxed, age limits for possessing or consuming cannabis and which state entities will be involved.
Gov. Michelle Lujan Grisham announced last year that she would support a comprehensive legalization bill and added to “the call” this year. It is nearly unheard of for legislation to make it to the governor’s desk without some amendments, so these two bills will likely change in the next 30 days, but here are some key points of the bills.
Various different lawmakers have tried to pass recreational legalization bills over the years, but 2019 marked the farthest in the process a proposal made it in recent history.
A group convened by the governor and tasked with crafting a framework for cannabis legalization released their full recommendations on Wednesday.
Many of the recommendations from the Marijuana Legalization Work group are either consistent with or similar to legislation introduced in the 2019 legislative session. Those include protecting the medical cannabis program and its patients, giving law enforcement tools to test for cannabis use and giving New Mexicans—even those with criminal drug charges from the past—opportunities to get involved in the cannabis industry.
Rep. Javier Martinez, D-Albuquerque, sponsored a cannabis legalization bill earlier this year and told NM Political Report that he will sponsor another version next year based on the work group’s recommendations. Martinez’s bill was eventually combined with a competing Senate bill that proposed state-run cannabis stores. Neither of those bills made it to the governor’s desk and there’s no guarantee another proposal will get any farther in the legislative process unchanged, Martinez said.
“There’s 112 very unique voices in the legislature, so I’m sure as we go through that process improvements will be made,” he said. “We’ll see what we end up with, but two things I think are the foundation of this framework.
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.
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.
After the 2017 general legislative session adjourned, Gov. Susana Martinez vowed to veto any tax increases and to call legislators back to the Roundhouse for a special session soon to redo the budget. Democrats said their package would avoid any further cuts to education, which has seen several slashes in recent years because of declining revenue to the state. The governor’s office says a state government shutdown could happen as early as next month. This story also appears in this week’s edition of the Alibi. In a post-session press conference, Martinez blamed lawmakers, saying some “failed to do their jobs this session.” Her tone capped a tense few days between her office and the Legislature.
Legal recreational marijuana won’t be coming to New Mexico anytime soon. The House Business and Industry Committee voted 9-1 on Monday to block a bill that would have legalized, taxed and regulated marijuana for adults over 21. The hearing lasted for more than two hours, but it became apparent during the debate that the measure would fail. The bill sponsor, Rep. Bill McCamley, D-Las Cruces, tried to persuade the committee by telling members that marijuana legalization in New Mexico is inevitable. “This is going to happen, whether it’s this year or 10 years from now,” McCamley said.
Thursday marks the halfway point of the 2017 New Mexico Legislature’s 60-day run in Santa Fe. And while half the time is gone, perhaps 90 percent of the work remains. All-important debates over how to spend the public’s money, where to get it and how much to keep in reserve, are yet to be resolved. How much should be devoted to keeping the schools running? What kind of tax breaks are effective in stimulating a sputtering economy?
Adults over 21 would be able to legally buy, possess and smoke marijuana under a bill that survived its first hearing Saturday in the state House of Representatives. The Consumer and Public Affairs Committee voted 3-1 to advance the bill without a recommendation. Sponsored by Rep. Bill McCamley, D-Mesilla Park, House Bill 89 moves ahead to the House Judiciary Committee. His proposal would tax and regulate recreational marijuana, as is done in eight other states, including neighboring Colorado. It would earmark 40 percent of taxes from cannabis sales for education and designate other proceeds to government programs.