2021 Legislative Session

Citizen lawmakers find work in new cannabis industry

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Cannabis legalization in New Mexico was sold as, amongst other things, a job creator. Those who are eyeing the new industry are navigating proposed rules and regulations and making plans for real space, how many plants they will be able to grow and how to get their applications approved by the state. Now there seems to be a niche market for cannabis adjacent businesses, particularly those aimed at guiding business owners through the process. 

Even prior to the passage of the Cannabis Regulation Act in the New Mexico Legislature, a handful of consulting and legal firms specializing in cannabis regulations and law existed. But since the Cannabis Regulation Act passed, there are at least three elected officials who are currently, or plan to, sell their knowledge to those interested in getting in at the ground floor of what is expected to become a booming new industry. 

That raises questions about the ethics of state and local lawmakers selling their services in an industry they sometimes have a hand at creating. But some of those elected officials who operate cannabis adjacent businesses say they are keeping things ethical but that the dilemma could be avoided if lawmakers are paid an actual wage.    

On the evening of March 31, which was the last day of New Mexico’s special legislative session, the state Senate was deep in a debate over cannabis legalization.

Albuquerque city council

ABQ council approves public health emergency proposal

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The Albuquerque City Council voted Monday night 6-3 to approve a measure that would allow the city’s mayor to declare a public health emergency and receive federal and state funds. The measure would also give authority to the mayor to limit large gatherings and limit the amount of supplies consumers purchase during a public health crisis. 

The sponsor of the proposal, Council President Pat Davis, said he began working on the measure last month to update the city’s emergency provision law that has remained mostly the same since the late 1960s.  

“It was clear that we needed an update,” Davis said. 

During his opening statement on the legislation, Davis said the city law that allows a mayor to declare a state of emergency was developed during a time of war protests that often led to violence and riots.  

But the measure was met by heavy scrutiny by Councilor Brook Bassan, who offered 10 amendments that she said were aimed at being less restrictive to citizens. Only three passed. Bassan referenced a famous quote from Benjamin Franklin regarding giving up rights in the name of safety and raised concerns that the proposal might go too far. 

“We are considering surrendering our freedoms,” Bassan said. The overarching theme from Bassan was that even if social distancing and limiting large gatherings is needed to stop the spread of a disease, it doesn’t need to be dictated by city leaders. 

“Even though we need to have these measures in place, even though we need to be able to be capable of enacting these laws to protect our society, guess what?

Albuquerque city council

ABQ city councilors introduce gun legislation

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Three Albuquerque city councilors announced they filed three proposed ordinances related to gun possession in the council chambers, storage of guns and threats of violence online. 

Councilors Pat Davis, Isaac Benton and Diane Gibson held a press conference Wednesday afternoon to present their proposals. 

One ordinance would prohibit guns at functions like city council or county commission meetings and public forums, like town hall meetings with constituents. 

Gibson said many city meetings get heated and some of her constituents have expressed concern for their safety.   

“Many of these gatherings involve a lot of emotions, people are very passionate,” Gibson said. “It’s already a highly charged situation at many of these venues.”

Another ordinance would make it a misdemeanor to leave a gun accessible to others without some sort of lock or device that would prevent the use of it. 

“When you lay a gun down and walk away, we want to be sure it’s not accesible for a kid who can use it, someone who commits suicide or a bad guy who sees it as a target to take,” Davis said. 

Davis, a former police officer, added that simply locking it in a vehicle would not be compliant with the proposal, noting that many guns are stolen out of owners’ cars. 

“If it’s in your car it just needs to be secure and so it can’t be operable,” Davis said. “You can’t shoot a gun that doesn’t shoot bullets.”

The third ordinance would extend a city ordinance prohibiting threats of violence to online platforms. 

One Albuquerque attorney said the councilors would be violating the state constitution if the proposals passed. 

Blair Dunn, who has a history of suing state agencies, said he’s already preparing a case against the councilors. 

“They can’t do it, it’s against the constitution,” Dunn said. 

Indeed, New Mexico’s constitution includes a provision that only allows gun laws on the state level. 

But during the councilor’s press conference, Davis said he and his colleagues are prepared to defend their legislation. 

“We believe we have a defendable case and we’re willing to take it as far as we have to in order to keep our city safe,” Davis said. 

Dunn is already representing a group that is suing New Mexico’s secretary of state and attorney general for denying an attempt to overturn a state gun law through a petition process. 

Regardless, the proposals will need more support than from the three councilors to get a shot at passing.

Cannabis working group
Working Group on Cannabis Legalization for New Mexico

Cannabis legalization task force aims for compromise

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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.

Cliff Pirtle

Cannabis working group chair vows to be inclusive, transparent

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In its inaugural meeting, a group tasked by New Mexico’s governor to come up with ideas to safely and efficiently legalize recreational use cannabis in the state discussed the process for which it will follow in the next several months. 

The Working Group on Cannabis Legalization for New Mexico consists of about 20 people with varying backgrounds, including medical cannabis producers, medical cannabis patients and state departments. Gov. Michelle Lujan Grisham picked the members of the group. 

Lujan Grisham’s senior policy advisor Dominic Gabello told members he is confident the group will be able to address the many concerns related to legalizing cannabis in New Mexico. 

“We’ve put this together and I think we’ve got a good plan moving forward to discuss this and really figure out, how do we find the right path forward for New Mexico,” Gabello said. Some medical cannabis patients and producers previously raised their concerns about adequate patient representation in the group. Before Wednesday’s meeting, there was no patients in the group, but patient advocate Heath Grider was ultimately added. “I believe that everyone is doing their best to include us,” Grider said just after Wednesday’s meeting. 

But, he said, the group can still use more voices, particularly from patients and businesses who might be impacted by legalization. 

The group’s chair, Albuquerque City Councilor Pat Davis, told NM Political Report there will be more opportunities in the next eight planned meetings to include community stakeholders from across the state, including Native American tribal members and leaders and residents in rural areas. 

“All those meetings are public and they can add comments ahead of time online,” Davis said. 

Davis also said the group’s website will allow members of the public to see what each member thinks about a specific issue related to legalization. 

“You’ll see who dissented and what the vote was,” Davis said. 

And even though the group’s website is not an official state site, Davis said the whole process will be transparent and encouraged members to be aware of that . 

“Assume everything you write down is public record,” Davis told the group before the meeting. 

Sen. Cliff Pirtle, R-Roswell, who co-sponsored a bill last legislative session to legalize cannabis and establish state-run dispensaries, is also part of the group.

Ranked-choice voting

Deadline looms for ABQ ranked-choice voting effort

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Albuquerque could be the next city in the state to adopt a new way of voting in municipal elections, but a looming deadline doesn’t leave city councilors much time to make it happen. Ranked-choice voting, sometimes called instant-runoff voting, allows voters to rank their choices on a single ballot as opposed to only picking their number one candidate. Santa Fe held their first municipal instant-runoff election last year and about a dozen other municipalities across the U.S. use a similar voting method. A 2018 change to the state’s election law allows municipalities the option to move their elections to November in order to coincide with state elections, and the law also gives city leaders a chance to switch to an instant-runoff election system. Cutting it close

In 2018, then-Gov. Susana Martinez signed the Local Election Act into law.

Donald Trump

SF Mayor responds to Trump admin threats to arrest ‘sanctuary city’ pols

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Santa Fe’s mayor has a message for the Trump administration after the Department of Justice floated the idea of arresting elected officials in charge of cities with “sanctuary policies”: You know where to find me. On Facebook Wednesday evening, Santa Fe Mayor Javier Gonzales linked to a Newsweek story about the controversial, and likely unconstitutional, idea. “The Trump administration can find me at the Santa Fe Mayor’s office from 8-6, Monday – Friday,” Gonzales wrote. “I will stand up for all New Mexicans keeping their families together.”

Gonzales, who is leaving the mayor’s office this year but running for the Democratic nomination for Lieutenant Governor, has been an outspoken supporter of sanctuary efforts. Santa Fe is one of the more progressive areas of the state.

Bureau of Alcohol Tobacco Firearms and Explosives

ABQ city council committee delays vote on ATF resolution

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An Albuquerque City Council committee voted Monday evening to defer for 90 days a resolution asking New Mexico’s congressional delegation to push for an investigation of a 2016 federal law enforcement operation that netted a highly disproportionate number of black people. Councilor Pat Davis*, who sponsored the measure, cast the lone vote to send it to the full City Council. This story originally appeared at New Mexico In Depth and is used with permission. Voting to defer the resolution were councilors Don Harris — who made the motion to delay the vote — Ken Sanchez, Brad Winter and Klarissa Peña. That means the council’s Finance and Government Operations Committee will rehear the resolution after 90 days during which time city officials hope to gather more information.

Albuquerque Newsdesk

Video: Federal sting draws responses in ABQ mayor’s race

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Criticism of a massive undercover drug- and gun-crime sting spilled into the Albuquerque mayoral race last week, when candidates were pressed about a 2016 federal law enforcement operation that netted a disproportionate number of black people. It was a serious question, made all the more serious by the man asking: Joe Powdrell, a longtime local activist past president of the local chapter of the National Association for the Advancement of Colored People (NAACP), which sponsored the Sept. 8 forum.This story originally appeared on the New Mexico In Depth website and is reprinted with permission.The operation has drawn community and legal scrutiny for alleged racial profiling and for scooping up many who did not fit the “worst of the worst” profile trumpeted by federal officials after New Mexico In Depth investigations. Picking up on the alleged racial targeting, Powdrell asked the candidates “where your head is at in terms of this biased policing.”

Only three of the seven candidates who attended the forum addressed the sting directly. Dan Lewis, a second-term, Republican city councilor who has spoken out on a number of police-related issues during his seven-plus years on the council, gave the most forceful response.

Criminal Justice

ABQ city councilor wants congressional investigation into ATF sting

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An Albuquerque city councilor is calling for a congressional investigation of a massive, undercover federal sting operation that targeted a poor, largely minority section of his district last year in an attempt to blunt the city’s gun and drug crime. Pat Davis, a Democrat who represents the International District and is running for Congress himself, filed a resolution on Friday that, if passed by the Albuquerque City Council, would ask  New Mexico’s congressional delegation to push for hearings on the sting operation. The four-month sting was undertaken by the federal bureau of Alcohol Tobacco Firearms and Explosives (ATF). In addition, the resolution asks the ATF and the U.S. Attorney’s Office, which is prosecuting the 103 people arrested in the sting, to apprise city officials of the details of the operation. The resolution, which will be formally introduced at a Sept.