One step closer to legalization!

Cannabis Regulation Act (HB 356): House Judiciary Committee

[Probably rescheduled due to snow impact]

In addition to legalizing marijuana, the bill includes medical cannabis patient protections, strong public health and safety provisions, and will direct new tax revenues to road safety, research, and education. It would also reinvest funds in communities disproportionately harmed by the war on drugs, for treating problematic drug use, subsidizing the cost of medical cannabis for low-income and indigent patients and more.

Cannabis prohibition has fueled mass criminalization. The bill addresses the ethical obligations to repair the disproportionate harms inflicted on Latino, Black and Native people.

It’s time to replace prohibition with a responsible, regulated system that reinvests in our children and communities.

from Drug Policy Alliance

I’ll keep my tentacles crossed, but growers’ rights and release of, and restoration of voting rights to, those wrongfully criminalized by the war on good drugs - these things are massively important going forward.

Anything less is a straight giveaway to the wealthy and ruthless

Watching it streaming now with Judicial Committee.

House Bill 356 summary

New Mexico state legislature
• Reduce impacts of criminalization disproportionately affecting low-income people and communities of color.
• Protect access to medical cannabis by eliminating gross receipts tax for medical sales, requiring all commercial licensees to also sell medical, and creating a subsidy program for low-income patients.
• Establish employment protections for medical cannabis patients in the workforce.
• Automatically and retroactively seal certain cannabis-related criminal records.
• Allow for the possible recall or dismissal of a person’s sentence who is currently serving time behind bars for a cannabis violation that has become legal.
• Implement quality control and consumer protections to safeguard public health.
• Allow counties and cities to opt out of commercial cannabis sales.
• Prohibit retail cannabis sales to anyone under 21.
• Establish a licensing structure that favors small businesses, thus creating space for entrepreneurial efforts in rural areas as well as job opportunities for people in disproportionately impacted communities.
• Establish a 9% surtax on cannabis sales, directing millions of dollars to the local DWI grant fund for cannabis research, public education about cannabis, and community grants for workforce training, substance misuse treatment, mental health treatment, and youth drug education and prevention.
• Generate approximately $40 million in new tax revenue and create over 11,000 jobs in just the first year.

"establish employment protections" are the prettiest (and most important) words i have ever seen written down. as far as i am concerned, weed can STAY illegal if folks can quit losing jobs & homes because of "random" drug testing. it has NEVER really been "random" and i think everyone KNOWS it. companies pick 4 people they know are clean & stick the one persons name in there that won't kiss their ass...

BY DAN MCKAY / ABQ JOURNAL STAFF WRITER
Thursday, March 7th, 2019 at 10:41pm
SANTA FE — New Mexico lawmakers late Thursday plunged into debate on a bill that would push the state closer than ever toward legalizing recreational use of marijuana.

At the center of the action was a proposal in the state House — a product of bipartisan, bicameral talks involving House Democrats and Senate Republicans.

Rep. Javier Martinez, an Albuquerque Democrat and co-sponsor of the bill, said the debate was a “watershed” moment in the movement to legalize the recreational use of cannabis in New Mexico.

“This is truly a compromise bill,” he said late Thursday as he unveiled a set of amendments to the original proposal.

If approved, House Bill 356 would be the first recreational marijuana proposal ever passed by one of New Mexico’s legislative chambers.

Legalization has faced skepticism from some moderate Democrats in the Senate, where previous bills have failed.

But three Republican senators have been working with Democrats this session on a legalization proposal, providing a narrow path to approval if they can carry a bipartisan bill through both the House and Senate.

Martinez said Thursday that the House bill now includes a variety of ideas originally contained in the Senate version — including a plan to offer retail sales of marijuana largely at state-run stores. Private businesses could sell recreational cannabis in certain circumstances, such as if a state store isn’t nearby.

The compromise, Martinez said, also would require people to keep receipts showing they purchased their marijuana legally, and they could carry only 1 ounce of cannabis and couldn’t grow it on their own — in contrast to the previous version of the House proposal.

Martinez said he and his colleagues gave up quite a bit in the spirit of compromise. Republican Sen. Cliff Pirtle of Roswell — a co-sponsor of the Senate bill — sat with Martinez during the House debate as an expert witness.

There were signs that the proposal might succeed in winning bipartisan support.

“I like the state control,” Rep. Kelly Fajardo, R-Belen, said during the debate. “I know this took a lot of work.”

The strength of state-run stores — an idea that’s central to the Senate bill — is that it would give the state strong regulatory controls and make it easier to keep cannabis products away from children, supporters said.

Supporters said the compromise bill also makes it clear that employers could still maintain drug-free workplace policies.

Sales of recreational marijuana could begin in July 2020.

More changes to the legislation, of course, might be in store.

But each chamber must approve identical legislation by noon March 16 to send a bill to Gov. Michelle Lujan Grisham.

“With nine days left in the session,” Pirtle said in an interview, “there’s plenty of time.”

Lujan Grisham has said she is open to legalizing recreational marijuana, but only if there are safeguards to prevent use by children, protect the medical marijuana program, and address workplace intoxication and driving under the influence.

Lujan Grisham, a Democrat who took office Jan. 1, succeeded Republican Susana Martinez, who opposed legalization.

Getting the legislation to the governor’s desk may hinge on winning over some Republican senators.

Besides Pirtle, Republican Sens. Mark Moores of Albuquerque and Craig Brandt of Rio Rancho have been working on marijuana legalization. They have been working with Democratic senators, too.

But their proposal, Senate Bill 577, hasn’t advanced as far as the House bill has. It has cleared two committees and must pass one more before reaching the full Senate for consideration.

“The possibility of bipartisan compromise between the House and Senate is very real,” House Speaker Brian Egolf, D-Santa Fe, told reporters Thursday.



Sounds hokey to carry receipt and no personal grows. Bummer. Hopefully, it's not set in stone. Like the House DEM version better....better for the state, better for consumers. But amazingly after 6-7 failed attempts at legalizing, a phrase you don't hear often....'bipartisan compromise'.

I read this yesterday and can't seem to get over this section:



[FONT=Arial, Helvetica, sans-serif] "including a plan to offer retail sales of marijuana largely at state-run stores. Private businesses could sell recreational cannabis in certain circumstances, such as if a state store isn’t nearby.

The compromise, Martinez said, also would require people to keep receipts showing they purchased their marijuana legally, and they could carry only 1 ounce of cannabis and couldn’t grow it on their own — in contrast to the previous version of the House proposal."[/FONT]
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[FONT=Arial, Helvetica, sans-serif]It seems to me freedom is a long ways away. This sounds like the state is seeking to monopolize the cannabis trade under government control and is very very greedy movement by the legislators. imho they are only smelling the money and are doing nothing for the rights of individuals to successfully participate in a free trade industry.[/FONT]
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[FONT=Arial, Helvetica, sans-serif]Also I hear that they have unleashed a bill that allows for agricultural hemp to be grown and thus there is a shortage of horticultural equipment available because it is being bought out. Already for several years CBD stores have spread which defies my understanding of the criminalization of cannabis. Apparently CBD is a by product of hemp production thus making it entirely acceptable where as "drug producing plants" i.e. plants that produce THC must be more carefully regulated. Makes no sense. I think decriminalization is the only way forward and legalization is hypocrisy.
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Also I'm pretty sure they pushed the tax up to 17% which in my opinion will push cost up substantially and strengthen black market opportunity. I like the idea of having a recreational model but I really think they should be more realistic.

lovehaze said:

Also I'm pretty sure they pushed the tax up to 17% which in my opinion will push cost up substantially and strengthen black market opportunity. I like the idea of having a recreational model but I really think they should be more realistic.

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Yep, agreed, but after 8 yrs of former Guvnah Susana's denial, it's nice to see!! I/we won't be using rec shops, and clients will continue to support us, so yes, black market will continue to thrive. Too, bad at-home grows (even 6 plants, half of what was 1st proposed) wasn't part of the bargain.

Funny....WHO is going to keep rec mj receipts handy for inspection?

HB 356 can be morphed down the road seeing what works, what doesn't. Finger's crossed.

And let FLA have S. Martinez as Education expert....oxymoronic! ;o)

Ask Washington state if their no grow rec law has morphed. I say don't legalize if no home grows but it's not up to you so it looks like new Mexico is screwed as well.

Now who will invest money to put home grows in a ballot initiative?? No one just like Washington state hasnt done it new Mexico won't do it either. State run stores wtf? Talk about a shitty middle man I guess low population areas that won't make as much money the regular guys and gals will run those the state will pick the prime spots.
The legislature is making no compromise that's bullshit they want full control.

This is probably why the cap was increased from 450 to 2500 plants for med producers so they can get a head start for the state run rec market

If every one is not allowed to grow it is not legalization it is a scam and an example of your government stealing your right to self medicate for free and funneling money away from the people.

this bill stinks of typical new mexico nepotism...i'm betting they already know who's going to get the fat state contract to do the growing and practically everyone will be stuck with alb grown mids and whatever money actually stays in the state will go to people who already have a shit ton of money except in the rural areas no one cares about...

So, we'll continue to do what we've been doing for eons...GYO. Let the touristas buy 'legal' weed.

And we'll stay MMJ.....;o)

when my state rep gets back to town i should get some time to talk to her about it since she also rides bikes and will no doubt be coming to the thursday night gravel rides...there's still over a year before implementation to iron out the details and it still needs to pass in the senate so somehow i'm sure things will drag out in land of manana fashion...

unclefishstick said:

when my state rep gets back to town i should get some time to talk to her about it since she also rides bikes and will no doubt be coming to the thursday night gravel rides...there's still over a year before implementation to iron out the details and it still needs to pass in the senate so somehow i'm sure things will drag out in land of manana fashion...

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I'm emailing both Rep/Senators (DEMS) in favor of the bill, but let them know Ultra's stronghold and no personal home-grows while MMJ patients can grow "x" amount of plants is disproportionate allowing the underground/black market to thrive.

WA, I guess was trying to alter their law allowing home grows...it will continue to arise.

aridbud said:

Funny....WHO is going to keep rec mj receipts handy for inspection?

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well, i'm keeping paperwork and original packaging from high CBD hemp with me now just because... that receipt is virtually a "stay out of jail card".
if you bought a single govt sanctioned & taxed ounce...as long as you keep that piece of paper in your wallet & never carried more than that ounce in public, how would they know if your weed was the legal shit or not? black market would flourish, and no one would go to jail. merely smelling weed would not justify a visit with a dog, nor be grounds for road-side search by LEO. when they get tired of black market, they will have to drop taxes IMHO and loosen up other restrictions as well.

ANYTIME taxes are introduced it's NOT legalization!

MJPassion said:

ANYTIME taxes are introduced it's NOT legalization!

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Perhaps. I was happy to pay 5-12 Euro in the Netherlands to buy their hash/bud at coffeeshops. It's not "legal" there either, but tolerated (and taxed).

MJPassion said:

ANYTIME taxes are introduced it's NOT legalization!

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everything you buy is taxed, so i guess everything is illegal...i did not know that.

lovehaze said:

Also I'm pretty sure they pushed the tax up to 17% which in my opinion will push cost up substantially and strengthen black market opportunity. I like the idea of having a recreational model but I really think they should be more realistic.

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Our current tax rate is 20% and it doesn't seem to be slowing down sales at all. But, we also have the ability to grow our own and keep up to 10z on site with 1z on person at all times...

So although the taxes are a bit high (no pun intended), they do go to support positive things in the states where enacted...

17% is high!!! Only thing that will change are those who can't or won't grow. It'll create an underground much like it is presently, possibly more with prohibition of personal home grows. CO has that and watched cartels moving in (Pueblo area), growing in warehouses. NM hopes to minimize that, but MMJ users can grow, rec can't. That means a flood of MMJ applications.

Emailed the sponsors of all the bills presented, plus area reps that I know who are PRO-cannabis asking to review, but Southern state Republicans are against the bill....it narrowly passed within 2 votes. House is far more accepting than Senate. Time will tell.