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After New Mexico Lawmakers Fail To Pass Marijuana Legalization, Governor Says Voters Could Decide

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Marijuana legalization failed to happen legislatively in New Mexico this year, but now Gov. Michelle Lujan Grisham (D) says she’s open to letting voters decide on the policy change.

A bill to legalize cannabis in the state advanced through one Senate committee last month, but it was rejected by another with just days left in the legislative session, which ended on Thursday. When lawmakers reconvene in 2021, the governor said it’s possible the legislature will pursue the reform move through a constitutional amendment that would be referred to voters at the ballot box.

Lawmakers would still have to vote in favor of advancing such a proposal to get it on the ballot, but it may be more palatable to some to let voters make the ultimate decision on whether to legalize marijuana in the state.

“We could,” Grisham said on Thursday in response to a question about whether the state could pursue a constitutional amendment to legalize. “I mean, I’m open to any number of pathways.”

She added that brining advocates and experts to the table while crafting a “regulatory design” for a cannabis market is an “incredibly transparent” process, but it also means “you get a lot of questions about how it works.”

“Overwhelmingly in every county, New Mexicans believe that that’s a productive economic path forward,” the governor said. “My job is to keep with them, making the case and trying to the best of our ability to answer any question, deal with any conflicts and to make sure that when we do anything, our expectation is that New Mexico does it the best and that we set aside and move aside by addressing them, any unintended consequences or potential risks.”

Listen to the governor’s remarks on a potential marijuana legalization constitutional amendment below: 

“I’ll probably do a little of both, and I have no doubt that the legislators will do that as well,” she said.

A constitutional amendment to legalize marijuana was approved by a Senate committee in 2015, but it did not advance further. It was reintroduced the next year, but it didn’t get a committee vote.

Grisham, who was elected in 2018, has made clear that cannabis reform is a legislative priority, including legalization in her 2020 agenda. She also discussed the need to establish a well-regulated and equitable marijuana market during her State of the State address last month.

The House of Representatives passed a bill in 2019 to legalize marijuana and let state-run stores control most sales. The proposal later advanced through one Senate committee but did not receive a floor vote. Lujan Grisham did sign a more limited bill to simply decriminalize marijuana possession that lawmakers approved during that session, however.

After legalization failed to advance last year, the governor established a working group to study the issue and make recommendations.

Following a series of hearings, the panel released a report in October that said any legalization bill should include automatic expungements of past records and provisions to ensure equity in the industry for communities most impacted by the war on drugs. It also said that home cultivation of marijuana by consumers should either be prohibited or licensed by the state.

In December, the governor’s working group released a poll showing overwhelming public support for cannabis legalization.

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Photo courtesy of Mike Latimer.

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Kyle Jaeger is Marijuana Moment's Sacramento-based senior editor. His work has also appeared in High Times, VICE and attn.

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