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New Mexico Lawmakers Advance Marijuana Legalization And Equity Bills On First Day Of Special Session

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A revised marijuana legalization bill in New Mexico passed its first two committee hearings during a special session on Tuesday, along with separate legislation to automatically expunge past cannabis convictions.

Both measures are scheduled for full chamber hearings Wednesday morning.

If all goes smoothly, the legislature could send the reform proposals to Gov. Michelle Lujan Grisham (D) by the end of the week, with sales set to kick off by next April. But that’s a big if—discussions over the details of the policy change have spiraled out of control in recent weeks, and it remains to be seen whether a revised proposal can win majority support in both chambers.

Multiple bills introduced for the special session so far involve cannabis in some way. The most significant, HB 2, which passed the House Taxation and Revenue committee on a 8–4 vote, would legalize the possession and sale of marijuana by adults 21 and older.

The bill then headed to the House Judiciary Committee, which passed the measure on a 7–4–1 vote shortly after 1 AM after members considered a raft of amendments.

The bill is largely similar to HB 12, legislation filed during the regular session that passed the House but stalled on the Senate floor. HB 2’s biggest difference from the previous proposal is that it strips out criminal justice provisions, such as those concerning expungements. The policies have been packaged into different legislation for the special session, SB 2.

A cleaned-up version of the expungements bill, meanwhile, passed the Senate Judiciary Committee on a 6–3 vote. It was supposed to be taken up by the full Senate later in the night, but the body delayed consideration to Wednesday morning.

A third bill introduced for the special session, SB 3, is an alternative legalization proposal backed by Republican Sen. Cliff Pirtle, while an appropriations bill, HB 1, includes funding to establish and oversee a legal cannabis industry in the state. Pirtle’s bill wasn’t taken up in committee on Tuesday.

None of the bills was published online until more than an hour after the special session officially began. Some lawmakers complained that with less than a day before the session began, they still had yet to see draft legislation.

Hours after the special session kicked off, Rep. Bill Rehm (R) introduced a bill, HB 4, to tighten laws on cannabis and driving. It would establish a per se THC blood limit for DUIs, as some other states have put in place.

Backers of the legalization bill HB 2, meanwhile, have been scrambling to revise it ahead of the special session, incorporating feedback from colleagues as well as the governor’s office.

Here are some of the main provisions in the new legalization bill as amended:

— Adults 21 and older could purchase and possess up to two ounces of cannabis, 16 grams of cannabis concentrates and 800 milligrams of infused edibles. All products would be tested by licensed laboratories for contamination and potency.

— Home cultivation of up to six mature cannabis plants would be allowed for personal use, provided the plants are out of public sight and secured from children. Households would be limited to 12 total plants. Marijuana grown at home could not be sold or bartered.

— Legal retail sales wouldn’t begin for another year or so, with a target date of April 1, 2022 or earlier. Final license rules would be due from the state by January 1, 2022, with licenses themselves issued no later than April 1.

— Advertising cannabis to people under 21 would be prohibited, with the use of cartoon characters or other imagery likely to appeal to children forbidden. Advertisements would also be barred from billboards or other public media within 300 feet of a school, daycare center or church. All products would need to carry a state-approved warning label.

— There is no limit on the number of business licensees that could be granted under the program, or the number of facilities a licensee could open, although regulators could stop issuing new licenses if an advisory committee determines that “market equilibrium is deficient.”

— Small cannabis microbusinesses, which could grow up to 200 plants, would be able to grow, process and sell cannabis products all under a single license. The bill’s backers have said the separate license type will allow wider access to the new industry for entrepreneurs without access to significant capital.

— As amended in the House Taxation and Revenue Committee, cannabis purchases will include a 12 percent excise tax on top of the state’s regular 8 percent sales tax. Beginning in 2025, the excise rate would climb by 1 percent each year until it reached 18 percent in 2030. Medical marijuana products, available only to patients and caretakers, would be exempt from the tax.

— In an effort to ensure medical patients can still access medicine after the adult-use market opens, the bill allows the state to force licensed cannabis producers to reserve up to 10 percent of their products for patients in the event of a shortage or grow more plants to be used in medical products.

— Local governments could not ban cannabis businesses entirely, as some other states have allowed. Municipalities could, however, use their local zoning authority to limit the number of retailers or their distance from schools, daycares or other cannabis businesses.

— Tribal governments could participate in the state’s legal cannabis industry under legal agreements contemplated under the bill.

— With certain social justice provisions expected to be repackaged into a separate bill, the legalization measure retains only some of HB 12’s original equity language, primarily focused on enacting procedures meant to encourage communities that have been disproportionately impacted by the war on drugs to participate in the new industry.

— The new industry would be overseen by a newly created Cannabis Control Division, part of the state Regulation and Licensing Department. Medical marijuana would also be regulated by that division, although the Department of Health would control the patient registry.

— By September of this year, the state would establish a cannabis regulatory advisory committee to advise the Cannabis Control Division. The committee would need to include various experts and stakeholders, such as the chief public defender, local law enforcement, a cannabis policy advocate, an organized labor representative, a medical cannabis patient, a tribal nation or pueblo, various scientists, an expert in cannabis regulation, an environmental expert, a water expert and a cannabis industry professional, among others.

HB 2 also includes new provisions backed by Sen. Pirtle, who introduced a competing legalization bill during the regular session that focused primarily on undercutting illicit sales. Pirtle circulated his own draft proposal for the special session late last week and formally introduced it on Tuesday.

As HB 2’s first committee hearing began, sponsor Rep. Javier MartĂ­nez (D) told the Taxation and Revenue panel, which he chairs, that the new legislation took “all the great suggestions from both sides of the aisle, from members of both chambers, incorporating many of those changes into the bill that is hear in front of you.”

“This bill takes another affirmative step—hopefully toward passage, but most importantly, a little bit closer to perfection,” he said. “This bill is not perfect—no legislation of this magnitude will ever be perfect—but it’s pretty darn close to it.”

But critics, both lawmakers and opponents who spoke during public testimony, pointed to a number of concerns with the bill. Some public health advocates worried that social consumption lounges could put workers and guests at risk from secondhand smoke and other exposure. Others called for more focused equity measures, for example by earmarking revenue for reinvestment into Black, brown, Indigenous and rural communities.

An amendment adopted by the House Taxation and Revenue committee increased HB 2’s proposed tax rate on the cannabis sales.

“What it does is it steps up the excise tax,” said Rep. Christine Chandler (D), who brought the amendment. “This bill starts with a 12 percent excise tax and, each year [beginning in 2025], it increases by 1 percent until it gets to 18 percent beginning July 1, 2030.” The additional money would go to the state’s general fund, despite some Democrats suggesting it be routed to groups most affected by the drug war.

The panel approved the amendment on a 7–4 vote, as some Republicans warned that the increased taxes could fuel the state’s illicit market. Supporters pointed out that even with the adjustment, taxes in New Mexico would still be lower than in states such as Colorado, California and Washington State.

Later, during the House Judiciary Committee hearing, lawmakers approved yet more amendments, some of which would introduced by Rep. Deborah Armstrong (D), who said they came from the governor’s office.

One would specify that consumption lounges “shall be allowed only if the consumption area is in a designated smoking area or in a standalone building from which smoke does not infiltrate other indoor workplaces or other indoor public places where smoking is otherwise prohibited.” The others Armstrong described as “technical corrections.”

The panel also approved an amendment, from Rep. Gail Chasey (D), chair of the committee, that modified a provision that says people won’t be denied parental rights of custody or visitation for legal cannabis conduct. The change removed language requiring “clear and convincing evidence” of danger and replacing it with a clause allowing law enforcement, courts or the state’s Children, Youth and Families Department to “act in the child’s best interests.”

The expungements bill, SB 3, meanwhile, saw 10 relatively minor amendments in the Judiciary Committee, most of which were technical changes to language that critics called unclear or unnecessary.

The measure would automatically erase past records of arrests or convictions for activity that would no longer be outlawed under legalization. People currently in custody for cannabis crimes would also be eligible for resentencing under the bill.

Among the more significant changes adopted in committee were a provision allowing people to petition for expungement anonymously, intended to avoid publicizing the charges being expunged. Another amendment adds human trafficking to a list of offenses that could allow state agencies to disqualify applicants for public employment or licensing.

While it’s not yet clear how long the special session will last, advocates and lawmakers said earlier this week that they’re hoping to adjourn by Thursday. But already there have been delays.

The new legalization legislation largely parallels a bill that advanced most of the way through the process during the regular session, although key social justice portions of that bill, HB 12, have been removed and have been instead packaged into another proposal for lawmakers to consider separately.

The social justice provisions—such as automatic expungement of certain low-level cannabis convictions—were stripped from the new legislation in an effort to win support for the overall reform among Republicans and more moderate Democrats, who had criticized HB 12 as convoluted and unwieldy.

But the move has also frustrated more progressive Democrats, who have insisted equity be built into the state’s legalization scheme from the start.

Sen. Joseph Candelaria (D), who introduced his own legalization proposal during the regular session, said this week on Twitter that he wouldn’t support the new plan without revisions to reinsert certain criminal justice and labor-related portions of the bill, specifically a provision allowing past convictions to be pardoned.

Speaking to the House Taxation and Revenue Committee, MartĂ­nez said despite decoupling the criminal justice provisions from the legalization bill, it’s crucial that both measures be passed together.

“We cannot legalize adult-use cannabis without ensuring that we do right by the folks who have made mistakes in the past and ensure their records are wiped clean,” he said. “It is my expectation that … if this bill passes, that the expungement bill will be right there with it.”


Marijuana Moment is already tracking more than 900 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

According to a spokesperson for Gov. Michelle Lujan Grisham (D), the new bill incorporates a number of Pirtle’s ideas, such as a clause to expand training for law enforcement to detect drug use and impaired driving.

“The governor’s priority has been and remains a comprehensive body of law that enacts a well-regulated and safe legalized adult-use cannabis industry as well as one that addresses the attendant social justice concerns,” spokesperson Nora Meyers Sackett told the Santa Fe New Mexican.

In the governor’s proclamation calling the special legislative session, Lujan Grisham said specifically that one of the purposes was to legalize cannabis and address social inequities “in a manner substantially similar to House Bill 12.”

Some lawmakers have expressed skepticism that can be done. “What I see happening during this special session is a complete and utter meltdown,” Candelaria told the New Mexican earlier this week.

Others, such as Sen. Joe Cervantes, a moderate Democrat who has called for numerous changes to the bill despite opposing adult-use legalization at all, remain unlikely to vote for the revised bill.

House Republicans, meanwhile, have blasted the bill’s backers and the governor’s office for not making the discussions about legalization more transparent.

“The past sixty days have been defined by the Governor and Democrats silencing the voice of the people, and the silence has become deafening following the crash and burn of their pot bill,” said House Republican Leader Jim Townsend said in a statement Monday. “If legalizing marijuana is truly about the people, you would think that New Mexicans from all walks of life would have the opportunity to contribute to the process, especially when it failed so miserable at the last minute due to too many cooks in the kitchen.”

Legislative leaders worked to hammer out a legalization deal throughout the state’s 60-day legislative session this year. Sponsors of at least five different original bills have tried to unify the conflicting proposals and incorporate feedback from colleagues.

Polling indicates New Mexico voters are ready for the policy change. A survey released in October found a strong majority of residents are in favor of legalization with social equity provisions in place, and about half support the decriminalization of drug possession more broadly.

Gov. Lujan Grisham, meanwhile, included cannabis legalization as part of her 2021 legislative agenda and has repeatedly talked about the need to legalize as a means to boost the economy, especially amid the coronavirus pandemic. She said during a State of the State address in January that “a crisis like the one we’ve experienced last year can be viewed as a loss or as an invitation to rethink the status quo—to be ambitious and creative and bold.”

Additional pressure to end cannabis prohibition this year is coming from neighboring Arizona, where sales officially launched in January after voters approved a legalization ballot initiative last year. To New Mexico’s north is Colorado, one of the first states to legalize for adult use.

Cannabis is also expected to be legalized across the southern border in Mexico, with lawmakers facing a Supreme Court mandate to end prohibition by the end of April.

Before last year’s failed effort, New Mexico’s House in 2019 approved a legalization bill that included provisions to put marijuana sales mostly in state-run stores, but that measure died in the Senate. Later that year, Lujan Grisham created a working group to study cannabis legalization and issue recommendations.

In May of last year, the governor signaled she was considering actively campaigning against lawmakers who blocked her legalization bill in 2020. She also said that she’s open to letting voters decide on the policy change via a ballot referendum if lawmakers can’t send a legalization bill to her desk.

New York Marijuana Legalization Bill Moves Fast, With Three Committee Hearings And Possible Floor Votes Tuesday

Photo courtesy of Mike Latimer

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Ben Adlin is a Seattle-based writer and editor. He has covered cannabis as a journalist since 2011, most recently as a senior news editor for Leafly.

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Kansas Medical Marijuana Hearings Cancelled After Senate GOP Leader Reroutes House-Passed Bill

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A House-passed bill to legalize medical marijuana in Kansas seems to be in jeopardy, with GOP Senate leadership moving the legislation out of a committee and into a different panel where it may sit in legislative limbo, resulting in the cancellation of hearings that were scheduled to be held this week.

Advocates are concerned about the decision by Senate President Ty Masterson (R), who withdrew the cannabis reform legislation from the Senate Federal and State Affairs Committee days before hearings were to be held on Tuesday and Wednesday. It was then re-referred to the Senate Interstate Cooperation Committee, which Masterson chairs and where the bill’s fate is unclear.

This doesn’t necessarily mean that medical marijuana legalization is off the table for Kansas in 2022, but it does seem to signal that the reform might need to be enacted through another vehicle, either in the legislature or at the ballot, as top Democratic lawmakers in the state are pursuing.

“We certainly hope that this action is just making sure that this bill meets any concerns that Senate leadership may have concerning this historic legislation,” Kevin Caldwell, a legislative manager at Marijuana Policy Project (MPP), told Marijuana Moment. “This bill had widespread bipartisan support in the House last session. We hope Senate President Masterson quickly holds a committee hearing and advances this legislation.”

When the proposal was being advanced in the House last year during the first half of the two-year session, members amended an unrelated bill that previously cleared the Senate to make it the chamber’s vehicle for the policy change. Because of that, it was ruled “materially changed” last May and sent to the Senate for committee consideration.

Now there’s a question of whether lawmakers will be motivated to introduce another separate bill and try to move it through both chambers, requiring another House vote. The Senate president seemed to temper expectations in recent remarks, telling The Kansas City Star that “not a single member” of his caucus has expressed that the issue “was important to them.”

That’s not how Kansas Democrats feel, however. House Minority Leader Tom Sawyer (D) and Assistant Minority Leader Jason Probst (D) said this month that they will be introducing proposals to let voters decide on legalizing medical and adult-use marijuana in the state. At the time, Sawyer said he was “hopeful” that the legislature might separately advance the House-passed legalization measure.


Marijuana Moment is already tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

“The people of Kansas deserve to know if senators support the overwhelming majority of people who want to alleviate patients’ suffering with a medical cannabis program,” MPP’s Caldwell said. “Now is the time to show compassion to their fellow citizens and vote this bill out of committee.”

“Kansas is one of fourteen states left without a medical cannabis program,” he said. “We have faith that the Kansas Senate will pass this legislation this session and this is just another step in that process.”

Michael Pirner, Masterson’s communications director, told the Star that “medical marijuana legislation is not a priority of Senate leadership,” but did signal the issue may still be considered before the year is over.

“The subject matter has clearly matured and we expect it to be considered at some level this session,” he said. “There are many more pressing topics on the Senate agenda.”

The bill as drafted contains several significant restrictions, including a ban on smokeable cannabis. Members of the Senate Federal and State Affairs Committee did get a briefing on the issue at a meeting last week ahead of the expected, now-cancelled formal hearings before the panel.

Meanwhile, the constitutional amendment that the Democratic leaders are proposing would provide for a more comprehensive program that lawmakers would need to implement.

Gov. Laura Kelly (D), for her part, wants to see medical cannabis legalization enacted, and she said at a briefing with reporters on Friday that she “absolutely” thinks the bill could pass if “everything else doesn’t take up all the oxygen.”

She previously pushed a separate proposal that would legalize medical cannabis and use the resulting revenue to support Medicaid expansion, with Rep. Brandon Woodard (D) filing the measure on the governor’s behalf.

Kelly has she said she wants voters to put pressure on their representatives to get the reform passed.

The governor also said in 2020 that while she wouldn’t personally advocate for adult-use legalization, she wouldn’t rule out signing the reform into law if a reform bill arrived on her desk.

Marijuana Banking Bill Sponsor Says He’s ‘Gonna Get That Darn Thing Passed’ Before Leaving Office

Photo courtesy of Philip Steffan.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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Marijuana Banking Bill Sponsor Says He’s ‘Gonna Get That Darn Thing Passed’ Before Leaving Office

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Rep. Ed Perlmutter (D-CO) is retiring from Congress at the end of this session, but he says that he’s going to work to pass his marijuana banking bill before his time on Capitol Hill comes to an end.

The congressman spoke to Colorado Public Radio last week about his decision not to run for reelection this November and his disappointment that, while the House has approved the Secure and Fair Enforcement (SAFE) Banking Act five times now in some form, the Senate has failed to advance it under both Republican and Democratic leadership.

“That one still has me pretty irritated,” Perlmutter said, referring to the fact that Senate Majority Leader Chuck Schumer (D-NY) has effectively blocked his bipartisan legislation. When there was a GOP Senate majority, he was told the bill was “too big and too broad.” Then with a Democratic majority, he’s told that it’s “too narrow and too limited.”

Schumer and his colleagues who are working on a federal legalization bill have repeatedly said that they do not want to see the SAFE Banking Act pass before comprehensive reform is enacted that addresses equity issues. Supporters of the banking bill argue that the incremental policy change is necessary for promote public safety and, importantly, it stands a much stronger chance of getting to the president’s desk with bipartisan support.

Nonetheless, Perlmutter said he plans to spend his remaining months in office pushing to get the job done.

“I have not given up on that one,” he said. “I’m gonna get that darn thing passed this year while I still serve out my term.”

Listen to Perlmutter discuss the marijuana banking legislation, starting around 10:24 into the audio below: 

Asked whether he thinks President Joe Biden would be inclined to sign the measure if it did get to his desk, the congressman said “absolutely.”

“Treasury Secretary [Janet] Yellen is somebody who has been talking to me about this for years,” he said. “I feel very good that it would pass. We’re at 47 states that have some level of marijuana use, all the territories and District of Columbia, and they need to have legitimate banking services.”

“It’s just a no brainer in my opinion,” he said. “And yeah, I’m a little bit irritated, but we’re gonna keep working on it and get it passed this year.”

The last attempt that Perlmutter made to enact the reform was by adding its language to a must-pass defense bill, but it was ultimately sidelined following bicameral negotiations and did not make it into the final version. The congressman told Marijuana Moment last month that he sees other potential vehicles to advance the bill and has spoken with House Speaker Nancy Pelosi (D-CA) about it.

Even some Republicans are scratching their heads about how Democrats have so far failed to pass the modest banking reform with majorities in both chambers and control of the White House. For example, Rep. Rand Paul (R-KY) criticized his Democratic colleagues over the issue last month.

Top Federal Drug Official Says ‘Train Has Left The Station’ On Psychedelics As Reform Movement Spreads

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Top Federal Drug Official Says ‘Train Has Left The Station’ On Psychedelics As Reform Movement Spreads

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A top federal drug official says the “train has left the station” on psychedelics.

National Institute on Drug Abuse (NIDA) Director Nora Volkow said people are going to keep using substances such as psilocybin—especially as the reform movement expands and there’s increased attention being drawn to the potential therapeutic benefits—and so researchers and regulators will need to keep up.

The comments came at a psychedelics workshop Volkow’s agency cohosted with the National Institute of Mental Health (NIMH) last week.

The NIDA official said that, to an extent, it’s been overwhelming to address new drug trends in the psychedelics space. But at the same time, she sees “an incredible opportunity to also modify the way that we are doing things.”

“What is it that the [National Institutes of Health] can do to help accelerate research in this field so that we can truly understand what are the potentials, and ultimately the application, of interventions that are bought based on psychedelic drugs?” Volkow said.

The director separately told Marijuana Moment on Friday in an emailed statement that part of the challenge for the agency and researchers is the fact that psychedelics are strictly prohibited as Schedule I drugs under the federal Controlled Substances Act.

“Researchers must obtain a Schedule I registration which, unlike obtaining registrations for Schedule II substances (which include fentanyl, methamphetamine, and cocaine), is administratively challenging and time consuming,” she said. “This process may deter some scientists from conducting research on Schedule I drugs.”

“In response to concerns from researchers, NIDA is involved in interagency discussions to facilitate research on Schedule I substances,” Volkow said, adding that the agency is “pleased” the Drug Enforcement Administration recently announced plans to significantly increase the quota of certain psychedelic drugs to be produced for use in research.

“It will also be important to streamline the process of obtaining Schedule I registrations to further the science on these substances, including examining their therapeutic potential,” she said.

At Thursday’s event, the official talked about how recent, federally funded surveys showed that fewer college-aged adults are drinking alcohol and are instead opting for psychedelics and marijuana. She discussed the findings in an earlier interview with Marijuana Moment as well.

“Let’s learn from history,” she said. “Let’s see what we have learned from the marijuana experience.”

While studies have found that marijuana use among young people has generally remained stable or decreased amid the legalization movement, there has been an increase in cannabis consumption among adults, she said. And “this is likely to happen [with psychedelics] as more and more attention is placed on these psychedelic drugs.”

“I think, to a certain extent, with all the attention that the psychedelic drugs have attracted, the train has left the station and that people are going to start to use it,” Volkow said. “People are going to start to use it whether [the Food and Drug Administration] approves or not.

There are numerous states and localities where psychedelics reform is being explored and pursued both legislatively and through ballot initiative processes.

On Wednesday—during the first part of the two-day federal event that saw nearly 4,000 registrants across 21 time zones—NIMH Director Joshua Gordon stressed that his agency has “been supporting research on psychedelics for some time.”

“We can think of NIMH’s interests in studying psychedelics both in terms of proving that they work and also in terms of demonstrating the mechanism by which they work,” he said. “NIMH has a range of different funding opportunity announcements and other expressions that are priorities aimed at a mechanistic focus and mechanistic approach to drug development.”

Meanwhile, Volkow also made connections between psychedelics and the federal response to the coronavirus pandemic. She said, for example, that survey data showing increased use of psychedelics “may be a way that people are using to try to escape” the situation.

But she also drew a metaphor, saying that just as how the pandemic “forced” federal health officials to accelerate the development and approval of COVID-19 vaccines because of the “urgency of the situation,” one could argue that “actually there is an urgency to bring treatments [such as emerging psychedelic medicines] for people that are suffering from severe mental illness which can be devastating.”

But as Volkow has pointed out, the Schedule I classification of these substances under federal law inhibits such research and development.

The official has also repeatedly highlighted and criticized the racial disparities in drug criminalization enforcement overall.

Delaware Lawmakers File New Marijuana Legalization Bill With Key Equity Revisions

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