One day after the governor of New Mexico formally included marijuana legalization in her 2020 legislative agenda, lawmakers have filed a comprehensive reform bill that would accomplish that goal.
The legislation, introduced by Sen. Jerry Ortiz y Pino (D) and Rep. Javier Martinez (D), would allow adults in the state to possess and purchase cannabis from licensed retailers.
It also includes a number of restorative justice and social equity provisions, such as automatically expunging prior marijuana possession convictions, promoting participation in the market by small and tribal-owned businesses and providing for microbusiness licenses.
If the measure successfully moves through the legislature and arrives on Gov. Michelle Lujan Grisham’s (D) desk, New Mexico is all but certain to become the 12th state in the U.S. to legalize marijuana, as lawmakers are convening for a short, 30-day session that starts on January 21.
While home growing would not be legally permitted under the bill, its provisions would decriminalize the activity by making cultivation of up to three plants and six seedlings punishable by a $50 fine without the threat of jail time. Anything more than that amount would be considered a fourth degree felony, however.
“Having worked towards cannabis legalization in New Mexico for the better part of the last decade, we are excited by the possibility for New Mexico to become the 12th state in the country to legalize and regulate cannabis,” Emily Kaltenbach, New Mexico state director for the Drug Policy Alliance (DPA), said in a press release. “Senator Ortiz y Pino and Representative Martinez’s legislation puts local communities and New Mexican families first.”
There are other unique provisions of the legislation. For example, it would eliminate the gross receipts tax for medical cannabis sales, mandate that recreational dispensaries service registered patients and create a subsidy program for low-income patients to access marijuana.
It would also encourage young people to stay in the state by partnering with community colleges and trade schools to ensure that income and housing situations are not barriers to an education needed to gain industry skills.
The 173-page bill contains a number of other regulations aimed at protecting public safety, including strict advertising rules and labeling and packaging requirements.
A nine percent excise tax would be imposed on recreational cannabis sales. Revenue from those taxes would go toward public health education initiatives designed to prevent youth from obtaining cannabis, substance misuse treatment programs, housing and job training and educational programs throughout the state, according to a summary from DPA.
“New Mexicans want to do legalization the right way. That starts by: protecting our children and our environment; making sure our roads are safe; putting medical cannabis patients first; and reinvesting back into communities most harmed by prohibition,” Kaltenbach said. “Legalizing cannabis for adult use is an opportunity to grow New Mexico, keeping us true to our values and the things we care most about: the wellbeing of our children, community health, a clean environment and the future of our state.”
The governor ran on legalizing cannabis in 2018, but while reform legislation did pass the full House of Representatives as well as a Senate committee, it ultimately stalled. Lujan Grisham later formed a working group to study the issue and make recommendations, and that panel released a report in October stating that legalization legislation should include automatic expungements and provisions to promote equity in the industry.
The group also commissioned a poll that came out last month showing that 75 percent of New Mexicans are in favor of legalization.
While legalization didn’t come to fruition last session, the governor did sign a more limited bill to decriminalize marijuana possession.
Read text of the New Mexico marijuana legalization bill below:
Photo courtesy of Philip Steffan.
Virginia Marijuana Decriminalization Gets Closer To Governor’s Desk With New Amendments
One week after bills to decriminalize marijuana in Virginia were passed by both the House and Senate, they advanced again on Wednesday in committee votes, where they were revised in an effort to ease the path to the governor’s desk.
The goal was to make the language of the bills identical, with lawmakers hoping to streamline the process by avoiding sending differing pieces of decriminalization legislation to a bicameral conference committee to resolve differences.
The House of Delegates and Senate were under pressure to approve their respective versions of decriminalization ahead of a crossover deadline last week. After clearing floor votes in their respective chambers, the Senate-passed bill was sent to the House Court of Justice Committee, while the House’s legislation was referred to the Senate Judiciary Committee.
Those panels amended the bills and advanced them on Wednesday, with senators voting 10-4 to advance the revised legislation and delegates voting 8-5. However, the Senate panel also struck a part of the text of a compromise substitute version concerning a record clearing provision while the House committee accepted the substitute as offered.
That means it will be up to the Finance Committees to resolve the remaining differences if lawmakers hope to skip the conference step prior to full floor votes in both chambers.
Regardless of the unexpected complication, advocates said the new committee actions represent a positive development.
“Fortunately, the patrons were able to reach a consensus and move the bills forward,” Jenn Michelle Pedini, executive director of Virginia NORML, told Marijuana Moment. “Virginians have waited long enough for this important step, one that will dramatically reduce both marijuana arrests and the collateral consequences that follow such charges.”
The legislation as amended would make possession of up to one ounce a civil penalty punishable by a $25 fine without the threat of jail time. Currently, simple possession is punishable by a maximum $500 fine and up to 30 days in jail.
A provision that would have allowed courts to sentence individuals to up to five hours of community service in lieu of the civil penalty was removed with the latest revisions. The bill also stipulates that juveniles found in possession of cannabis will be treated as delinquent, rather than go through a less punitive process for a “child in need of service.”
Language providing a means to seal prior records for marijuana convictions was successfully reinserted into the House Courts of Justice Committee-passed bill after it was previously removed and placed in a separate expungement bill. That latter legislation is stalled, so lawmakers put it back into the decriminalization measure via the substitute to ensure its enactment.
The Senate Judiciary moved to delete that section, however, creating complications for avoiding a conference committee.
Meanwhile, the House Rules Committee voted in favor of a separate Senate-passed resolution on Wednesday that calls for the establishment of a joint commission to “study and make recommendations for how Virginia should go about legalizing and regulating the growth, sale, and possession of marijuana by July 1, 2022, and address the impacts of marijuana prohibition.” That vote was 12-5.
That’s a significant step, as the legislature is generally reluctant to enact bold reform without first conducting a study on the issue.
While Gov. Ralph Northam (D) is in favor of decriminalization, including a call for the policy change in his State of the Commonwealth address last month, he’s yet to embrace adult-use legalization. That said, Attorney General Mark Herring (D), who is running to replace the term-limited governor in 2021, said he’s optimistic that Northam will come around on the issue.
Herring organized a cannabis summit late last year to hear from officials representing states that have already legalized marijuana. That’s one tool he said the governor could use as he considers broader reform.
For now, Virginia seems to be on the path to become the 27th state to decriminalize marijuana, and the first to do so in 2020. Last year, three states—New Mexico, Hawaii and North Dakota—also approved the policy change.
Alabama Lawmakers Approve Medical Marijuana Legalization Bill
An Alabama Senate committee approved a bill on Wednesday that would legalize medical marijuana in the state.
The legislation would allow patients with qualifying conditions to purchase cannabis products from licensed dispensaries. It would be a limited system, however, prohibiting patients from smoking or vaping marijuana.
The Senate Judiciary Committee cleared the bill in a 8-1 vote, with one abstention. The next stop for the legislation will be the Senate floor.
The proposal would establish the Alabama Medical Cannabis Commission, which would be responsible for overseeing a patient registry database, issuing medical cannabis cards and approving licenses for marijuana dispensaries, cultivators, transporters and testing facilities.
This vote comes two months after a panel created by the legislature, the Medical Cannabis Study Commission, issued a recommendation that Alabama implement a medical cannabis program.
The full Senate approved a medical cannabis legalization bill last year, but it was diluted in the House to only provide for the establishment of the study commission. Sen. Tim Melson (R) sponsored both versions of the legislation and served as chairman of the review panel.
The current bill has been revised from the earlier version. For example, this one does not require patients to exhaust traditional treatment options before they can access medical cannabis.
The committee also approved a series of amendments by voice vote, including several technical changes to the bill. Another one would shield physicians from liability for recommending medical cannabis. One would clarify that employees are ineligible for workers’ compensation for accidents caused by being intoxicated by medical cannabis, which is the same standard as other drugs.
Watch the Alabama Senate Judiciary Committee debate and vote on medical cannabis below:
Members also agreed to an amendment creating a restriction on who can be on the cannabis commission.
While it’s not clear how the House would approach the bill if it advances to the chamber this year, the speaker said this week that he’s “in a wait and see mode” and commended Melson for his work on the measure. The state’s attorney general, meanwhile, sent a letter to lawmakers expressing opposition to the reform move.
Under the measure, patients suffering from 15 conditions would qualify for the program. Those include anxiety, cancer, epilepsy and post-traumatic stress disorder. Patients would be able to purchase up to a 70-day supply at a time, and there would be a cap of 32 dispensaries allowed in the state.
Prior to the vote, committee heard from a series of proponents and opponents, including parents who shared anecdotes about the therapeutic benefits of cannabis for their children. Interest in the reform move was so strong that an overflow crowd has to be moved to a separate hearing room.
“Sometimes people are not able to empathize with others who have gone through something. I guarantee you if one of relatives, members of the legislature, went through something like the testimonies that we’ve heard today, they would want it,” Sen. Vivian Figures (D) said. “But they would probably have the means to fly somewhere and get it.”
One thing we're watching on Goat Hill today is the medical marijuana bill. Alabama is one of only 17 states where medical cannabis remains illegal. https://t.co/V8CK8nm6mm
— Alabama Democrats (@aldemocrats) February 19, 2020
There would be a number of restrictions under the bill when it comes to advertising. It would also require seed-to-sale tracking for marijuana products, set packaging and labeling requirements and impose criminal background checks for licensed facility employees.
A nine percent tax would be levied on “gross proceeds of the sales of medical cannabis” sold at a retail medical cannabis dispensary. Part of those funds would go toward creating a new Consortium for Medical Cannabis Research, which would provide grants to study the plant.
Last year, the Senate Judiciary Committee also approved a bill to decriminalize marijuana.
Photo courtesy of Philip Steffan.
Ballot Language Approved For Washington, D.C. Psychedelics Decriminalization Measure
The campaign to decriminalize psychedelics in Washington, D.C. took another step forward on Tuesday, with the Board of Elections approving a short title and summary statement for the ballot initiative.
This comes about two weeks after the board ruled that the proposal is lawful under city rules and can proceed. There were some questions about whether a congressional rider prohibiting the District from using its local dollars to lower penalties for Schedule I drugs would disqualify the measure, but the body agreed with activists that it did not.
The initiative wouldn’t change local laws banning entheogenic substances like psilocybin and ayahuasca. Rather, it would make enforcement of those laws among the District’s lowest priorities and call on the D.C. attorney general and the District’s federal prosecutor to end prosecutions of such offenses.
The new board-approved short title and summary statement reads as follows:
“Entheogenic Plant and Fungus Policy Act of 2020”
If enacted, this Initiative would:
-Make the investigation and arrest of adults for non-commercial planting, cultivating, purchasing, transporting, distributing, possessing, and/or engaging in practices with entheogenic plants and fungi among the Metropolitan Police Department’s lowest law enforcement priorities; and
-Codify that the people of the District of Columbia call upon the Attorney General for the District of Columbia and the United States Attorney for the District of Columbia to cease prosecution of residents of the District of Columbia for these activities.
“Decriminalize Nature D.C. was very pleased with today’s hearing,” Seth Rosenberg, a spokesperson for the group behind the proposed ballot measure told Marijuana Moment. “The final language of Initiative Measure 81 is very close to our proposed language, and we are grateful that the [Board of Elections] saw the value in bringing this measure to the citizens of Washington D.C. We are even more excited about getting the petition process started to get on the 2020 ballot.”
The short title and summary will be published in the D.C. Register next week, following which point a 10-day challenge period will be opened. After the close of the comment period on March 9, the panel will then the hold another meeting to give final approval to the language.
Once the title and summary get final approval, organizers will have to collect about 25,000 valid signatures from voters within 180 days in order to qualify for the November ballot.
“The Campaign’s message of education, including the safe use of medicinal and sacred plants and fungi, is finding an increasingly receptive audience across all levels of society as more and more people are seeking help for themselves or loved ones,” Melissa Lavasani, spokesperson for Decriminalize D.C., said in a press release.
Beyond pursuing decriminalization through the ballot, Lavasani told Marijuana Moment in an interview last month that it would also be pushing for District Council action and that the ballot serves partly as an educational tool to show legislators that there’s public support for the policy change.
The psychedelics reform movement has made significant strides this past year. After Denver became the first city in the U.S. to decriminalize psilocybin mushrooms, Oakland’s City Council followed suit and made a wide range of entheogenic substances among the city’s lowest law enforcement priorities. Organizers there are now hoping to legalize the sale of such plants and fungi.
Santa Cruz became the third city to decriminalize the substances in a Council vote last month. And activists in more than 100 cities are pushing to implement similar policies, according to Decriminalize Nature.
California activists are also collecting signatures to put psilocybin mushroom legalization on the state’s 2020 ballot. In Oregon, a campaign to legalize psilocybin for therapeutic use is underway.
Read the full short title and summary of the D.C. psychedelics decriminalization measure below: