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New Mexico Marijuana Legalization Bill Filed After Governor Puts Issue On 2020 Agenda



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: 

NM legalization bill by Marijuana Moment on Scribd

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Photo courtesy of Philip Steffan.

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


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