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New Mexico Marijuana Legalization Bill Heads To Senate Floor Following Contentious Committee Hearing

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During a marathon hearing that stretched into the early hours on Thursday, a New Mexico Senate panel narrowly approved a bill to legalize marijuana, setting up a floor vote with just days to go before the end of the legislative session.

The Senate Judiciary Committee advanced the measure, House Bill 12, on a 5–4 vote, with Chairman Joe Cervantes (D) siding with the panel’s three Republican members in opposition. Many saw the Judiciary Committee, where a similar legalization bill died last year, as the legislation’s biggest obstacle on its path to becoming law.

The proposal has already passed the House of Representatives last month and earned the backing of key Senate leaders. Gov. Michelle Lujan Grisham (D) has also repeatedly called for the policy change and included legalization in her 2021 legislative agenda.

The bill has three major components, lead sponsor Rep. Javier Martínez (D) said at the hearing: protecting existing medical marijuana patients, ensuring racial justice in how cannabis is legalized and establishing smart regulatory and tax systems.

“Is this bill perfect? Probably not,” he acknowledged. “Should this bill move forward, should we legalize cannabis in New Mexico this year, I can assure you that we will all be up here next year, making tweaks. That’s the way it should be…because good policy and good law should be evolving, especially when we attempt to do something as big as this.”

If passed as amended, the bill would legalize possession and personal cultivation of marijuana, as well as sales from licensed retailers. Sales would be scheduled to begin April 1, 2022, initially at existing medical marijuana dispensaries and newly licensed small businesses, then opening up more widely.

The panel adopted a number of changes to the bill at the hearing, although language of the amendments weren’t immediately made available online.

One change forbids licensed cannabis producers or manufacturers from also owning a cannabis testing lab, which would create conflicts of interest. Another enacts a temporary plant limit for growers, which would be imposed only for the first three years of the program and set based on a calculated average of what other states allow. A third amendment prevents entrepreneurs from stacking multiple licenses, a provision aimed at preventing large companies from dominating the market.

A criminal justice-focused amendment, meanwhile, is aimed at ensuring that individuals don’t inadvertently publicize their past cannabis convictions while trying to have them expunged. It allows people whose convictions aren’t erased automatically under HB 12 to petition the court under seal or using a pseudonym, which supporters said will better allow individuals to clear their names.

Another technical change adjusts how cannabis taxes would be collected, restructuring multiple state- and local-level taxes into a single tax that would then be distributed back to localities. The amendment does not affect tax rates or where the revenue goes, but lawmakers said it would save the state roughly $2 million in administrative costs by structuring the system more efficiently.

The legalization proposal now proceeds to the Senate floor. If it passes, the House would then need to agree to the changes made in the Senate, or lawmakers from both chambers would need to form a conference committee to reconcile the differences between the bills. From there, the approved bill would go to the governor.

But lawmakers will need to move fast. The legislative session ends at noon on Saturday.

As Cervantes did with last year’s legislation, the chairman used his committee’s hearing to rail against the legalization bill as poorly written, going so far as to allege that its sponsors didn’t understand their own proposal and telling them to “work harder.”

“I just don’t think your bill has been very carefully read,” he said.

Cervantes and Sen. Linda Lopez (D), indicated they intend to bring additional amendments for consideration on the Senate floor.

Lopez’s amendment, which she introduced at the hearing but later said would reserve for a floor amendment, would create an equity fund for certain rural communities and make other changes requested by the New Mexico Acequia Association. HB 12’s sponsors agreed with the spirit of the amendment but said some details might need to be modified.


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.

In days leading up to the hearing, HB 12 was added and then removed from the committee agenda multiple times. Cervantes tweeted Wednesday morning that the delays were because he was waiting on amendments from the bill’s sponsors. A day earlier, he told NM Political Report that “the bill in its present form is not ready to become a law.”

Cervantes emphasized at the hearing that his goal wasn’t to torpedo the proposal procedurally, as he acknowledged some were beginning to expect.

“I think all of you know that philosophically, I don’t believe New Mexico’s ready for this,” he said, “but I would never be so arrogant to think that my personal beliefs would be a reason that we would not hear the bill or that I would hold the bill.”

Competing marijuana legislation, SB 288, by Sen. Cliff Pirtle (R), appears to have been abandoned this session. It was not voted on during the hearing despite being listed on the committee agenda. Pirtle at one point introduced an amendment to HB 12 that would have replaced the House measure with language from his own bill, but colleagues voted that down.

In comments to Marijuana Moment before the hearing, Pirtle echoed Cervantes’s criticisms of HB 12, calling it “a very poorly written piece of legislation.”

“I think it’s something that I’ve probably put more effort into than anybody in thinking through the regulation and process with regard to actual cannabis,” he said. “It seems like the focus of House Bill 12 is social justice and not how to properly regulate cannabis.”

Pirtle, the ranking Republican member of the Judiciary Committee, said he thinks lawmakers should address equity in separate legislation rather than interweave it into the cannabis bill. “I think if we could separate those, we would have much more intelligent conversations and really get down to the nitty gritty on how we need to do that, as well,” Pirtle said at the hearing.

“I really appreciate that attitude, what you’re talking about,” replied Sen. Mimi Stewart (D), “but I don’t see that happen. In actuality, I don’t see any social justice reform coming from your side of the aisle.”

HB 12, meanwhile, has social justice “embedded throughout” its various provisions, said sponsor Martínez. It would expunge many past cannabis convictions, often automatically, and includes steps designed to encourage participation in the legal industry by people most impacted by the drug war’s harms, particularly communities of color

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

Gov. Lujan Grisham, meanwhile, 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.”

The governor also included cannabis legalization as part of her 2021 legislative agenda and said earlier this year that she’s “still really optimistic about cannabis” this session despite past setbacks.

That optimism is bolstered by the fact that several anti-legalization Democrats, including the Senate president pro tem and the Finance Committee chair, were ousted by progressive primary challengers last year.

Additional pressure to end cannabis prohibition this year is coming from neighboring Arizona, where voters approved legalization in November and where sales officially launched in January. New Mexico shares another border with 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 it 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.

Congressional Marijuana Banking Bill Will Be Reintroduced On Thursday

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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