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What Joe Biden’s Presidential Victory Means For Marijuana In 2021

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Joe Biden has been projected to have won the presidential election by several major news organizations. If that sticks when all the votes are certified, and if he fulfills a key campaign promise once he gets to the White House, federal marijuana reform will be part of his administration’s legacy.

Although the Democratic former vice president has embraced decriminalizing cannabis possession, expunging past records and other modest moves, he has faced criticism over his record pushing punitive anti-drug legislation during his time in the Senate. And reform advocates have similarly taken him to task over his refusal to join the majority of U.S. voters and a supermajority of those in his own party in embracing broad adult-use marijuana legalization.

But the political dynamics that will define marijuana policy in 2021 go beyond the presidency. Despite the stated pro-reform positions of both Biden and his running mate, Sen. Kamala Harris (D-CA)—who has her own questionable record on cannabis criminalization but became the sponsor of a comprehensive legalization bill in 2019—the fate of reform still rests largely on Congress.

But it’s unclear at this point which party will control the Senate next year, with news outlets still not ready to project the results of several races and two Georgia seats appearing to be headed for January runoffs.

Democratic leaders have pledged an end to federal marijuana prohibition, and if the party wins the majority, the stage will be set for far-reaching reform.

But if Republicans maintain control of the Senate, there will be serious doubt about what kind of pull a Biden administration could have in moving marijuana legislation—even if he prioritized the issue, which remains to be seen. The past two years have shown time and again that the GOP-controlled chamber is simply unwilling to address the issue in a meaningful way.

Unlike President Trump, Biden has said on the campaign trail that his administration will pursue marijuana decriminalization and expungements for people with prior cannabis convictions. He also favors medical cannabis legalization, modestly rescheduling marijuana under federal law and letting states set their own policies without federal intervention.

“We should decriminalize marijuana,” he said during a town hall event last month, adding, “I don’t believe anybody should be going to jail for drug use.”

But at that same event, he again offered his vision for an alternative to incarceration for drug crimes that many advocates oppose: forced drug treatment.

In any case, the likelihood of marijuana reform under a Biden administration seems more promising than if Trump were to be reelected, if not for anything but the lack of clear commitments the incumbent has made on the issue during his last four years.

While Trump has voiced support for medical cannabis and said he is in favor of bipartisan legislation to protect states that legalize marijuana from federal intervention, he has not pledged any specific reforms himself. Nor does it seem he has pushed Republican lawmakers to prioritize the issue.

As noted, Biden will also be joined by Harris when he enters the Oval Office. The senator—who has been criticized over her former prosecutorial record pursuing low-level cannabis cases as a California district attorney and for campaigning against legalization in her own state—became the lead Senate sponsor of a comprehensive bill to end federal prohibition last year.

She made much of the need to legalize cannabis during her own unsuccessful run for the 2020 Democratic presidential nomination. However, her statements on the issue have been tempered since she agreed to run alongside Biden, choosing instead to focus on his more limited decriminalization and expungements plan.

Harris said last month that she has a “deal” with Biden to candidly share her perspective on a range of progressive policies he currently opposes, including legalizing marijuana, but she hasn’t indicated that she would proactively push him in that direction. The senator also said that month that the administration would have “a commitment to decriminalizing marijuana and expunging the records of people who have been convicted of marijuana offenses.”

Even so, given Biden’s former hostile approach to drug policy as a legislator and his ongoing obstinance on marijuana legalization at a time when polls show that the overwhelming share of Democrats favor the policy change, there remains some skepticism about his willingness to make good on his campaign promises to prioritize decriminalization or the other reforms he’s discussed.

He did proudly author the infamous 1994 Crime Bill—legislation that increased penalties for drug-related crimes and is considered a main facilitator of mass incarceration—after all, as well as several 1980s-era anti-drug bills. That record is a point that Trump’s reelection campaign had seized on, calling Biden the “architect” of the drug war.

Biden, for his part, has conceded that his work on punitive anti-drug legislation was a “mistake.”

That said, shortly after becoming the party’s 2020 nominee, the former vice president’s ongoing opposition to recreational legalization is suspected of being at least partly behind the Democratic National Committee platform committee’s vote against adding the reform as a 2020 party plank in July.

So it may be incumbent upon Congress to advance broad legalization after he takes office. And the likelihood of that happening will hinge largely on the makeup of the Senate.

If Democrats reclaim control of the chamber, those chances will be significantly bolstered. Senate leadership in this current Congress has been opposed to taking up reform. Senate Majority Leader Mitch McConnell (R-KY), for example, is an adamant opponent of loosening laws on marijuana, all but ensuring that reform bills would not stand a chance in his chamber even as he has championed hemp legalization. Even modest House-passed legislation focused on banking access for cannabis businesses never received a vote.

With Democrats back at the reigns, they would be positioned to bring any number of cannabis bills that have been introduced to the floor, including those calling for the end of federal marijuana prohibition. Sen. Chuck Schumer (D-NY), the current top Democrat in the chamber, who would be expected to be installed as the majority leader come January if the party wins enough of the outstanding races, said last month that he will put his own descheduling bill “in play” and that “I think we’ll have a good chance to pass it.”

Leadership in the House, which is expected to maintain a Democratic majority, albeit a reduced one, has already signaled their intention of advancing cannabis reform.

The chamber was expected to hold a floor vote on a comprehensive legalization bill—the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act—in September, but it was ultimately postponed after certain centrist Democrats argued the optics of passing the bill would be bad for them before approving another coronavirus relief package. Leadership has since committed to voting on the legislation, which also contains provisions to fund programs to repair some of the harms of the war on drugs, later this fall.

With a Democratic-controlled Senate and the party still in control of the House, it stands to reason that cannabis reform would move in the 117th Congress, even if the pace of that reform and the administration’s role in promoting it remain uncertain.

But if Republicans maintain their majority, the party’s approach to cannabis to date does not indicate leaders would be ready to embrace far-reaching reforms such as the MORE Act. That said, it is possible that banking-focused marijuana legislation—which despite its having stalled so far in the Senate, has significant bipartisan support among the rank and file in both chambers—could move.

It is also not entirely out of the question that a scaled-down proposal to simply protect people complying with state marijuana laws from federal interference—likely without the social equity and restorative justice components of Schumer’s bill or the MORE Act—could see the light of day. That possibility is boosted by the fact that voters in several Republican and swing states approved cannabis ballot measures on Election Day. Sen. John Thune (R-SD), the party’s whip, for example, now represents constituents who voted to legalize both recreational and medical marijuana by solid margins.

That said, the most vocal GOP advocate for marijuana reform in the Senate won’t be returning to Capitol Hill next year. Sen. Cory Gardner (R-CO), who unsuccessfully led efforts to convince his party to allow cannabis legislation to come to the floor for a vote in the 116th Congress, lost his reelection bid. With him not being around to prod McConnell to consider the issue, it would be up to other lawmakers—perhaps Sens. Steve Daines (R-MT), Lisa Murkowski (R-AK) or Rand Paul (R-KY)—to make the case to leaders that the issue is a winning one worth advancing.

Outside of Congress, Biden could also make moves to advance cannabis reform administratively.

He could, for example, reinstate a version of the Obama-era Justice Department memo that directed federal prosecutors to generally not interfere with state marijuana laws, which was rescinded by the Trump administration in 2018. It is also within the power of the executive branch to reschedule marijuana under the Controlled Substances Act. Biden has pledged to make a move to Schedule II, though that would not achieve many of the changes advocates seek.

The president has the unilateral authority to grant acts of clemency, including pardons and commutations, to people who have been convicted of federal marijuana or other drug offenses. He also gets to appoint an attorney general, drug czar and other officials who will make decisions on how the federal government handles the issue—though many of those officials will be subject to Senate confirmation.

For his part, Rep. Earl Blumenauer (D-OR) told Marijuana Moment in August that “the Biden administration and a Biden Department of Justice would be a constructive player” in advancing legalization.

But in the end, while Biden has come around to the idea of removing criminal penalties for marijuana possession, and he is now advocating for clearing the records of those who’ve been punished for such crimes, his longstanding record of opposing reform and embracing punitive drug policies continue to leave questions about what actions he’ll be willing to take post-election.

He remains out of step with the majority of his party and U.S. voters more broadly on the question of legalization, and it doesn’t seem likely that cannabis reform would be at the top of his agenda. That said, his recent pivot in favor of decriminalization and medical cannabis legalization indicates that he recognizes that a tough-on-crime approach to drugs is no longer politically acceptable to voters and signals that further evolution in his position on cannabis is possible.

Seven In Ten Americans Support Marijuana Legalization, New Gallup Poll Shows

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.

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

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Washington, D.C. Could Allow Marijuana Sales Under Mayor’s New Bill And Democratic Control Of Congress

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The mayor of Washington, D.C. on Friday introduced a bill to create a regulated marijuana market in the District. And while similar legislation has been introduced in past years, the new proposal comes as Democrats take control of both chambers of Congress—a situation that bodes well for removing a federal spending rider that has long blocked legal cannabis sales from being implemented in the nation’s capital.

In other words, there’s renewed hope among advocates that 2021 will finally be the year that a commercial cannabis industry can be established in D.C., where voters approved an initiative legalizing marijuana possession and home cultivation in 2014. Congressional appropriations legislation has since prevented the District from authorizing sales, with Republicans in the majority in at least one chamber on Capitol Hill.

Mayor Muriel Bowser’s (D) bill largely reflects past proposals, though it does include new licensing provisions and funding mechanisms that are meant to bolster social equity in the industry.

“This is about safety, equity, and justice,” Bowser said in a press release. “Through this legislation, we can fulfill the will of D.C. voters, reduce barriers for entering the cannabis industry, and invest in programs that serve residents and neighborhoods hardest hit by the criminalization of marijuana.”

Under the Safe Cannabis Sales Act, adults 21 and older would be allowed to purchase marijuana from licensed dispensaries starting October 1, 2022. A 17 percent tax would be imposed on cannabis sales.

The bill would provide for automatic expungements of prior marijuana convictions and use part of the tax revenue from cannabis sales to support reinvestments in communities most impacted by prohibition. It would also create a new licensing category for delivery services, with a stipulation that eligibility is continent on residency and income factors, such as requiring owners to have lived in certain low-income wards for at least five years.


Marijuana Moment is already tracking more than 700 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 proposal calls for some tax revenue to be used for grants to be awarded to “locally disadvantaged certified business enterprises to open/expand sit-down restaurants in Wards 7/8. Additional monies would be used to support small grocery stores in those areas. Starting in fiscal year 2023, revenue would fund “school supplies, equipment, and afterschool sports and activities for students attending public schools” in those wards.

With respect to licensing, the legislation would also provide “preference points for certain cannabis business applications for returning citizens or D.C. residents arrested or convicted of a cannabis offense or to a cannabis certified business enterprise or veteran owned business enterprises.”

The activist group D.C. Marijuana Justice expressed concerns with several provisions of Bowser’s bill, including that it could limit the amount of cannabis that people could possess after growing the plant at home under the city’s current law.

Last year, the mayor released a budget plan for the 2021 fiscal year that contained a signal that the local government was preparing to implement regulations for retail marijuana sales just as soon as Congress allowed it by shifting the city’s current medical cannabis program to the jurisdiction of the Alcoholic Beverage Regulation Administration (ABRA).

Bowser also unveiled a legalization bill in 2019, and part of it called for ABRA to regulate the legal industry and for the agency to be renamed the Alcoholic Beverage and Cannabis Administration, a change that is also included in the mayor’s latest legislation.

Meanwhile, next door to the District, lawmakers in Virginia sent a marijuana legalization bill to the desk of Gov. Ralph Northam (D) on Saturday. On the other side of the city, legislators in Maryland are also considering legalizing cannabis this year.

In D.C., Bowser approved legislation in December to decriminalize possession of drug paraphernalia for personal use and promote harm reduction.

Activists filed a proposed ballot initiative to legalize marijuana sales in August, but it did not advance.

Separately, a local councilman introduced a bill in October that would expand opportunities for formerly incarcerated people to participate in the city’s existing medical cannabis market. The new legislation from Bowser would specifically make it so “returning citizens and D.C. residents with a criminal background” could work or manage a marijuana businesses. And those with past cannabis convictions could own a marijuana business.

Read the mayor’s marijuana sales bill below: 

Safe Cannabis Sales Act of … by Marijuana Moment

Marijuana Use Won’t Automatically Block People From Federal Jobs, Biden Administration Memo Says

Photo courtesy of WeedPornDaily.

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Virginia Lawmakers Send Marijuana Legalization Bill To Governor’s Desk Just Hours Before Deadline

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Virginia lawmakers approved a bill to legalize marijuana with just hours left before the deadline to get legislation to the governor this session.

The Senate and House of Delegates approved differing reform proposals earlier this month, and negotiators have since been working to reconcile the bills in conference committee—a contentious process that at times appeared as if it would end without a deal.

But on Saturday, lawmakers agreed to the bicameral compromise plan.

The Senate voted 20-19 to approve the conference committee report on its bill as well as the identical version for the House legislation. The House voted to approve the conference report on its bill, 48-43, with two abstentions. When considering the Senate version, the House voted 47-44, with one abstention.

“It’s been a lot of work to get here,” Sen. Adam Ebbin (D), the lead sponsor of the Senate version of the legislation, said prior to the Senate vote. “But I would say that we’re on the path to an equitable law allowing for responsible adults to use cannabis.”

House Majority Leader Charniele Herring (D), the chief sponsor of the her chamber’s legalization bill, said that “racial justice is about more than addressing penalties for simple possession.”

“It is about reformative justice that provides equitable and social economic opportunity for individuals and communities which have been harmed by disproportionate policing and prosecution of cannabis,” she said. “Legalizing cannabis does not end systematic racism but it does remove one of the tools used in advancing systematic racism.”

The compromise legislation now goes to the desk of Gov. Ralph Northam (D), who supports ending cannabis prohibition.

Among the most pressing issues for lawmakers to negotiate in recent weeks was the timeline for crafting regulations for the cannabis market. The Senate has pushed for a reenactment clause to be included which would extend the process into next session, whereas the House side wanted to complete legislative work during the current session, arguing that enough research has already been done to effectively decide the issue. But Senate negotiators won out, meaning that the legislature will revisit cannabis regulations and post-legalization penalty structures next session.

Another major area of contention dealt with how the state would approach cannabis possession in the time between the bill’s signing and implementation of legal sales going into effect. Under both versions, the adult-use market wouldn’t launch until January 1, 2024 to give the state time to establish a regulatory agency to oversee the program. While the Senate had wanted to make the legalization of simple possession and home cultivation take effect starting on July 1 of this year, negotiators ultimately agreed to delay it to coincide with commercialization in 2024.

In the meantime, under the deal, a new Virginia Cannabis Control Authority will begin work this July to lay the ground for a legal marijuana industry.

Here are some of the other major provisions that were resolved in conference: 

Referendum—The Senate version of the bill would have asked voters to weigh in on legalization through a nonbinding referendum on this November’s ballot. But the issue became increasingly contentious in recent days and conference negotiators decided to drop the idea.

Local control—Whereas the Senate measure called for individual cities to be able to ban marijuana businesses from operating in their area, the House version did not include an opt-out provision. Conferees decided to allow municipalities to elect to ban cannabis commercialization, but they must do so by December 31, 2022.

Penalties for youth—Under the House bill, minors caught possessing cannabis would be subject to a $25 fine with a referral to substance misuse treatment. The Senate, meanwhile, proposed a $250 fine for youth possession for the first offense and then criminal charges and even jail time for subsequent convictions. The agreed-upon final legislation would continue the current approach of treating youth possession as a delinquency, subject to a civil penalty of up to $25, but add a mandatory substance misuse treatment or education program or both. There would be no interaction with courts for such youths. For people between the ages of 18 and 20, the conference deal would continue the existing $25 fee that exists under the state’s decriminalization law and add that they may be ordered to enter a treatment or education program or both.

Social equity—Both versions of the legislation called for licensing priorities for social equity businesses, but there were differences in how each chamber defined what constitutes a social equity applicant. The final legislation defines an equity business as one that has at least 66 percent ownership by people who have been convicted of misdemeanor marijuana offenses (or have family members with such convictions) or people who live in a geographic area that is economically distressed or has a disproportionate rate of cannabis policing. People who graduated from a historically black college or university located in the state would also qualify. Also, beginning on July 1, the state would establish Cannabis Equity Reinvestment Fund and a Cannabis Equity Business Loan Fund.

Vertical integration—The House’s measure would ban vertical integration, a process that would allow a single company could control aspects of growing, processing and selling marijuana products. The Senate, meanwhile, wanted to allow vertical integration only if a cannabis business paid a $1 million fee into a state equity fund. Under the final legislation, vertical integration will be generally limited but will allow existing medical cannabis and hemp businesses to partially vertically integrate. Micro-businesses will also be able to vertically integrate.

In general under the legislation, adults 21 and older would be able to purchase and possess up to one ounce of cannabis and cultivate up to four plants for personal use. It also allows people to petition for suspended or modified sentences for marijuana convictions and establishes criteria for sealing past records.

The bill would set a cannabis excise tax of 21 percent and allow localities to add an additional 3 percent tax on top of the state’s existing 6 percent retail sales tax. Revenue would partly fund pre-K education programs for at-risk youth and would support the new equity funds as well as addiction prevention and treatment services and public health initiatives.


Marijuana Moment is already tracking more than 700 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 proposal would create a new cannabis-focused state agency to regulate the legal market as opposed to having it fall under the existing alcoholic beverage authority as was the case under the governor’s original plan.

Post-legalization penalties set to go into effect in 2024, which are subject to renewal by the legislature next session, would include a $25 fine for possessing between one ounce and one pound in public. For public consumption, there would be a civil penalty of no more than $25 for first offense. A second offense would come with a $25 civil penalty and an order to enter a substance misuse treatment or education program, or both. Third or subsequent offenses would constitute a Class 4 misdemeanor with no possibility of jail time. Meanwhile, bringing marijuana across state lines would be a Class 1 misdemeanor.

Now that the final bill is headed to Northam’s desk, the governor will have the opportunity to suggest amendments to lawmakers, who can then adopt the suggestions as is or change or reject them, at which point the bill would go back to the governor for final action.

Jenn Michelle Pedini, executive director of Virginia NORML, said the bill’s passage “is another historic step for cannabis justice” that will “replace the failed policy of cannabis prohibition with one that promotes Virginia’s economy as well as Virginians’ public health and safety.”

“This effort remains a work in progress and our efforts in Virginia are far from over,” Pedini, who also serves as NORML’s national development director, said. “NORML is dedicated to continuing our work with lawmakers and regulators to advance legislative reforms that are most closely aligned with the views of the majority of Virginians who desire a safe, legal cannabis market. In particular, we hope to expedite the timeline with which Virginia adults will no longer face either criminal or civil penalties for the personal possession and cultivation of cannabis.”

Matt Simon, senior legislative analyst for the Marijuana Policy Project, said it’s “exciting that Virginia is on track to end cannabis prohibition and replace it with sensible regulation.”

“Lawmakers in other states are already taking notice and seeking to learn from Virginia’s example,” he said.

Earlier on Saturday, the ACLU of Virginia and other groups had urged lawmakers to defeat the final proposal prior to the release of its actual text, saying that the provisions as described in media reports showed it to be a “symbolic marijuana legalization bill made behind closed doors that does not advance the cause of equal justice and racial justice.”

The Virginia NAACP argued that the bill, based on press accounts, “includes Systemically Racist probable cause provisions” and pledged that its members “will not stand by while Jim Crow’s sister Jane tries to creep her way into Virginia law.”

But after the bill’s text came out, NAACP issued an updated statement saying that while the final legislation “is not perfect, it’s a step in the right direction.”

The ACLU, for its part, maintained its opposition, saying that lawmakers “failed to legalize marijuana for racial justice” and “paid lip service to the communities that have suffered decades of harm caused by the racist War on Drugs with legislation that falls short of equitable reform and delays justice.”

All of this legislative action comes a little over a month after Northam and top lawmakers initially unveiled their legalization proposal.

The cannabis legislation’s structure was informed by separate studies conducted by a legislative research body and a working group made up of state cabinet officials.

Support for legalizing marijuana is strong in Virginia, according to a poll released this month. It found that a majority of adults in the Commonwealth (68 percent) favor adult-use legalization, and that includes most Republicans (51 percent).

The legislature has also taken up a number of other more modest cannabis reform proposals this session.

Bills to allow medical patients to access whole-flower cannabis in addition to oils, facilitate automatic expungements for certain marijuana convictions, protect employment rights of medical cannabis patients and allow those in hospice and nursing facilities to access medical marijuana have also advanced this session.

Virginia lawmakers passed separate legislation last year that decriminalized possession of up to an ounce of marijuana, replacing existing penalties with a $25 civil fine and no threat of jail time. The law took effect last July.

Read a summary of the provisions of the Virginia marijuana legalization conference report below:

Virginia Marijuana Legalization Conference Details by Marijuana Moment on Scribd

New Mexico House Approves Marijuana Legalization Bill, With Senate Action Imminent

Photo courtesy of Philip Steffan.

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New Mexico House Approves Marijuana Legalization Bill, With Senate Action Imminent

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The New Mexico House of Representatives on Friday approved a bill to legalize marijuana in the state, one day ahead of a scheduled Senate committee hearing on that chamber’s separate proposals to end cannabis prohibition.

The legislation that cleared the House—which would allow adults 21 and older to possess “at least” two ounces of cannabis and grow up to six mature and six immature plants for personal use—recently sailed through two committees before moving to the floor, where it was approved in a 39-31 vote.

The measure is favored by reform advocates because—unlike other House and Senate reform measures that have been introduced this session—it would prioritize using tax revenue from marijuana sales to support reinvestments in communities most impacted by the war on drugs. It also stands out for including provisions to automatically expunge prior cannabis convictions.

Meanwhile, the Senate Tax, Business & Transportation Committee will take up three separate legalization bills on Saturday.

Rep. Javier Martinez (D) introduced the House legislation, which would establish a system of regulated marijuana sales. It would require rules for the market to be implemented by January 2022.

“As I dove into this work years ago, I realized that, to me, legalizing recreational cannabis is not about the money,” Martinez said on the floor prior to the vote. “It’s a great revenue source for the state, but that’s not why I’m doing it.”

“Legalizing adult use of cannabis is probably going to be good for tourism. Legalizing is probably going to be good in terms of creating jobs and a new homegrown industry,” he said. “But really when you get to the core of why I’m doing this and why I’ve worked on this for so long, it’s because I have seen the faces of the people who have most been impacted by this terrible and unwinnable war on drugs. It’s one that we cannot win.”

The Taxation & Revenue Committee approved a substitute version of the measure on Wednesday that includes a number of changes, including moving the start of legal sales back to January 1, 2022 from October 1 of this year. That would apply to existing medical cannabis dispensaries and microbusinesses, with sales for other retailers set to start September 2022.

Language was also removed in committee that earmarked tax revenue for a community reinvestment fund and a low-income patient subsidy program. The fund accounts will still be created, but it would be up to lawmakers to steer money to them in future sessions once cannabis revenue starts coming in.

Other modifications include language on regulatory authority for the cannabis market, allowing health and safety inspections of businesses, addressing workplace and employment issues, replacing fines and fees for youth who violate the law with a civil infraction penalty, stipulating that people can petition for resentencing for offenses made legal and adjusting the state excise tax on marijuana from nine percent to eight percent while giving local jurisdictions the option to levy an additional four percent tax.

On the floor on Friday, members additionally accepted a technical amendment to add back in a section of the bill that had been inadvertently deleted by committee staff.

Rep. Randal Crowder (R) offered an amendment to allow local jurisdictions to opt out of allowing marijuana businesses. But after it was pointed out to him that its broad language would have unintentionally impacted medical cannabis operations as well as recreational ones, he withdrew it. A second, revised version, was more narrowly drafted to focus only on adult-use operations, but it was blocked by a successful motion to table it.

“Cannabis legalization in New Mexico is one step closer to the finish line,” Emily Kaltenbach, senior director of resident States and New Mexico for the Drug Policy Alliance, said after the vote. “After tonight’s debate, we’re even more optimistic that this bill has a path to the governor’s desk.”

She argued that the House bill is superior to the three measures the Senate panel will take on Saturday.

“Given HB 12 puts the lives of New Mexicans ahead of solely business interests, it is critical it be the vehicle for legalization as the issue moves forward,” she said. “HB 12 legalizes cannabis in an equitable way that begins to repair the harms that have disproportionately impacted Hispanic/Latinx, Black, Native and Indigenous people in New Mexico. New Mexicans are absolutely ready to see marijuana legalization become a reality in the state, but they have made it clear that repairing the damage done by the drug war is non-negotiable.”

For her part, Gov. Michelle Lujan Grisham (D) 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 last month 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 that she released last month and said in a recent interview that she’s “still really optimistic about cannabis” this session.

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 earlier this month.

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 April.

Last year, a bill to legalize cannabis for adult use passed one New Mexico Senate committee only to be rejected in another before the end of the 30-day session.

Earlier, in 2019, the House 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.

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.

Last May, the governor signaled that 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.

Washington Supreme Court Strikes Down Criminalization Of Drug Possession

Photo courtesy of Mike Latimer.

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