Mixed bag for cannabis legislation in 2019


Immediately after Democratic Gov. Michelle Lujan Grisham was elected and New Mexico’s Residence of Representatives saw a significant raise of Democrats final fall, several New Mexicans speculated whether or not the state would also see cannabis legalization in 2019. The brief answer was eventually, no. But, the legislature enacted some significant alterations to the current health-related cannabis law and took at least a single step towards decreasing jail time  for the use or possession of cannabis.

Healthcare cannabis in schools (SB 204)

Senate Bill 204, sponsored by Albuquerque Sens. Candace Gould, a Republican, and Jacob Candelaria, a Democrat, and Rep. Gail Armstrong, R-Magdalena, would permit some students to use health-related cannabis whilst at college.

A couple of instances of parents fighting for their children’s access to health-related cannabis sparked the legislation this year, but the final version awaiting action from Gov. Michelle Lujan Grisham nonetheless provides some autonomy to college employees and faculty.

If signed into law, college districts or an person charter college could nonetheless opt out if they can show federal funding would be compromised by obtaining cannabis on campus. Tisha Brick, the mother of a young health-related cannabis patient was not pleased with that alter as she mentioned she has battled with her son’s college more than his use of health-related cannabis. The bill passed each legislative chambers with minimal opposition, displaying the reputation of health-related cannabis. Lujan Grisham mentioned throughout her campaign for governor that she was in favor of expanding and bolstering the state’s Healthcare Cannabis Plan, but it is nonetheless unclear exactly where she stands on this distinct challenge.

Healthcare Cannabis Adjustments (SB 406)

Initially, Senate Bill 406, sponsored by Sen. Gerald Ortiz y Pino, D-Albuquerque, produced sweeping alterations to the state’s Lynn and Erin Compassionate Use Act, like broadening the list of health-related cannabis qualifying situations. Considering that the law passed practically a decade ago, these situations have been expanded, but largely by means of rule alterations by the Division of Wellness, which oversees the Healthcare Cannabis Plan. Some of these situations, like Post Traumatic Anxiety Disorder, would be codified in law if Lujan Grisham indicators it into law. That indicates, the Division of Wellness could not get rid of them by means of a rule alter. The original bill additional expanded the statutorily mandated permitted situations, such as autism spectrum disorder and substance abuse disorder, each of which have been removed throughout the Senate committee approach. The original bill also would have permitted “any other critical health-related situation, health-related remedy or illness that a health-related practitioner believes would be alleviated by the use of cannabis,” but that was also removed in the committee approach.

But, the bill passed by the Legislature would also add some clarifications to statute like definitions for cannabis “manufacturers” and “producers” and would also process the Division of Wellness with coming up with licensing specifications for each. If signed, the law would also permit the division to approve “consumption areas” below particular situations, primarily permitting individuals to use health-related cannabis at licensed health-related cannabis establishments.

The bill also consists of related language as the “Medical Marijuana in Schools” bill, such as the opt-out provision if a college district or charter college determines they could shed federal funding for obtaining cannabis on college grounds. It is unclear how the health-related cannabis in college provision of Senate Bill 406 would effect the governor’s selection on Senate Bill 204.

3-year health-related cannabis renewal (SB 404)

This bill extended the certification period for health-related cannabis individuals. Presently, health-related cannabis individuals should renew their status as a certified patient just about every 12 months, which consists of a different recommendation from a licensed and authorized overall health care provider. If signed, Senate Bill 404, sponsored by Sen. Bill O’Neill, D-Albuquerque, would extend the certification period to 3 years, below the situation that cannabis individuals verify in with their health-related provider just about every year to identify whether or not they are nonetheless certified to use health-related cannabis. The law, if signed, would not do away with the have to have for yearly visits to health-related practitioners, but might drastically reduced the Division of Health’s operating expense, according to the bill’s fiscal effect report.  

Though complete legalization of recreational cannabis use did not occur this year, a decriminalization bill did make it to the governor’s desk. Senate Bill 323, sponsored by Sen. Joseph Cervantes, D-Las Cruces, would reduced penalties for obtaining little amounts of cannabis. Cervantes has extended opposed complete legalization, but has been sponsored bills to decrease penalties for years. According to the bill’s fiscal effect report, cannabis-associated caseloads for each prosecutors and public defenders would be lowered drastically as several instances would not need court hearings below the achievable new law, unless the charge is contested.

Cannabis regulation act(s)  (HB 356 and SB 577 )

Perhaps the largest disappointment for cannabis legalization advocates was that complete legalization for recreational cannabis use did not make it to the governor’s desk. While, several suspected 2019 was not the year for legal cannabis in New Mexico, it wasn’t for lack of attempting. Legislators introduced two bills aimed at completely legalizing the adult, recreational use of cannabis this year. In the finish, the Residence version produced it the farthest, partially thanks to a compromise to include things like language from a Senate Republican bill that would establish state-run cannabis retailers. Residence Bill 356 eventually stalled in the conservative Senate Finance Committee. Chairman John Arthur Smith, D-Deming, mentioned a single of the bill’s sponsors asked not to hold a hearing unless there have been sufficient votes to pass it, which Smith mentioned there weren’t. But, according to the Albuquerque Journal, Lujan Grisham mentioned she would include things like the challenge of legalization to the list of priorities throughout subsequent year’s legislative session. Subsequent year’s session will be focused on spending budget problems, but the governor can approve discussion of other problems.


Latest posts