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Gov. MLG signs recreational marijuana bill despite concerns

On Monday, Gov. Michelle Lujan Grisham signed H.B. 2, which was rammed through the Legislature in a special session specifically called for recreational marijuana passage after the body failed to pass the bill in the regular session. 

The Governor called the bill, “a major, major step forward for our state. Legalized adult-use cannabis is going to change the way we think about New Mexico for the better – our workforce, our economy, our future.”

She added, “We are going to increase consumer safety by creating a bona fide industry. We’re going to start righting past wrongs of this country’s failed war on drugs. And we’re going to break new ground in an industry that may well transform New Mexico’s economic future for the better.”

The New Mexico Senate passed the Senate by a vote of 22-15, with two Democrat senators, Bobby Gonzales (D-Los Alamos, Rio Arriba, Santa Fe, and Taos) and Shannon Pinto (D-McKinley & San Juan), voting with Republicans against it.

However, the most such a bill would bring in to the state would be peanuts compared to the bloated state budget that currently sits at $7.4 billion. Proceeds from the sale of recreational marijuana would only contribute a maximum of 0.204% of the state’s needed budget or $15.1 million in the best year.

According to one report, “The state would levy a 12% excise tax on sales to start, and the tax would grow to 18% over time. Gross receipts taxes would also be added on, pushing the total tax rate to 20% to 26% overall.” 

Both chambers of the Legislature also adopted separate legislation to subsidize the Big Pot industry with $7 million in cash, despite the Governor claiming the industry would bring in money to the state. 

Sen. Joseph Cervantes (D-Doña Ana), who was conveniently absent for the final vote on H.B. 2, said, “This bill is not ready, this policy is not ready, New Mexico is not ready,” showing his concern that legalization will do more harm than good in a state plagued by drug and alcohol addiction.

“We’re not really genuinely here to debate the bill or improve the bill,” said Sen. Cervantes, D-Las Cruces. “We’re here to pass the bill.”

The Senate Democrats decisively killed just every amendment to their radical bill proposed by Republicans. Thankfully for minors in New Mexico, the previous language in prior bills allowing parents to legally provide cannabis to children under 21 was removed from the currency legislation.

The bill, however, allows adults over 21 to grow their own pot plants for personal use up to six for personal use and twelve for household use, which will expose children and minors to marijuana.

New Mexico is the 16th state to legalize recreational dope, following New York and fourteen other states. Law enforcers and family-based groups have noted how the bill would lead to more people using narcotics in the state, while these drugs will be more readily accessible to youth. These concerns fell on deaf ears by the Democrats in the Legislature and Lujan Grisham.

READ NEXT: Deep-pocketed marijuana lobby banking on Legislature’s proposals to legalize weed

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Law enforcers concerned over NM’s new recreational marijuana bill

The New Mexico Legislature rammed through Democrats’ H.B. 2, the Cannabis Regulation Act, during a special session called by Gov. Michelle Lujan Grisham after lawmakers in the Democrat-dominated Legislature failed to pass it during the regular session. Traditionally, special sessions are only called for emergencies and urgent matters such as natural disasters or pandemics.

The newly passed recreational marijuana law, which is likely to be signed into law any day now by the Governor, has many in law enforcement wary of the law opening the door for even more corrosive illicit drugs such as methamphetamine and crack cocaine being fast-tracked to legalization. 

Lea County Sheriff Corey Helton told the Carlsbad Current-Argus that he “feared the passage of legislation to legalize the use of recreational cannabis in New Mexico could be the first step in decriminalizing other current illegal substances.” He said he would “expect more of this” in the future, leading the state down a slippery slope.

Former FBI agent and current Roswell Mayor Dennis Kintigh said narcotics legalization is a destructive road to go down. 

“People who have never dealt with a family of a meth user have no concept of how destructive that drug is. Same thing for heroin and that’s the problem. These people who have these rose-colored glasses concept, ‘well it’s only a problem because it’s illegal,’ no it’s illegal because they’re problems,” he said.

“The reality is there’s a huge drug problem here in New Mexico. I believe the drug problem really flows from behavioral health issues and this has done nothing to make it better. This is basically the state serving as an enabler to encourage those who are in bad shape having real issues to continue to wallow in a situation that will ultimately destroy them.”

In states such as Colorado, which have legalized recreational weed, it has seen a dramatic increase in violent crime, traffic fatalities, and marijuana hospitalizations. And usage by minors – sometimes fatal, from eating poorly regulated marijuana candies has increased. 

“The bottom line is it’s a scheduled one narcotic. Whether you agree with it or not, it’s still on the schedule one for federal. Which means there is no use for it whatsoever and that hasn’t changed and that’s not going to change for a while,” said Eddy County Sheriff Mark Cage. 

He noted how New Mexico’s new law puts banks in jeopardy because on the federal level, financial institutions cannot do business with entities selling the illicit drug, per federal law. 

“Because they’re FDIC insured. So, they can’t do that. They’re not allowed to do that,” said Cage. “You want to legalize dope, smoke it, eat it. That’s great. The problem is it’s still illegal federally and it still has all these weird implications that we have to deal with.”

“Because our governor wanted this, and I have to wonder exactly why? Is it a money thing? It’s not definitely a money thing for our state economy, right? Is it a money thing for individuals? Or is it for votes? Maybe that’s what is. I don’t know. I’m astounded by it,” added Cage.

The new law is sure to add roadblocks for local law enforcers and leave financial institutions liable, something that Cage called the Governor putting “the cart before the horse.” It is unclear what the next step is for the Legislature in the legalization of narcotics, but if the recent legislative session proved anything, the Democrats have the votes to ram through just about anything they want. 

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Special session marijuana bill could have loophole giving minors access to drugs

On Tuesday, the New Mexico Legislature will reconvene at the behest of Gov. Michelle Lujan Grisham to reconsider a bill legalizing recreational marijuana. However, there is much confusion about what the bill under consideration is going to cover since conflicting pieces of legislation have been distributed to state legislators. One draft appears to grant minors access to marijuana through a loophole.

Sen. George Munñoz (D-Cibola, McKinley, and San Juan) told the Santa Fe New Mexican, “They were supposed to send us a copy of it today. I really don’t know what it’s going to look like. Every time I went to read one [a cannabis bill] during the session, every four hours they had a different bill.”

Sen. Joseph Cervantes (D-Doña Ana), who serves as chairman of the Senate Judiciary Committee, said, “Nobody is saying the bill is ready and should be passed from top to bottom.”

On Monday, Cervantes tweeted out, “To those calling and messaging me on marijuana legislation for special session tomorrow. I’m told we’ll get a new rewritten bill today, which addresses all issues I and others identified in our Judiciary Committee hearing during the regular session.” 

According to the Carlsbad Current-Argus, Cervantes said the bill might be split in two, with one portion dealing with recreational marijuana legalization, while another deals with “social justice” aspects to expunge records of past drug offenses. 

“You can understand how some legislators might vote for the licensing bill, but be against criminal justice reforms; and conversely, some vote the criminal justice reforms and against the licensing bill,” Cervantes said. “There are some Republicans who have said they support the principle of legalization, but may have problems expunging records and letting people out of jail.”

However, there is no certainty the bill will have the support to pass the Senate, with the Santa Fe New Mexican warning of how risky prior special sessions called by governors have been, notably Gov. Gary Johnson, who reconvened the Legislature to fix budgetary issues while falling short on a push to “close a loophole in state gasoline tax law that allowed Indian tribes to sell wholesale gas tax-free.” 

“There are plenty of ideas and, with Easter approaching, precious little time. We’ll see whether legislators can build a new industry, or just blow smoke,” wrote the New Mexican’s editorial board. 

Senator Gregg Schmedes (R-Bernalillo, Sandoval, Santa Fe, and Torrance) shared on his Facebook page what appears to be a Democrat version of the marijuana bill in contention, where it reads “It is not a violation of the Cannabis Regulation Act when: a parent, a legal guardian or adult spouse of a person under twenty-one years of age serves cannabis products to that person under twenty-one years of age on real property, other than licensed premises, under the control of the parent, legal guardian, or adult spouse.” Schmedes wrote, “Apparently Dems like the idea of giving marijuana to minors. Might want to talk to the CDC or WHO or just about any doctor first.”

Also concerning members of the New Mexico Senate is whether Pro Tem Mimi Stewart (D-Bernalillo) will force “sensitivity training” down members’ throats after she was distraught after debating Sen. Daniel Ivey-Soto over a bill regarding paid medical leave. She couldn’t answer basic questions about her bill and claimed Ivey-Soto was “abusive.” 

One Republican senator told the Piñon Post that he would reject the training if asked to do it. The senator wrote, “Ha. I will refuse. I don’t force them to do common-sense training.” 

As the special session approaches, the Governor has made it crystal clear that she is not taking “no” for an answer, and the recreational pot industry has made it clear that “social justice” provisions of the bill are “absolutely required.” 

House Republican Leader Jim Townsend said in a statement, “The past sixty days have been defined by the Governor and Democrats silencing the voice of the people, and the silence has become deafening following the crash and burn of their pot bill.”

“If legalizing marijuana is truly about the people, you would think that New Mexicans from all walks of life would have the opportunity to contribute to the process, especially when it failed so miserable[y] at the last minute due to too many cooks in the kitchen. Transparency is key to the public good, and so far all I can tell you is that transparency in this building is on shaky ground.”

Read more about Big Pot’s donations to legislators’ campaigns here.

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