New Mexico Senate and House Both Introduce Marijuana Legalization Bills – But Only One Centers Social Justice

Santa Fe, NM – With the New Mexico Senate and House of Representatives both expected to introduce marijuana legalization bills today, Emily Kaltenbach, Senior Director for Resident States and New Mexico for the Drug Policy Alliance, released the following statement:

“Today, it is expected both the New Mexico Senate and House of Representatives will introduce cannabis legalization bills.  Although there are some similarities between these bills, there is a stark difference in who is prioritized by each.  The Senate version fails to include comprehensive social justice and equity provisions that are necessary to right the wrongs of the failed war on drugs.  

Legalization must be responsive to the lives of New Mexicans, not solely business interests, and that means centering social justice, as the House version introduced by Representative Martinez does.

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. Any legislation considered this session must reinvest back into communities most harmed by drug prohibition, particularly Hispanic/Latino, Black and Native populations in New Mexico.”

As New Mexico considers the end of cannabis prohibition, any legislation that moves forward in New Mexico should be comprehensive and contain these key provisions:

• Equity in the New Marketplace
  • Allow individuals with prior cannabis convictions to work in the new cannabis industry and to apply and receive a license.
  • Create a microbusiness license that would be given priority to be licensed first, creating an opportunity for small New Mexico businesses to enter the marketplace while requiring other licensing fees to be scaled on the size of the business.
  • Require the state to create a social and economic plan to encourage diversity in licensing.
  • Authorize the Executive to enter into intergovernmental agreements with Indian Nations, Tribes, and Pueblos regarding the implementation and compliance in connection with legalization.
• Protections for the Use of Cannabis
  • Prohibit police from stopping and searching an individual or vehicle based on the smell of cannabis alone.
  • No denial of public benefits or health care based on cannabis use or a positive cannabis drug test.
  • Prohibit prior cannabis convictions to bar anyone from licensure or employment of any kind.
  • Conduct allowed under the new law shall not in itself constitute grounds for intervention, removal or placement into state custody of a child; denial of custody or visitation; and, presumption of neglect of child endangerment.
• Community Reinvestment
  • Invest a significant portion of revenue generated by cannabis sales back into communities most harmed by unfair enforcement of cannabis laws through the creation of a Community Reinvestment Fund.
  • One-time allocation from cannabis sales to fund an upgrade to the State’s criminal justice data system to allow for automatic expungement and resentencing of past cannabis convictions.
• Protecting Medical Cannabis Patients
  • Invest a portion of cannabis revenue into a subsidy fund to support low-income medical cannabis patients.
  • Eliminate GRT on medical cannabis sales.
• Protecting the Public’s Health
  • Fund a public education campaign that educates the community about the potential harms of use and educates adults on responsible use.
  • Limit advertising and marketing and include packaging restrictions to the greatest extent possible to restrict exposure to minors.
• Reducing Criminalization
  • Automatically expunging records of people with past cannabis convictions and resentencing and releasing people who are currently incarcerated, on probation, parole, or under supervision for cannabis convictions.  
  • Create a reasonable penalty structure for remaining and new penalties. Create civil fines instead of criminal penalties where appropriate. 
  • Allow personal cultivation (home grow) of a small number of plants for recreational use.

Background
In December, 2020, the U.S. House of Representatives passed the Marijuana Opportunity Reinvestment & Expungement (MORE) Act that frames cannabis reform as a racial justice and equity mandate.  The MORE Act was the first piece of comprehensive cannabis reform legislation that decriminalizes marijuana—and the only one centered in reparative justice—to pass either chamber of Congress.  Arizona and New Jersey passed legalization proposals this past year that center equity and racial justice as well, with New York considering similar legislation in their current session.

Nearly three out of four New Mexicans approve of cannabis legalization with provisions in place to ensure tax revenue is reinvested back into communities, including 94% of Democrats, 93% of Independents and 46% of Republicans.