New Mexicans who are following the push by many lawmakers to legalize recreational-use cannabis now have plenty of reading material.
Legislators have filed four legalization bills, two of which have identical language. All of the bills have the same general goal, but with different paths to get there and varying standards of what would and wouldn’t be allowed in a post-legalization New Mexico. Passage of any of the bills is still not a guarantee and given the history of previous cannabis legalization proposals and the legislative process in general, it is likely some pieces of the differing bills will be absorbed into one final bill.
What was once an issue with more of a binary argument, is now an issue with nuances and proponents with a variety of priorities as it gets closer to becoming reality. Just six years ago, a cannabis legalization bill sponsored by a Democrat was assigned to five committees and was never considered by its first panel. This year, lawmakers will likely shift their concerns to the best tax rate, whether the state should allow home grows and how to ensure the state’s medical cannabis program stays intact.
Likely to be one of the more contentious issues, and possibly the first one to be tossed out, the ability to legally grow cannabis at home is one of a list of things that sets HB 12 apart from the other proposals. Sponsored by Rep. Javier Martínez, D-Albuquerque, and Rep. Andrea Romero, D-Santa Fe, HB 12 would allow people to grow up to six mature plants at home. The home grow allowance is also just one of the many provisions included in HB 12 that also aligns with the Drug Policy Alliance of New Mexico’s priorities for legalization. Martínez and Romero’s bill also seeks to automatically expunge previous drug convictions under previous laws. So far, HB 12 is the only bill filed that includes automatic expungements and a community investment program for communities “disproportionately affected by past federal and state drug policies.”
Emily Kaltenbach, the state director of the Drug Policy Alliance, said Martínez and Romero’s bill comes closest to what her group would like to see in a legalization effort and that the two Senate proposals miss the mark when it comes to social and restorative justice.
“There are a lot of details that have been left out of the Senate versions that we will be advocating for inclusion, because a bill without social justice, and equity is a non-starter,” Kaltenbach said.
Another House legalization bill is sponsored by Rep. Tara Lujan, D-Santa Fe and is endorsed by the New Mexico Cannabis Chamber of Commerce. An identically written bill is sponsored by Sen. Daniel Ivey-Soto, D-Albuquerque. In a statement through the Cannabis Chamber of Commerce, Lujan said she’s open to working with her colleagues to come up with one, agreeable bill.
“We are absolutely open to, and expecting to, work with sponsors of other bills to collaborate on the final version that is sent to the governor’s desk,” Lujan said. “We know the hugely negative impact of the failed war on drugs on people of color and economically disadvantaged communities and feel that restorative justice programs deserve to be considered.”
Ivey-Soto previously told the Santa Fe Reporter that he was considering a different way to address previous convictions, although…
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