Hot on the heels of New Jersey and New York states, New Mexico dropped legislature to legalize adult-use cannabis. The Cannabis Regulation Act passed after a special legislative session. State governor Michelle Lujan Grisham told the press, her “signing pen is ready” and she did exactly that.
The bill establishes a licensing and regulatory framework for creating New Mexico’s cannabis industry. Broken up into two bills, the second being expungement of criminal records, passed this week. This was a vital component of the legalization bill. It did not pass earlier in the regular sessions. But proponents of the bill(s) thought including expungement was imperative. Dealing with an enforced ban on cannabis under federal law and its disproportionate impact on people of color had to be part of any agreement.
According to a report released by the American Civil Liberties Union in 2020, “on average, a Black person is 3.64 times more likely to be arrested for marijuana possession than a white person, even though Black and white people use marijuana at similar rates.”
What Does the Expungement Bill Mean?
New Mexico still must build a system of licensing and regulatory guidelines for the bill(s). All while taking into account weed remains federally illegal. Other states attached similar measures to their legalization statutes.
Now, New Mexico’s historical decriminalization of past crimes apparently won’t be on auto. The new bill allows the review of certain cases for expungement with the possibility of “dismissing eligible convictions.”
The Cannabis Regulation Act is still evolving. It’s been on the legislative table for years and bill sponsors say there are likely to be more adjustments.
The Long and Winding Road
Over 15 states have legalized cannabis and proceeded to enjoy its tax benefits. As always, money makes all the difference. Republicans who adamantly fought against legalization began seeing a new viewpoint. Meantime, Democrats in both chambers argued for legalization.
New Mexico legalization advocates fought for six years to see this bill pass. The previous administration, led by Governor Susana Martinez, opposed legal weed. It took the new governor, a Democrat, to get the ball rolling.
The Law & Personal Use
Come the end of June 2021, New Mexico will establish how the state will manage legal weed. They want rules that regulate where consumers can buy and use weed. By April 2022, commercial sales will be up and running.
Under New Mexico law, you can hold six mature, six immature plants or a max of 12 in a single household. You can keep a supply at home but it has to be out of sight.
It will be against the law to possess more than two ounces of weed, more than 16 grams of extract or more than 800 mg of edibles. Violations will be misdemeanors or felonies. There will also be cannabis consumption areas. Smoking outside of those areas will get you a ticket.
As owning or using cannabis is federally illegal, New Mexico employers have the right to prohibit employee use. They can initiate zero tolerance, drug testing, and enforce discipline and refusal to hire.
