On Monday, April 12, the governor of New Mexico signed a bill legalizing recreational marijuana in the state.
The bill, known as house bill two or The Cannabis Regulation Act, passed during a special session of the New Mexico house and senate called by Governor Michelle Lujan Grisham. The special session of the legislature was called after the bill failed to pass before the end of the regular session. The bill fully legalized the use and sale of recreational marijuana in the state. New Mexico became the seventeenth state in the United States to legalize recreational marijuana, after a recent push in several states beginning last year.
The newly passed bill decimalizes both procession and use of cannabis for anyone 21 years of age and older. It also set up how regulation and licensing will be done for commercial businesses wanting to grow and or sell cannabis. The commercial selling will begin in New Mexico by April 1, 2022.
After signing the bill, Governor Michelle Lujan Grisham said “it is good for workers. It is good for entrepreneurs. It is good for consumers,” she said of legalization. “And it brings about social justice in ways in which we have been talking about and advocating for decades.”
Linda Trujillo, superintendent of the New Mexico Regulation and Licensing Department, said the people 21 years of age and older may begin growing marijuana at their homes, and carry no more than two ounces, or fifty-six grams, of cannabis while they are away from their homes starting June 29 of this year.
The bill will allow for people wishing to grow marijuana plants in their individual homes to have six plants per person living in the home, but no more than 12 in total.
One of the largest driving forces behind this bill, was the opportunity to bring new business to the state. Some of this business will likely come from other states, like Texas, where cannabis is not yet legal.
A second bill was passed alongside the legalization of marijuana bill during the special legislature session. The second bill focused on setting up a procedure that would expunge, or remove, past convictions for cannabis within the state. This bill was led by Javier Martinez, a member of the state’s house of representatives from Albuquerque.
Martinez said, “I grew up along the border. I’ve seen what the war on drugs has done.” He added, “I’m proud that New Mexico — little old New Mexico — has done its part to tell the federal government once and for all to legalize cannabis for the people.” He also mentioned that he hopes a similar bill will follow from the federal government, that will have the same effect.
Some of the other framework for regulation that was set up with the passing of this bill, allows the state regulation and licensing department to place maximum limit on the amount being grown. The department can also impose an annual fee of 50 dollars per-plant, for commercial businesses growing cannabis. All products sold must also have child-proof packing, which has been a concern in states that previously legalized cannabis.
However, the new law does not regulate marijuana in private sector workplaces; employers will be able to make their own decisions for their business.
Local governments, such as city or county governments, will only be able to play a limited role in the regulation of marijuana businesses in their communities. Local governments cannot block a cannabis company from setting up shop, but will have control of land zoning and the hours of operation sales can take place in.
State regulators still have a significant amount of work to do, as they will begin accepting applications for marijuana business licenses as soon as September of this year. These licenses will include a variety of industrial businesses, such as growing and packing cannabis, as well as product testing labs and dispensaries.
They will also have to lay out standards for product’s safety and qualifications for businesses to sell marijuana. Also, regulators will need to set up the requirements needed for the permit employees will need to sell the products. These permits will likely be similar to those needed for servers at restaurants.
The state will also have a special tax on marijuana sales that will start at 12 percent, and eventually go up to 18 percent at some point in the future. This tax does not include the state sales tax that has already been in place. The only exception to the new marijuana tax is in cases of marijuana that is being used for medical purposes, this will require the drug being prescribed by a doctor.
Prior to this bill, there was already an existing medical marijuana program in the state. The state regulators still must determine how much product will need to be set aside for members of this program, as it now has over 100 thousand patients enrolled in it.