Albuquerque Journal

LEGAL POT OR NOT? A NEW MEXICO DEBATE

Will state lawmakers, governor bet on legalizing recreation­al marijuana?

- BY MIKE GALLAGHER

Editor’s note: Not since the Legislatur­e approved racinos and Indian gambling in the mid-1990s has New Mexico faced the kind of sweeping social change and economic impact that would come with legalizing recreation­al marijuana. Proponents laud its economic potential and “social justice” tenets, while opponents lament that it would only add to the state’s problems. The Journal today begins a five-part series on what is likely to be a heated debate in Santa Fe.

Asweeping proposal to legalize recreation­al marijuana that will hit the Legislatur­e this month is sure to rivet the attention of business owners, judges, law enforcemen­t officials, educators and parents.

Supporters say passage would create a new industry that could create 11,000 jobs, millions of dollars in new state and local tax revenues and correct decades of social injustice to minorities and poor people who suffered the brunt of the so-called war on drugs.

Opponents dismiss the revenue projection­s as pie in the sky and say the social costs of sweeping marijuana legalizati­on in a state where about 70,000 people now use medical marijuana are too high.

The proposal by Rep. Javier Martinez and Sen. Jerry Ortiz y Pino, both Albuquerqu­e Democrats, is among the most ambitious pot legalizati­on schemes in the nation.

It would not only legalize marijuana sales to adults, but also would:

Allow people to wipe out “marijuana-related conviction­s” from court and police records.

Require some workplace

protection­s for medical and recreation­al marijuana users.

Allow statewide licensed cultivatio­n of marijuana.

Place no limit on how much a producer could grow, but each plant would be subject to a tax. That, in theory, would avoid the massive surpluses of marijuana seen in some states that have legalized it.

Require local government­s to opt in or opt out of allowing licensed adultuse recreation­al marijuana dispensari­es through elections.

Prohibit schools from refusing enrollment to someone using medical or commercial cannabis — although recreation­al use would not be allowed on school grounds.

Prohibit landlords from refusing to rent to someone using medical or commercial cannabis.

Prohibit the separation of children from parents who lawfully use medical or commercial marijuana.

Allow individual­s to grow up to six mature marijuana plants for personal use.

Supporters say the bill would still allow people to be fired for using marijuana in the workplace — or being high at work —and would keep marijuana dispensari­es away from schools, day care or youth centers.

They also say workplace protection­s for employees using marijuana when not at work would be balanced by exempting employers with federal government contracts from those protection­s if they would result in the loss of the business’s federal contract.

Bottom line: Most employers would not be able to discipline workers who consume marijuana on their own time, as long as they weren’t clearly impaired on the job.

While marijuana legislatio­n was a nonstarter under Republican Gov. Susana Martinez, the new occupant of the Governor’s Mansion in Santa Fe, Michelle Lujan Grisham, says she is open to it — but with plenty of conditions.

Meanwhile, how much revenue recreation­al marijuana would generate for the state is open to debate.

Legislativ­e Finance Committee staff, at one point, estimated the revenue at between $35 million and $70 million. Supporters argue the number is well over $100 million in the first year or two.

And they say it would create a multimilli­ondollar industry that they acknowledg­e would require regulation, licensing and administra­tion. In a way, it would be like creating and regulating today’s liquor industry from scratch.

Consensus building

During last year’s legislativ­e session,

Rep. Javier Martinez, D-Albuquerqu­e, and others introduced the littlepubl­icized House Bill 312. Martinez and other sponsors withdrew the bill because it wasn’t on then-Gov. Susana Martinez’s call for a 30-day session.

Javier Martinez said this year’s proposal is substantia­lly the same as last year’s, with minor changes.

He traveled around the state last year, talking with people in more conservati­ve areas, trying to find out what their concerns were and how they could be addressed.

“I think the level of opposition was softer than I expected,” he said. “People were asking about funding treatment and education on the issue.”

Emily Kaltenbach, state director of the Drug Policy Alliance, a group that has worked for legalizati­on of marijuana throughout the country, has been working on marijuana legalizati­on and decriminal­ization for years.

She and other proponents said the experience of other states gives New Mexico an advantage in drawing up legislatio­n to legalize recreation­al cannabis.

“We have been looking at how to avoid the pitfalls other states experience­d,” she said. “This is a huge new marketplac­e that is very complex.”

National movement

Marijuana legalizati­on has widespread support in New Mexico, with 60 percent favoring it in an Albuquerqu­e Journal poll of likely voters before last year’s election.

Nationally, more than half the population over the age of 26 has used marijuana at least once, according to the federal Substance Abuse and Mental Health Services Administra­tion.

That’s more than 100 million adults who have admitted using marijuana, despite the fact it is a Schedule One Narcotic under the Controlled Substances Act, passed in 1970 as part of then-President Richard M. Nixon’s “War on Drugs” that was partly in response to the anti-war movement.

Now, 33 states have some sort of medical cannabis program — all technicall­y illegal under federal law.

Ten states — Alaska, California, Colorado, Maine, Massachuse­tts, Michigan, Nevada, Oregon, Vermont and Washington — and the District of Columbia legalized marijuana for recreation­al use.

Last November, Michigan voters approved a ballot measure permitting adults ages 21 and over to purchase and possess recreation­al-use marijuana.

Several think tanks say recreation­al marijuana is a potential billion-dollar industry in some states.

Last year, Vermont became the first state to legalize marijuana for recreation­al use through the legislativ­e process, rather than by a ballot measure. Vermont’s law allows for adults ages 21 and over to grow and possess small amounts of cannabis. However, it does not permit the sale of nonmedical cannabis.

New Jersey’s Legislatur­e is moving ahead with a marijuana legalizati­on bill. And New York Gov. Andrew M. Cuomo has called for legalizing recreation­al marijuana as part of a 2019 legislativ­e agenda.

Support for marijuana legalizati­on has cut across party lines.

The New Jersey Legislatur­e is controlled by Democrats. The Vermont Legislatur­e is controlled by Republican­s.

U.S. Sen. Cory Gardner, R-Colo., led the successful push back against former Republican Attorney General Jeff Sessions, who promised to get tough on states that had legalized commercial and medical marijuana.

But outgoing Colorado Gov. John Hickenloop­er, a Democrat, was never a

big fan, saying on multiple occasions that he would have preferred that Coloradans hadn’t approved legalizati­on.

Governor’s take

Lujan Grisham hasn’t commented on the bill supported by Martinez, Ortiz y Pino and others.

But on the campaign trail, she said her support for a recreation­al cannabis program is contingent on a number of factors.

For starters, she wants the medical marijuana program protected in any legislatio­n legalizing a commercial marijuana industry.

Other areas of concern for her are the prevention of underage use, workplace impairment and a boost to state revenues.

She also wants New Mexico marijuana businesses to get some sort of preference in the early stages of the industry rollout.

“If we invest productive­ly and regulate productive­ly, we can have a successful recreation­al cannabis program,” Lujan Grisham said on the campaign trail.

The protection of the medical cannabis program is of personal interest to Lujan Grisham. She was secretary of the Department of Health under then-Gov. Bill Richardson when she was charged with overseeing the rollout of the program after it was approved by the Legislatur­e in 2007.

Lujan Grisham touted the success of the program during her gubernator­ial campaign.

That program started out relatively small, directed primarily at cancer patients and people with some other conditions, such as glaucoma.

In November, the number of people holding medical cannabis cards around the state had reached nearly 70,000 — about 3.5 percent of the state’s population.

The growth in the program was led by patients with diagnoses for PTSD and chronic pain — cancer was the third-leading diagnosis among cardholder­s.

Lessons elsewhere

Supporters of legalizing a commercial marijuana industry say they can draw on the experience­s of other states — good and bad.

“We can try to emulate the success of Colorado and the revenue it pulls in without reinventin­g the wheel,” said Senate Majority Leader Peter Wirth, D-Santa Fe.

A simple example is that all states that have legalized recreation­al marijuana have banned its use in public places — usually making it an offense punishable by a fine. States also prohibited people from using marijuana in dispensari­es where they buy it.

That seems straightfo­rward enough, until the tourist industry is taken into considerat­ion.

Tourists can buy marijuana legally, but they can’t smoke it in their hotels or outside in parking lots.

States that have legalized recreation­al marijuana are now considerin­g laws that would allow “smoke shops” where people could buy and smoke marijuana — or just smoke it, with perhaps a cup of coffee.

Supporters want New Mexico to get ahead of that issue by allowing for licensed public places where smoking marijuana would be legal.

Several states that legalized recreation­al marijuana also failed to address issues surroundin­g advertisin­g, packaging and warning labels for products containing marijuana. Simple issues such as requiring childproof containers or packages were overlooked.

Legislator­s and regulators in states including Colorado have had to revisit the marijuana legalizati­on laws to fix those oversights — and even in that state there are robust critics of recreation­al pot use. A number of communitie­s have opted out of legalized recreation­al sales.

Colorado approved legalized marijuana by referendum, but former Gov. Hickenloop­er — who vetoed three expansion bills — once said that if he had a “magic wand” to reverse marijuana legalizati­on, he would use it.

Now, he says, “If I had that magic wand now, I don’t know if I would wave it.”

 ??  ??
 ?? GREG SORBER/JOURNAL ?? Jose Chacon works with cannabis plants in the indoor flower room of Verdes Foundation in Albuquerqu­e. Legislator­s are looking at expanding the state’s marijuana industry to include recreation­al use.
GREG SORBER/JOURNAL Jose Chacon works with cannabis plants in the indoor flower room of Verdes Foundation in Albuquerqu­e. Legislator­s are looking at expanding the state’s marijuana industry to include recreation­al use.
 ?? JOURNAL ?? SOURCE: National Conference of State Legislatur­es
JOURNAL SOURCE: National Conference of State Legislatur­es
 ?? EDDIE MOORE/JOURNAL ?? New Mexico Governor Michelle Lujan Grisham delivers her inaugural address after taking the oath of office during a ceremony in Santa Fe on Tuesday.
EDDIE MOORE/JOURNAL New Mexico Governor Michelle Lujan Grisham delivers her inaugural address after taking the oath of office during a ceremony in Santa Fe on Tuesday.

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