Santa Fe New Mexican

◆ House Speaker Brian Egolf to recuse himself on medical marijuana bill.

- By Robert Nott rnott@sfnewmexic­an.com

House Speaker Brian Egolf is recusing himself from taking part in considerat­ion of a bill that would allow residents of other states to obtain medical marijuana licenses in New Mexico even if they don’t have a valid New Mexico driver’s license.

In a letter to Lisa Ortiz McCutcheon, the Legislatur­e’s chief clerk, Egolf, a lawyer, said because he is the lead counsel in an appeal of a court case tied to the bill, he will take an “abundance of caution” in recusing himself from any part of the bill’s assignment­s, discussion or debate.

The letter says he is doing so “in the spirit and letter of the State of New Mexico’s laws and rules relating to ethical conduct.”

A Feb. 9 Santa Fe New Mexican article about conflict of interest issues within the Legislatur­e noted Egolf had represente­d the state’s largest medical cannabis company in lawsuits against the state and supported Gov. Michelle Lujan Grisham’s push to legalize marijuana for recreation­al use.

During an interview for the story, Egolf declined to say whether Ultra Health remains a client, citing attorney privacy rules.

He said representi­ng that company was “absolutely not” a conflict of interest because any vote he made on medical cannabis would result in no personal benefit to him.

A bill that would have legalized the use of recreation­al marijuana never made it to the House of Representa­tives. The Senate Judiciary Committee voted to table it earlier this week, killing the bill before this year’s legislativ­e session ends Thursday.

Egolf said Friday evening the article in had nothing to do with his decision to recuse himself and that he had been working on doing so for a while.

Senate Bill 139, sponsored by Sen. Jerry Ortiz y Pino, D-Albuquerqu­e, would amend a recent law that says outof-state residents applying for medical marijuana licenses must provide a New Mexico driver’s license.

The plaintiff in the case involving Egolf is a Texas resident, Harold Meyers, who lives close to Clayton and spends three days a week in New Mexico because of his work, according to court documents.

According to the Administra­tive Office of the Courts, more than 420 out-of-state residents have medical marijuana licenses in New Mexico, which they received before the law changed the procedures for getting a license.

Egolf ’s letter said if the bill working its way through the Senate makes it to the House, he will let other leaders assign it to a committee and ensure he plays no role in its fate.

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