New Mexico’s House of Representatives passed HB 12 with a vote of 39-31 at the end of February. Now, a Senate committee has approved this measure along with a Senate bill to further move legalization along. 

Changes to HB 12

16 pages of amendments became part of HB 12 in the Senate Tax, Business and Transportation Committee. Many of the amendments were simple word changes to strengthen the legislation. But some of the major changes include3 increasing micro-business plant numbers from 99 to 200. HB 12 also saw an expansion to types of businesses that could add social consumption areas to their establishments. 

Representative Javier Martinez (D), HB 12’s sponsor, said he welcomed the changes to his bill. “In the spirit of collaboration, and the spirit of compromise and in the spirit of moving this very important piece of legislation forward, we will accept this as a friendly amendment.”

Senate Bill 288

Another bill passed the Senate Tax, Business and Transportation Committee at the same time as HB 12. However, SB 288 passed unanimously, while HB 12 only passed with a 7-4 vote. 

The framework for SB 288 is relatively the same to HB 12. In fact, much of the time this bill has spent in the committee is adding amendments to make SB 288 similar to HB 12. This is to collaborate more with the House and create one bill to send to Governor Michelle Lujan Grisham (D). 

There were more changes made to SB 288 and those include:

• Clarify that local governments can’t ban marijuana businesses in the area.
• Native Tribes have the ability to participate in the new industry
• Allows the state to participate in cannabis commerce with other states if/when the federal marijuana prohibition is lifted. 
• No cap would be placed on plant sales so that licensed businesses can compete with the black market. 
• Growers cannot sell their product directly to the public. They can only sell to wholesalers and other businesses. 

Future for Legalization

With SB 288 making it out of it’s first Senate committee, it poses the question of what the Senate will pass before the legislature period ends on March 20. The quickest course of action would be to approve HB 12 in the full Senate chamber. The bill would then go to a committee made up of both House and Senate members. They would create a unity bill that combines SB 288 and HB 12 together. But it would be under the title of HB 12. 

Once that committee creates a unity bill, it will then go on to Governor Lujan Grisham. She is expected to sign a legalization bill as she has been pushing for legalization since the beginning of the year with her State of the State Address. 

New Mexico is also receiving pressure from neighboring states Arizona and Colorado. Arizona citizens approved of a legalization measure back in November’s general election. Legal sales began shortly after the new year. Colorado became one of the first states to legalize recreational cannabis has seen tremendous amounts of revenue from sales tax alone. 

Additionally, Mexico is looking to legalize cannabis within the country. If that were to happen, there would be concern that New Mexico citizens would be going to Mexico to legally purchase marijuana and bringing it back to the state. The goal is to keep citizen funds within the state to rebuild the state’s economy after the Covid-19 pandemic. 

As more information develops on this topic, we will be sure to inform you with the latest. Make sure to check back for more cannabis and hemp news.