Four separate bills related to legalizing adult-use marijuana are currently being reviewed in the New Mexico House and Senate. It’s been just over a year since medicinal use of marijuana was signed into law by Governor Michelle Lujan Grisham. Of the four bills introduced, three are brand new. One of the bills in the Senate is a copy of the House version, to see if one progressed further than the other. As these bills develop, many New Mexico lawmakers are emphasizing the need for social equity.

House Bill 12

The bill that shows the most promise is House Bill 12. This bill is the most comprehensive and inclusive of all of the bills circulating the chambers at this time. It’s also the one that shows the most promise of passing, because of how thorough it is. The 183-page document breaks down in detail how the legalization system would go into effect. It also describes how companies would apply for licenses, amounts citizens can have on them at a given time, rules surrounding home cultivation for individual use, and which organizations would oversee or be created to help implement and monitor the legalization process. 

Many lawmakers in the House are backing this bill above the others. They say it offers the best solutions at this time for social equity. HB 12 is designed to encourage local micro-businesses to take a part in this new booming and profitable industry. This is designed to assist those who have been affected by the War on Drugs or might otherwise be impacted by social inequity, such as Native American tribes. Many tribes have seen a lot of pushback when attempting to grow hemp, despite recent legalization on the state and federal level.

There are a number of other initiatives that have been written into HB 12. They include protections for medical and adult-use marijuana consumers related to benefits or health care after a positive drug test. Previous records for marijuana possession will be expunged. Finally, those currently incarcerated would be re-sentenced under these new laws and regulations. The Community Reinvestment Fund would also be created. It would receive 35 percent of sales tax revenue from sales and return it to communities, including tribes and nations, across the state. This fund is meant to help overall social inequity.

Future

HB 12 is sitting in limbo right now. Half of the 60-day legislative session for both the House and the Senate is now complete. But with new pressure from supporters of the bill in the House itself as well as the general public, it will most likely move into discussion next week. HB 12’s first stop is the House Health and Human Services Committee. If it passes there, it will move on to the House Tax Committee. Afterwards, HB 12 will receive a full vote in the House before being passed over to the Senate for discussion. There are many steps HB 12 must go through. Debate, amendments, and rejections will come, especially with other bills in the chambers up for debate. But the path forward exists.  

With this new pressure on lawmakers, there is hope for this bill to make it all the way to the Governor’s desk. Many concerns and changes will be considered. A lot is still up in the air right now. As new information emerges, we will be sure to keep you informed on the latest developments for House Bill 12.

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