Thursday, February 21, 2019

New Mexico Cannabis Bills Scheduled For Committee's February 21st - 23rd 2019




There are 23 days left in New Mexico's limited 60 Day Legislative Session.

New Mexico Legislative Session Dates | The First Session of the 54th Legislature

  • December 17, 2018 - January 11, 2019 Legislation may be prefiled
  • January 15 Opening day (noon)
  • February 14 Deadline for introduction
  • March 16 Session ends (noon)
  • April 5 Legislation not acted upon by governor is pocket vetoed
  • June 14 Effective date of legislation not a general appropriation bill or a bill carrying an emergency clause or other specified date

Cannabis Legislation Scheduled in Committee February 21st - 23rd 2019
Thursday, February 21, 2019
Senate Bill 406, Medical Cannabis Changes, is Scheduled for Senate Public Affairs Committee on Thursday, February 21, 2019 - 1:30 p.m. or 1/2 hr. after floor session - Room 321
Senate Bill 406, Medical Cannabis Changes, Introduced by Senator Gerald Ortiz y Pino.
Senate Bill 406 amends the Lynn and Erin Compassionate Use (of medical cannabis) Act, in general increasing the ease with which patients with medical conditions can qualify for the use of medical cannabis, their caretakers can help them with its purchase and use, and decreasing the frequency with which patients must recertify as still having a qualifying condition. The list of qualifying conditions is markedly lengthened, with an “elastic clause” indicating that a card is to be issued when a health care provider believes that a patient will benefit from medical cannabis. Certification of patients for use of medical cannabis could be performed in person or via telehealth. A new board, comprised of users and producers of medical cannabis is created alongside the existing medical advisory board, and a medical advisory board’s majority decision that a medical condition be added to the list of qualifying conditions would be final. Receipt of medical cannabis would not be a disqualifying condition for a transplanted organ, and would not constitute grounds for intervention as a criterion for child abuse or neglect. Employers could not keep employees with registry cards from using medical cannabis at work unless the employer could prove a safety issue existed.

The last sentence of the act summarizes many provisions of the act: “…A qualified patient’s use of cannabis pursuant to the Lynn and Erin Compassionate Use Act shall be considered the equivalent of the use of any other medication under the supervision of a physician…”


Friday, February 22, 2019
Senate Bill 404, Three (3) Year Medical Cannabis Certification, is scheduled for Senate Public Affairs Committee on Friday, February 22, 2019 - 1:30 p.m. or 1/2 hr. after session - Room 326

Senate Bill 404, Three (3) Year Medical Cannabis Certification, Introduced by Senator Bill B. O'Neill and Representative Dayan Hochman-Vigil. Senate Bill 404 changes the expiration date of medical cannabis registry identification cards from one year to three years after the date of issuance. The bill would also add a new section requiring qualified patients without certification that their debilitating medical condition is chronic to submit an annual statement from the patient’s qualified practitioner that the practitioner has examined the patient within the last twelve months, the patient continues to have a debilitating condition, and that the benefits of use of medical cannabis outweigh the health risks. The new section would not require veterans or patients with certification of a chronic condition to provide the annual physician report.


Senate Bill 338, No Indoor E-Cigarette Use, is scheduled for the Senate Public Affairs Committee on Friday, February 22, 2019 - 1:30 p.m. or 1/2 hr. after session - Room 326

Senate Bill 338, No Indoor E-Cigarette Use, Introduced by Senator Linda Lopez.
(House Bill 256, Add E-Cigarettes To Clean Indoor Act, Sponsored by Representatives: Joanne J. Ferrary, Elizabeth "Liz" Thomson, Deborah A. Armstrong, William "Bill" Pratt, and Christine Trujillo is the House version) Senate Bill 338 amends the Dee Johnson Clean Indoor Air Act, Section 24-16-3 NMSA 1978, to include e-cigarettes and their vapors from being used and inhaled in the spaces in which tobacco and similar products are prohibited by the act. It newly defines “e-cigarette” and “secondhand smoke” and “smoking” all of which to encompass the use of e-cigarettes along with smoked tobacco and other plant products. Both bills define cannabis and hemp smoke and use of medical cannabis and hemp oil vape pens as the same as second hand tobacco smoke.


Saturday, February 21, 2019
Senate Bill 577, Cannabis Regulation Act, is scheduled for the Senate Public Affairs Committee Saturday, February 23, 2019 - 2:00 p.m. - Room 321

Introduced on February 14th 2019 and Sponsored by 3 Republican Senators Cliff R. Pirtle, Mark Moores, Craig Brandt and by 3 Democratic Senators Gerald Ortiz y Pino, Jacob Candelaria, and John M. Sapien.

There are now two (2) different version of the Cannabis Regulation Act and both are bad policy for the medical cannabis program and both are a bad policy approach for doing this in New Mexico.

Senate Bill 577, Cannabis Regulation Act, Introduced on February 14th 2019 and Sponsored by 3 Republican Senators Cliff R. Pirtle, Mark Moores, Craig Brandt and by 3 Democratic Senators Gerald Ortiz y Pino, Jacob Candelaria, and John M. Sapien.
According to the Albuquerque Journal, the terms of Senate Bill 577, a state agency – called the Cannabis Control Commission – would be created to oversee cannabis production, sales and product standards.
Businesses would be allowed to maintain a drug-free workplace, and a 17 percent tax rate would be levied on retail cannabis sales.
The state, cities, and counties would all get a cut of that revenue, with some of it earmarked for training law enforcement officers on how to detect drugged driving. Other revenue would go toward substance abuse and mental health programs.

And still the fact remains that everything proposed in the Cannabis Regulation Acts by Drug Policy Alliance can be achieved by taking a true path to harm reduction by passing cannabis decriminalization and by expanding our current Medical Cannabis Program. Passing into law Senate Bill 323, Decrease Marijuana Penalties, introduced this year by Senator Cervantes, Senate Bill 204, Medical Cannabis in Schools, and passing into law Senate Bill 406, Medical Cannabis Changes, that supports the recommendations made by the Doctors on the New Mexico Medical Cannabis Advisory Board in 2017/18.

Those proposed measures for the medical cannabis program would also generate additional revenue and jobs for the State. New Mexico needs to build a solid foundation first. Then start talking about Recreational Cannabis Use Legalization.

If New Mexico lawmakers want cannabis legalized for recreational use in 2019, then call a Special Session in October 2019 for the Cannabis Regulation Acts. After passage into law, cost of the Special Session could be covered by revenue generated by the final version of the Cannabis Regulation Act that gets passed.


Click Here to Advocate and Find Your New Mexico Legislator to Email or Call Them


Send the Governor an Email on the Governor’s Website Contact Form and place a Phone Call asking for Governor Lujan Grisham to Please PROTECT MEDICAL CANNABIS PATIENTS. Governor’s Office Phone: (505) 476-2200 Link Here: https://www.governor.state.nm.us/contact/

Governor Lujan Grisham said on the campaign trail and in a statement to the Journal that any legislation reaching her desk for Recreational Legalization would have to "protect medical cannabis patients".




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