In April 2007, Governor Bill Richardson signed Senate Bill 523, the Lynn and Erin Compassionate Use Act.[14] The bill allowed cannabis use with a doctor`s recommendation to treat certain conditions such as HIV/AIDS, cancer, glaucoma, multiple sclerosis, and epilepsy. [14] In subsequent years, the list of eligibility criteria was expanded,[15] and an expense allowance for patient culture was added. [16] Senate Bill 523 passed the Senate by a vote of 32 to 3 and the House of Representatives by a vote of 36 to 31,[17] making New Mexico the 12th state to legalize medical use and the 4th state to do so through a state legislature. [18] As of June 29, cannabis – commonly known as marijuana – will be legally possessed or consumed in New Mexico by adults 21 years of age or older. The state will impose an excise tax on cannabis that will be levied on retail sales. It starts at 12% until July 1, 2025, then increases by one percentage point per year, with a maximum of 18% on July 1, 2030. The tax does not apply to sales to registered patients, caregivers, or patients from other states. If you have been arrested for any other reason, the smell of cannabis in your vehicle is no longer a reason for state or local law enforcement to suspect a crime, stop you, or search you. In February 2020, the Las Cruces City Council passed a resolution calling on the state legislature to pass the Cannabis Regulation Act to legalize recreational cannabis in New Mexico. [61] [62] The resolution passed 6-1, with Mayor Ken Miyagishima voting against it.
[63] [64] Initially, consumers will rely heavily on the supply of 35 traditional marijuana businesses that have gained a foothold over the past 15 years. To date, cannabis regulators have issued more than 230 new marijuana business licences to growers, retailers and production sites of extracts and edibles. While it is legal for adults to possess cannabis, driving under the influence of alcohol is a crime and can lead to criminal charges. And yes, that means that for a few months, possession of small amounts of cannabis will be decriminalized, while it is not yet legal to buy or sell it in the state. One-third of cannabis tax revenues go to the municipality where the sales were made. Another third of cannabis tax revenue goes to the county where the sales were made. Public judicial or administrative records relating to cannabis convictions or arrests are deleted or sealed two years after conviction or, if there is no conviction, after arrest. Nor will the records appear in the state`s criminal databases. On Friday, April 1, 2022, the sale of adult-use cannabis in New Mexico officially began.
New Mexicans aged 21 and older can now start buying cannabis in retail stores. The start of adult sales comes exactly 366 days after Governor Michelle Lujan Grisham signed the Cannabis Regulation Act. In 2021, New Mexico became the 18th state to legalize adult-use cannabis, and the fifth to do so through the legislative process rather than voter initiative. The law officially entered into force on June 29, 2021. Adults can legally possess up to two ounces of cannabis and grow up to six mature plants. A summary of the law that was HB 2 can be read here. House Bill 2, the Cannabis Control Act, was signed into law by Governor Lujan Grisham on April 12, 2021. [35] [36] It passed the House of Representatives by a vote of 38 to 32 and the Senate by a vote of 22 to 15 in a special session called by the governor after the legislature failed to legalize cannabis in the 2021 regular session.
[37] [38] House Bill 2, along with a separate suppression bill (Senate Bill 2), legalized cannabis under the following conditions:[39][40] New Mexico is among 18 states that have legalized recreational cannabis, impacting cannabis tourism and conservative Texas, where legalization efforts have made little progress. Let`s review what will be legal when the proposed cannabis regulation bill comes into force on Tuesday – and, more importantly, what won`t. LAS CRUCES – On June 29, adult-use cannabis will be legal in the state of New Mexico, but don`t plan to go to the local cannabis store or coffee shop with your credit card in your pocket. The State still needs to take some steps before the regulated market opens. In June 2019, Governor Lujan Grisham announced the formation of the Task Force on Cannabis Legalization to determine the best path forward for legalization during the 2020 legislature. [30] Grisham said, “This group will ensure that we begin the next session with a credible, fair and consistent legalization proposal that includes all concerns about public safety, workplace regulations, labeling requirements to protect underage children and all sorts of other issues.” [31] The task force was comprised of more than 20 individuals from diverse backgrounds, including state legislators, cabinet secretaries, law enforcement officials, and medical cannabis executives. [30] [32] Cannabis in New Mexico has been legal for recreational use since June 29, 2021. A bill to legalize recreational use – House Bill 2 was signed into law by Governor Michelle Lujan Grisham on April 12, 2021. The first authorized sale of recreational cannabis began on April 1, 2022.
Perea hopes the industry will create economic opportunities and tax revenue to strengthen municipal services. Local governments will receive a minority share of the state`s 12% consumption tax on recreational marijuana sales, as well as a share of additional sales taxes. Medical cannabis remains tax-free. Medical use was legalized in 2007 by a law signed by Governor Bill Richardson. A 1978 law also allowed medical use, but only through a government-approved research program. It was the first medical cannabis law enacted by a state. In March 2019, House Bill 356 passed the House of Representatives by a vote of 36 to 34. [19] The bill sought to legalize the recreational use of cannabis and establish a system for the distribution of cannabis by state pharmacies.
[20] After it passed the House of Representatives, it was stalled in the Senate Finance Committee,[21] but Governor Lujan Grisham announced that she would put the issue on the legislative agenda for the coming year. [22] The passage of the legislation was the first time that either house of the Legislative Assembly voted in favour of legalizing recreational cannabis. [19] Supportive lawmakers hope that widespread legalization of marijuana will eliminate black markets, boost employment, and create new, stable sources of government revenue. New Mexico has sponsored a strictly restricted medical marijuana program since 2007. Friday`s changes still represent a fundamental change for local law enforcement, tax officials, commercial producers and residents who thought full legal access to pot would never come. Driving under the influence of marijuana remains illegal. Others read: 5 times UFOs and aliens (maybe) have been spotted in New Mexico. In southern New Mexico, Sunland Park Mayor Javier Perea said marijuana retailers can set up shop anywhere in the small town, flanked by the Rio Grande and fenced along the U.S. border with Mexico.
Local governments cannot completely ban cannabis businesses, although they may restrict locations and hours of operation. Public consumption is prohibited under penalty of a fine of $50 for the first offence. In fact, the cannabis law has put New Mexico State Police drug detector dogs out of work: all nine will be replaced, the agency announced after the law was passed. Even in medical conditions, qualified patients are not allowed to drive under the influence of cannabis. Driving under the influence of a drug that impairs judgment is a violation of state law. If you are arrested for impaired driving and refuse to take a drug test, your licence can be confiscated on the premises and revoked for up to one year. Initial impaired driving violations can result in up to 90 days in jail and a $500 fine, with additional offenses punishable by longer jail terms and higher fines.