Legalizing marijuana

CIBOLA COUNTY, N.M. – Legal sales of recreational marijuana can begin on April 1, 2022.

There was so much excitement in New Mexico about the legalization of recreational use that websites were launched to inform citizens about their rights before the governor even had the chance to sign the legislation.

In the First Special Session of the New Mexico State Legislature, both chambers of state government passed and sent a bill to the governor’s desk which decriminalizes marijuana while legalizing it ; the legislation expunges from the record certain prior criminal convictions that were based on marijuana use and possession.

At the end of the New Mexico State Legislature regular 60-day session earlier this year, one of Governor Michelle Lujan Grisham’s top priorities was not passed: The legalization of marijuana. She called the legislature back into session immediately to resolve this. The special session lasted one day and delivered four bills to the governor’s desk, including the Cannabis Regulation Act. Governor Lujan Grisham has been an advocate for the legalization and fair market practice of the sales of cannabis.

Timeline

Marijuana’s legalization does not take effect until July 1, and it will remain illegal to purchase marijuana until April 1, 2022 unless said cannabis is sold by a medical dispensary to a consumer with a medical card, according to the state’s new committee on marijuana distribution.

The Cannabis Regulation Act enters effect on June 29, but nothing is projected to happen until no later than September 1, when the Cannabis Regulatory Advisory Committee can be established and start accepting applications for individual marijuana businesses.

No later than January 1, 2022 the state will start issuing marijuana business licenses; cannabis training and education programs will begin for people or businesses that receive these licenses. Cannabis server permits, like alcohol server permits, will then be distributed to citizens who successfully complete the training.

On April 1, 2022 recreational sales of marijuana can legally begin.

What else does the bill allow?

Under the new Cannabis Regulatory Act individual citizens 21 years or older may legally possess:

• Up to two ounces of cannabis, 16 ounces of cannabis concentrate, and 800 milligrams of infused edibles.

• Up to six mature cannabis plants that must be out of public view and away from children. Individual households will be limited to no more than 12 plants. (All homegrown cannabis cannot be sold or traded.)

Can I smoke in a public park?

The Cannabis Regulatory Act grants municipalities certain restrictive powers when it comes to marijuana. While no city of village can outright ban marijuana, they can use their zoning abilities to limit where marijuana can be consumed.

Tribal governments maintain their sovereignty and can be involved in the state’s cannabis industry if they choose.

The bill does allow for people who are licensed to sell marijuana in New Mexico to sell cannabis in other states so long as those respective regulatory agencies approve of the sales.

What about medical marijuana?

The Cannabis Regulatory Act protects medical marijuana users.

Under the bill, authority of the medical marijuana distribution will shift to the new state regulatory committee on cannabis, but medical licenses will still be given out by the New Mexico Department of Health.

Dispensaries are instructed to maintain 10 percent of their stock specifically for medical cannabis users, so that supplies are not bought out by recreational-use customers.

Will children see marijuana advertisements?

Under the bill, marijuana advertisement will not be allowed on billboards or any public media within 300 feet of any school, daycare, or church. All products sold, as permitted by this bill, will be required to have a state sanctioned warning label.

One provision in the bill, marijuana advertisements cannot feature cartoon characters or other elements that might make these products seem more attractive to people younger than age 21.

“Change never comes easily,” Governor Lujan Grisham said, “and rarely does it occur as quickly as we would like. But, with this major step forward, we are signaling more clearly than ever before that we are ready as a state to truly break new ground, to think differently about ourselves and our future.”