By Tom Angell
Most marijuana policy observers know that as many as five states could enact legalization on Election Day. But maybe you haven’t heard there’s a chance New Mexico could leapfrog ahead of other states by passing a bill to end prohibition this weekend.
Gov. Susana Martinez (R) called lawmakers into a special session on Friday to tackle a budget shortfall and certain criminal justice issues, and one state representative wants to use the short-term session as an opportunity to highlight how ending cannabis prohibition can bolster the economy and improve public safety.
Rep. Bill McCamley (D) says he intends to file a legalization bill in the special session, which could last for as little as one day.
His bill, which he told KOB-TV is “very similar to what they’re doing very successfully in Colorado and Oregon,” would create a system of legal, taxed and regulated cannabis sales.
Home cultivation of up to four marijuana plants would also be allowed under the proposal. Possession of up to one ounce in a public place, and eight ounces at home, would be legal. The state would set a 15 percent tax on sales. Municipalities and counties would be able to opt out of allowing marijuana commerce locally, or they could allow stores and then levy additional taxes on legal sales. A portion of revenue would go to support substance abuse prevention and the state police. Industrial hemp would also be allowed under the new law.
McCamley, who previously sponsored legalization legislation earlier this year and in 2015, plans to push a new bill in the state’s 2017 regular session that begins in January.
The state is looking at a $589 million budget shortfall for the current and recently-concluded fiscal years, and it could have its credit rating downgraded.
A recent study found that if New Mexico ended prohibition, state marijuana sales would total $412.5 million after the first full year of implementation, with the sum rising to $677.7 million in annual sales after five years.
McCamley said that his bill is “estimated to bring in around $60 million in revenue to the state.”
While Martinez intends the special session to deal specifically with immediate budgetary considerations as well as specific issues like the death penalty and child abuse laws, the marijuana proposal and others could be up for debate due to a provision in the the governor’s proclamation saying that bills to “reform and simplify” the state’s tax laws are on the table, according to the Albuquerque Journal.
Emily Kaltenbach, state director for the Drug Policy Alliances’s New Mexico office, told Marijuana.com that McCamley’s statutory legislation is “part of lager strategy” that also includes enacting a Constitutional amendment to allow legal marijuana.
Earlier this year, such a legalization amendment was approved by the Senate Rules and Judiciary Committees but failed on the floor by a vote of 17-24.
Kaltenbach said that the advantage of the Constitutional amendment approach is that it doesn’t require the support of the governor, and she can’t veto it; after the legislature passes an amendment it would be put onto the state ballot for voters to approve or reject.
For now, while it is unknown if McCamley’s statutory bill will be seriously considered during this weekend’s special session, Kaltenbach said that the discussions surrounding it will “raise the conversation and test the waters on what’s palatable” with lawmakers so that advocates will be in a better position when the legislature reconvenes in January.
