Two bills offer road maps for marijuana legalization

SANTA FE — Two bills seeking to add New Mexico to the ranks of Western states that have legalized recreational cannabis for adult users were introduced in the state Senate on Monday. Additional proposals could be filed in the coming days.

The proposals filed Monday offer different road maps for marijuana legalization, which backers say is likely to happen this year after last year’s election cycle led to shake-ups in the Legislature.

One measure, Senate Bill 288, filed by Sen. Cliff Pirtle, R-Roswell, would require at least a one-mile buffer between licensed cannabis dispensaries.

It would also impose a 2% excise tax on top of local gross receipts taxes, while funneling much of the generated revenue into the coffers of cities and counties.

A new state agency, the Cannabis Control Commission, would be created to regulate marijuana production, manage distribution and protect employers’ authority to impose drug-free workplace policies.

“Legalization is coming, and as a state, we must get ahead of the issue and pass legislation that does not harm our communities,” Pirtle said in a statement.

In contrast, the other bill filed Monday, Senate Bill 13, would put oversight control for legalization duties within the Regulation and Licensing Department, an existing state agency.

It would set a 20% sales tax on retail sales of recreational cannabis, which would then be exempt from the gross receipts tax.

The state would get 65% of the revenue generated by the bill, which is backed by the New Mexico Cannabis Chamber of Commerce, with local governments receiving the rest.

Rep. Randal Crowder, R-Clovis, said he plans to vote against any such legislation, but doesn’t think there are enough votes to stop passage.

“I do believe they have the votes to push it through and pass it,” Crowder said. “I’m hoping someone will amend that bill to at least allow for a local jurisdiction opt-out.”

Crowder said his concerns include numerous doctors discussing brain damage from excess use, youth getting hold of products and the likelihood of black-market sellers who would offer a cheaper product without charging a sales tax.

Unlike other cannabis legalization bills introduced in recent years, the revenue would not be earmarked for any specific state programs, meaning it would be up to lawmakers and the governor to decide how to spend it.

Sen. Daniel Ivey-Soto, D-Albuquerque, the measure’s sponsor, said his focus is on freeing up law enforcement agencies to focus on violent crime — not cannabis enforcement — and responding to prevailing public sentiment in favor of cannabis legalization, not on generating a new revenue stream for the state.

“I am optimistic and hopeful there’s sufficient bipartisan will to get a responsible adult use bill this year,” Ivey-Soto said in a Monday interview.