State of New Mexico Seeks Additional Cannabis Regulatory Authority With HB 10

The New Mexico legislature is considering additional regulations of the cannabis with HB 10. HB10 would  create an enforcement bureau necessary to stop illegal activity.  The New Mexico legislation is sponsored by Representatives Doreen Y. Gallegos, Javier Martínez, Gail Armstrong,  Marian Matthews and Art De La Cruz. 

The bill would establish an enforcement bureau within the New Mexico Regulation and Licensing Department (NMRLD) and expand the Cannabis Control Division’s regulatory authority. 

It was introduced in the New Mexico Legislature and is strongly supported by Governor Michelle Lujan Grisham. “To ensure that New Mexico’s growing cannabis industry continues to thrive, we need to reevaluate certain aspects of existing law to support the industry’s evolving needs,” said Gov. Lujan Grisham. “We must act now to stop those who knowingly subvert state regulations aimed at keeping the industry responsible and safe. I urge legislators to support House Bill 10.”

House Bill 10,  would give the department in-house, certified peace officers to investigate and pursue criminal charges against individuals who violate licensing requirements and defy the Cannabis Regulation Act.

Currently, the Cannabis Control Division (CCD) is limited to administrative enforcement authority when enforcing laws under the Cannabis Regulation Act. Administrative actions taken against licensed operators include fines, suspension or revocation of a license. For unlicensed, illegal operators, the CCD is limited to issuing civil fines and referring all action under state criminal laws to local and state law enforcement.

“I have heard from many business owners in my district and throughout New Mexico asking for better enforcement in our existing cannabis statute,” said Rep. Gallegos. “In order for this industry to prosper, we need to tweak the law to make it work more efficiently.”

By having credentialed law enforcement officers on department staff, the NMRLD and the CCD will be able to act on instances of illegal activity while unburdening law enforcement partners around the state so that they may focus on other important issues. This bill also provides critical new tools authorizing the CCD to seize, and issue administrative holds on, illicit or adulterated cannabis products, and obtain court orders to permanently destroy such products.

“We believe that adding law enforcement authority to pursue criminal charges is an important piece to stopping the illicit market in New Mexico’s cannabis industry,” said Regulation and Licensing Department Superintendent Clay Bailey. “The goal of this bill is not to add more red tape to our licensees who are compliant with current laws and rules. We need this authority to support our law-abiding businesses by stopping and deterring black market operators.”

For more information about the New Mexico Regulation and Licensing Department, including the Cannabis Control Division, please visit RLD.NM.GOV.

The bill is in committee for review and recommendation and is expected to make it to the house floor for a vote.  The complete text on the bill can be found at https://www.nmlegis.gov/Sessions/25%20Regular/bills/senate/SB0063.pdf

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