3-22-2025 5:03am

Cannabis Enforcement Bill Passed Legislature Heads to Gov Grisham

Chris Edwards Editor

As previously reported a bill to beef up the enforcement powers of the Cannabis Control Board in New Mexico is making its way to become law. The proposed bill would establish an enforcement bureau within the Regulation and Licensing Department and expand the Cannabis Control Division’s regulatory authority is one step away from becoming law after passing the New Mexico Senate today.

House Bill 10 will allow the department to hire seven certified peace officers to investigate and pursue criminal charges against individuals who violate licensing requirements and defy the Cannabis Regulation Act. The bill moves to the governor’s desk for signature.

HB 10, sponsored by Rep. Doreen Gallegos, and co-sponsored by House Speaker Javier Martinez and House Minority Leader Gail Armstrong, fills an important gap in current enforcement options and administrative laws that limits the department’s ability to quickly act on cannabis-related criminal offenses. The bill will give the Cannabis Control Division (CCD) the ability to prevent the movement of potentially dangerous cannabis products or obtain and execute search warrants at unlicensed facilities.

The CCD is currently limited to administrative authority when enforcing laws under the Cannabis Regulation Act. While the CCD can issue civil fines, all the division can currently do when illicit cannabis activity is uncovered is refer those matters to state and local law enforcement agencies.

“HB 10 will not only help combat and deter illegal cannabis activity, it will also support the upstanding businesses whose livelihoods are jeopardized by illicit operators,” said Regulation and Licensing Department Superintendent Clay Bailey.

The proposal passed both houses with overwhelming bipartisan support...

"House Bill 10 delivers enforcement tools to help our state crack down on illegal cannabis operations while protecting legitimate businesses,” said Gov. Michelle Lujan Grisham. “I look forward to signing this bill and strengthening the foundation of our regulated cannabis industry.”

“I want to thank the bipartisan group of sponsors, the industry, and other advocates for their efforts in getting this bill to the finish line,” said Regulation and Licensing Department Superintendent Clay Bailey. “This legislation will provide another critical tool for effectively regulating cannabis in New Mexico.”

The bipartisan bill was sponsored by Rep. Doreen Gallegos, and co-sponsored by House Speaker Javier Martinez, House Minority Leader Gail Armstrong, Reps. Marian Matthews, Art De La Cruz, D. Wonda Johnson, Joseph Sanchez, Cristina Parajón, Joshua Hernandez, and Sen. Linda Trujillo.

“New Mexico worked hard to establish a well-regulated and fair framework for recreational cannabis and the industry is off to an incredibly strong start,” said HB 10 co-sponsor House Speaker Javier Martínez. “Now, we are enhancing our enforcement capabilities so we can weed out any bad actors who are not following our rules, protect consumers, and enable reputable cannabis businesses to thrive.”

An Apr. 2021 Pew Research Center poll found that 91 percent of Americans believed marijuana should be legal for medical use (60 percent for medical and recreational legalization; and 31 percent for only medical legalization). Only 8 percent believed marijuana should not be legal for any reason, and 1 percent did not answer the question. Support for marijuana legalization has steadily increased over the years.

Two New Mexico bills, HB 230 and SB 269, were advancing through the New Mexico legislature to clarify employment protections for medical cannabis patients. These bills would ensure that qualified patients cannot be fired or denied employment solely for testing positive for cannabis or its metabolites, while still allowing employers to enforce workplace safety policies. It appears both of those marijuana related legislative proposals have died on the vine.