HB 12 - Authorizes the Legalization of Recreational Marijuana - New Mexico Key Vote


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Title: Authorizes the Legalization of Recreational Marijuana

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Title: Authorizes the Legalization of Recreational Marijuana

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the legalization of recreational marijuana.



  • Classifies "cannabis producer" as a person that (Sec. 2-5):

    • Possesses, produces, dispenses, distributes and manufactures cannabis products;

    • Cultivates cannabis plants;

    • Has unprocessed cannabis products tested by a cannabis testing laboratory; or

    • Sells cannabis products wholesale.

  • Establishes the Cannabis Control Division to execute the provisions delegated to it under this 2021 act and administer and enforce the provisions of rules adopted under the Cannabis Regulation Act (Sec. 3.B).

  • Establishes a consumer is permitted to possess at least 2 ounces of cannabis flowers and at least 16 grams of cannabis extract purchased and obtained according to the commercial cannabis activity authorized by the Cannabis Regulation Act outside of the consumer's private residence (Sec. 3-4.c-2).

  • Requires the Department of Health to do the following no later than January 1, 2022 (Sec. 4.A):

    • Establish the "Medical Cannabis Subsidy Program" through which the department of health shall make distributions to provide medical cannabis or subsidies to qualified patients who are New Mexico residents and who need assistance in obtaining medical cannabis; and

    • Promulgate rules to govern the medical cannabis subsidy program.

  • Authorizes the division to regulate, administer, and may collect fees in connection with the administration of (Sec. 6):

    • Commercial cannabis activity and licensing related to commercial cannabis activity;

    • The medical cannabis program, except for the medical cannabis registry; and

    • All aspects of cannabis relating to cannabis training and education programs.

  • Specifies any violation of the provisions of the Cannabis Regulation Act by a licensee is grounds for disciplinary action, up to and including (Sec. 7):

    • Suspending or revoking a license;

    • Imposing any intermediate sanction established by rule;

    • Imposing a directed plan of correction; or

    • Assessing a civil monetary penalty established by rule; provided that a civil monetary penalty shall not exceed $10,000 per violation;

  • Requires that applicants for a cannabis producer license cannabis manufacturer license, submit a plan to utilize, or demonstrate to the division that the applicant cannot feasibly utilize, energy and water reduction opportunities, including (Sec. 8-6):

    • Drip irrigation and water collection;

    • Natural lighting and energy efficiency measures; and

    • Renewable energy generation;

  • Establishes the following rules regarding cannabis training and education programs (Sec. 10):

    • The division shall begin licensing cannabis training and education programs no later than January 1, 2022;

    • The division shall administer a licensing program for cannabis training and education programs; and

    • A violation of a provision of the Cannabis Regulation Act is grounds for suspension or revocation of a license issued.

Title: Authorizes the Legalization of Recreational Marijuana