State Seeks Additional Authority for Cannabis Regulation

HB10 will create enforcement bureau necessary to stop illegal activity

SANTA FE — A bill that would establish an enforcement bureau within the New Mexico

Regulation and Licensing Department (NMRLD) and expand the Cannabis Control Division’s

regulatory authority was introduced in the New Mexico Legislature today.

House Bill 10, sponsored by Rep. Doreen Gallegos, and co-sponsored by Speaker Javier

Martinez, Minority Floor Leader Gail Armstrong, Rep. Art De La Cruz, and Rep. Marian

Matthews, 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.

“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.”

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 morered 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.

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ABOUT NMRLD:

The New Mexico Regulation and Licensing Department regulates more than 400,000

individuals and businesses in 35 industries, professions, and trades across the state. Its goal is

to assure that New Mexicans receive quality services from qualified individuals and businesses

while also ensuring a fair and prompt administrative process.