New Mexico Relaxes Criminality of Cannabis, Maintains Control of Distribution

By Dylan R.N. Crabb

 

Governor Michelle Lujan Grisham signed Senate Bill 406 into law this week, the new law institutes several measures into effect this year regarding the criminality of cannabis as well as its distribution.

“. . . local school boards and the governing bodies of charter schools shall authorize by rule the possession, storage and administration of medical cannabis by parents and legal guardians, or by designated school personnel, to qualified students for use in school settings . . . (NM SB406, page 1).”

The state will implement cannabis into schools for medical use under strict supervision and only to designated students.

The new will also amend the Lynn and Erin Compassionate Use Act (the successful bill that legalized medicinal cannabis) to widen it’s umbrella for who can qualify as a cannabis patient/producer in the state, an individual cannabis patient/producer must still be licenced with the state’s Department of Health.

“. . . EXEMPTION FROM CRIMINAL AND CIVIL PENALTIESFOR THE MEDICAL USE OF CANNABIS. –

A.  A qualified patient or a qualified patient’sprimary caregiver shall not be subject to arrest, prosecution or penalty in any manner for the possession of or the medical use of cannabis if the quantity of cannabis does not exceed an adequate supply; provided that a qualified patient or the qualified patient’s primary caregiver may possess that qualified patient’s harvest of cannabis.

B.  A reciprocal participant shall not be subject to arrest, prosecution or penalty in any manner for the possession of or the medical use of cannabis if the quantity of cannabis does not exceed the limit identified by department rule.

C.  The following conduct is lawful and shall not constitute grounds for detention, search or arrest of a person or for a violation of probation or parole, and cannabis products that relate to the conduct are not contraband or subject to seizure or forfeiture pursuant to the Controlled Substances Act or the Forfeiture Act:

  1. a qualified patient or primary caregiver possessing or transporting not more than an adequate supply or a reciprocal participant possessing or transporting not more than the limit identified by department rule;
  2. a qualified patient or primary caregiver purchasing or obtaining not more than an adequate supply from a lawful source or a reciprocal participant purchasing or obtaining not more than the limit identified by department rule;
  3. a qualified patient using or being under the influence of cannabis; provided that the qualified patient is acting consistent with law;
  4. a qualified patient or primary caregiver transferring, without financial consideration, to a qualified patient or primary caregiver not more than two ounces of cannabis; or
  5. with respect to cannabis cultivated under a personal production license, a qualified patient or primary caregiver possessing, planting, cultivating, harvesting, drying, manufacturing or transporting cannabis plants or cannabis products as allowed by department rule; provided that a qualified patient or primary caregiver who possesses a personal production license shall not manufacture cannabis products using an oil extractor solvent that is stored under pressure unless the qualified patient or primary caregiver holds a separate license from the department permitting the person to manufacture cannabis products using an oil extractor solvent that is under pressure (NM SB406, pages 14-16).”

Individuals under 18 years of age can qualify for the medical cannabis program but it must go through the parents/guardian.

SB406 was sponsored by Senator Gerald Ortiz y Pino, a long-time advocate for cannabis as a medicinal and commerical product in the state legislature.

 

Drug usage, individualism, and the spirit of a libertarian.

By Dylan R.N. Crabb

 

Since I’ve been old enough to question the meaning behind the words, “land of the free and home of the brave,” I have pondered over classic American ideas of freedom , specifically the apparent contradictions between the idea that Americans enjoy more freedom from tyranny than any other rationalized peoples and the punitive practices of American law enforcement agencies against non-violent criminals.  If America really is the “land of the free,” why is it a crime to light up a pipe filled with cannabis in the privacy of one’s own home?  What exatly is the American ideal of freedom?

In the interest of fairness, I do acknowledge that (in general) the United States of America is a decent place to live compared to many other countries across the globe.  While it is not logical to act prideful in the facts of your birth (no human chooses the circumstances of their birth), I am a little prideful about the relative prosperity of Western Civilization.  No society is perfect but there is prosperity relative to other countries.  The West’s top rankings on global freedom indexes are no accident – they are partly due to a a general culture that respects individualism and democratic-republicanism.

However; the United States has also been catalogued with the highest prison in the planet’s western hemisphere.  (See the International Centre for Prison Studies: World Prison Population List – ICPS).  Amongst Western nations, that is a poor ranking and Americans can do better.  I think a major factor in this high population of prisoners is the so-called “war on drugs,” which was initiated under President Richard Nixon.

The argument in favor of drug prohibition is an emotional one consisting of exclamations like, “we need to prosecute these drug addicts,” “get these lazy pot heads off the street,” people shouldn’t be using drugs,” and more.  All of these exclamations are irrelevant to individual freedom.  A legal case may be argued for limiting drug use in on public property reserved for the general population but, on private property, it is a simple case of individual property rights and personal freedom.  Regardless how one feels about drug use, it affects no one but the individuals involved and, if tobacco and alcohol use are not criminalized actions (two drugs much more dangerous than other drugs like cannabis) there is no consistent reasoning to criminalize less dangerous drugs.

Fortunately, there seems to be a growing shift in American cultures regarding durg use (at least regarding cannabis use).  More than half of the states in the union have legalized medical-based cannabis; eight states and the District of Columbia have legalized it recreationally.  Opinion polls show that more than half of the general public is now in favor of full legalization at the federal level.  Trends are moving in a more libertarian direction.

Content creator and YouTube pundit Wizard of Cause expresses his satisfaction towards this trend in the following video:

I think any person harboring some preconceived ideas about drugs and drug users should at least make an attempt to flip the argument around onto themselves and then ask themselves if they would want anyone else busting down their doors in a police raid for a minimal amount of cannabis.  Is that kind of environment really in line with an American ideal of freedom?  Are citizens really free if we have to fear law enforcement because of a personal decision on private property?

The US government’s “War on Drugs” makes no sense.

By Dylan R.N. Crabb

 

If you care about liberty, personal autonomy of the body, and individualism, than you should not be in support of the drug war because drug use affects one person only: the person using the drugs.  If you are concerned about public safety, you should not be in support of the drug war because prohibition of drugs creates a black market of drugs which is more dangerous to a society than the drugs themselves.  If you care about public health, you should not be in support of the drug war because any substance can have a benefit in the medical community through careful research, especially cannabis.  The only thing that the drug war proves is that a rich person can get away with certain non-violent behavior that would get a poor person arrested for breaking the law.  Any kind of non-violent behavior (behavior that does not physically affect anyone but the person performing such behavior) should not be a crime.

Cannabis may be the most beneficial and least dangerous substance a person can use, and yet the United States government currently classifies it as a “Category 1” substance, on the same level of caution as highly processed drugs such as cocaine and heroin. – Thanks to @JaclynGlenn for the video.

America’s #WarOnDrugs is an illogical abuse of government power and it needs to end.