HB 10 gives Cannabis Control Division more authority over illicit activity

SANTA FE — A bipartisan bill that would establish an enforcement bureau within the New Mexico Regulation and Licensing Department and expand the Cannabis Control Division's regulatory authority continues to advance through the New Mexico Legislature.

Following unanimous do-pass votes in both the House Commerce and Economic Development Committee (HCEDC) and the House Judiciary Committee, HCEDC Substitute for House Bill 10 (HB10) passed the House Floor by a 68-1 vote.

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.

"By strengthening our regulations and empowering agents to enforce them, we can drive out the bad actors and support the New Mexicans who have successfully built this booming new industry for our state," said HB 10 lead sponsor Rep. Doreen Gallegos.

"New Mexico has been a national leader in establishing a successful recreational cannabis industry that prioritizes local producers and reflects our values," said co-sponsor House Speaker Javier Martínez. "We are making sure that the rules and regulations we set are being followed, so that this growing industry can continue to benefit New Mexicans."

"This piece of legislation is critical as the cannabis industry expands in New Mexico," said co-sponsorHouse Minority Leader Gail Armstrong. "We want to ensure that illicit operators are held accountable and New Mexicans are safe. I am glad that this bill is another step closer to making it to the Governor's desk."

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.

If passed, HB 10 would allow the department to hire seven peace officers to investigate criminal activity within New Mexico's cannabis industry. The bill would also add new tools authorizing the CCD to take samples of suspected illegal or dangerous cannabis products for purposes of laboratory testing, seize and issue administrative holds on illicit or adulterated cannabis products, and obtain court orders to permanently destroy such products.

Other co-sponsors of HB 10 include Rep. Marian Matthews, Rep. Art De La Cruz, Rep. D. Wonda Johnson, Rep. Joseph Sanchez, Rep. Cristina Parajón, Rep. Josh Hernandez, and Senator Linda Trujillo.