HOUSE BILL 315

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Andrea Romero and Javier Martínez

 

 

 

 

 

AN ACT

RELATING TO DISTRIBUTIONS OF THE CANNABIS EXCISE TAX; PROVIDING DISTRIBUTIONS TO THE COMMUNITY REINVESTMENT GRANT FUND AND THE SUBSTANCE USE DISORDER PREVENTION AND TREATMENT FUND; PROVIDING PURPOSES, APPLICATIONS AND AWARDS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 7-1-6.68 NMSA 1978 (being Laws 2021 (1st S.S.), Chapter 4, Section 50) is amended to read:

     "7-1-6.68. DISTRIBUTION--CANNABIS EXCISE TAX--MUNICIPALITIES AND COUNTIES.--

          A. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to each municipality, subject to any increase or decrease made pursuant to Section 7-1-6.15 NMSA 1978, in an amount equal to thirty-three and thirty-three hundredths percent of the net receipts attributable to the cannabis excise tax from cannabis retailers within the municipality.

          B. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to each county in an amount equal to thirty-three and thirty-three hundredths percent of the net receipts attributable to the cannabis excise tax from cannabis retailers within the county area of the county.

          C. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the community reinvestment grant fund in an amount equal to sixteen and one-half percent attributable to the cannabis excise tax.

          D. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the substance use disorder prevention and treatment fund in an amount equal to sixteen and one-half percent attributable to the cannabis excise tax.

          [C.] E. The department may deduct an amount not to exceed three percent of the distributions made pursuant to Subsections A and B of this section for the reasonable costs for administering the distributions.

          [D.] F. As used in this section, "county area" means that portion of a county located outside the boundaries of any municipality."

     SECTION 2. [NEW MATERIAL] COMMUNITY REINVESTMENT GRANT

FUND--PURPOSES.--

          A. The "community reinvestment grant fund" is

created as a nonreverting fund in the state treasury. The fund consists of distributions from the cannabis excise tax, appropriations, income from investment of the fund, gifts, grants and donations. Money in the fund is subject to

appropriation by the legislature for the department of health to provide grants for the purposes of the community reinvestment grant fund. Expenditures from the fund shall be by warrants of the secretary of finance and administration pursuant to vouchers signed by the secretary of health or the secretary's authorized representative.

          B. Public post-secondary educational institutions, public community schools, municipalities and counties may apply for community reinvestment grants on forms and in the manner provided by the department of health. The department shall provide by rule for application and awards criteria. Applicants may propose to provide a grant service directly or through contracts entered into in compliance with the Procurement Code. Grants from the fund may be used to:

                (1) contract for the development and execution of a comprehensive and sustained multilingual public education campaign that:

                     (a) promotes abstinence from cannabis products for persons under twenty-one years of age;

                     (b) encourages responsible use of cannabis products by adults; and

                     (c) promotes medical cannabis as a therapeutic option;

                (2) reinvest in communities disproportionately affected by historical federal and state drug policies by providing or contracting for job placement and legal services to address barriers faced by formerly incarcerated persons;

                (3) provide housing programs and services that prioritize people in substance abuse treatment or who are currently using substances;

                (4) provide harm reduction and overdose prevention services;

                (5) implement promising practices or evidence-based drug education programming based on the principles of

harm reduction, including leadership development, family

engagement and youth development, that is designed to prevent

and reduce substance use, improve elementary and secondary school retention and performance and create economic security for families; and

                (6) fund targeted or comprehensive research related to medical and adult cannabis use in areas such as:

                     (a) use effects or efficacy of medical and commercial cannabis;

                     (b) impacts on public health, health costs associated with cannabis use and whether cannabis use is

associated with an increase or decrease in the use of alcohol

or other drugs;

                     (c) the effectiveness of the packaging and labeling requirements and advertising and marketing restrictions on the prevention of underage access to and use of cannabis products;

                     (d) cannabis use rates and maladaptive cannabis use rates for adults and youth and diagnosis rates of cannabis-related substance use disorders; and

                     (e) environmental issues related to cannabis production and the criminal prohibition of cannabis production.

      SECTION 3. [NEW MATERIAL] SUBSTANCE USE DISORDER PREVENTION AND TREATMENT FUND--GRANTS--PURPOSES.--

          A. The "substance use disorder prevention and treatment fund" is created as a nonreverting fund in the state treasury. The fund consists of distributions from the cannabis excise tax, appropriations, income from investment of the fund, gifts, grants and donations. Money in the fund is subject to appropriation by the legislature to the human services department to fund substance use disorder prevention and treatment services described in this section. Expenditures from the fund shall be on warrants of the secretary of finance and administration pursuant to vouchers signed by the secretary of human services or the secretary's authorized representative.

          B. Public post-secondary educational institutions, municipalities and counties may apply for grants on forms and in the manner provided by the department for projects that provide substance use disorder prevention or treatment. The department shall provide by rule for application and awards criteria. Applicants may propose to provide a grant service directly or through contracts entered into in compliance with the Procurement Code.

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