SENATE MEMORIAL 69

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Cisco McSorley

A MEMORIAL

ENCOURAGING STATE LAW ENFORCEMENT TO CHANGE ITS POLICY OF ENFORCING THE FEDERAL LAW ON USE OF MEDICAL CANNABIS.

     WHEREAS, New Mexico's medical marijuana bill took effect on July 1, 2007, after enactment of the Lynn and Erin Compassionate Use Act; and 

     WHEREAS, in January 2009, the department of health issued rules governing production, distribution and use of medicinal cannabis under state law, affording legal protection to persons with serious, debilitating medical conditions, including cancer, glaucoma, multiple sclerosis, epilepsy, spinal cord damage or HIV-AIDS for possession and use of medical cannabis; and

     WHEREAS, even so, a Silver City woman who joined the state's medical cannabis program and who has a license to grow marijuana plants to aid in her pain from car crash injuries was unexpectedly threatened with eviction from her apartment; and

     WHEREAS, President Barack Obama has stated that he believes that "federal resources should not be used to circumvent state laws" and has stated that he expects federal law enforcement leadership to review their policies with that in mind; and

     WHEREAS, it is predicted that the Obama administration soon will instruct the federal drug enforcement agency to conduct medical cannabis raids only in instances where investigators believe a business is in violation of state or local regulations or is operating as a cover for other criminal behavior; and

     WHEREAS, New Mexico is among thirteen states that have passed laws that permit individuals living with a serious or chronic illness to use medical cannabis, as recommended by a licensed physician according to state and local regulation; and

     WHEREAS, New Mexico law enforcement agencies recognize that state law protects patients who have registered with the department of health for the medical cannabis program for possession of medical cannabis;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that state law enforcement agencies continue to honor the Lynn and Erin Compassionate Use Act and, in keeping with expected changes in federal rules, immediately stop enforcing federal law against medical marijuana use; and

     BE IT FURTHER RESOLVED that the senate discourage use of state funds, especially in this lean budget climate, for investigation, arrest or prosecution of those authorized by state law to use or provide medical cannabis in accordance with state or local law; and

     BE IT FURTHER RESOLVED that the senate urge the New Mexico congressional delegation to support any federal legislation that removes medical cannabis from Schedule I of the federal Controlled Substances Act, allowing for greater federal and state oversight of the medical use of cannabis; and

     BE IT FURTHER RESOLVED that the senate urge the New Mexico congressional delegation to support any federal legislation that supports and recognizes the protections of the Lynn and Erin Compassionate Use Act under federal law or that otherwise protects medical cannabis patients and providers; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of public safety, the chief of each law enforcement agency in the state and the New Mexico congressional delegation.

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