SENATE MEMORIAL 107

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Benny Shendo, Jr.

A MEMORIAL

REQUESTING THE NEW MEXICO CONGRESSIONAL DELEGATION TO URGE EXPANSION OF THE FEDERAL ROHRBACHER-BLUMENAUER AMENDMENT TO PROTECT THE RIGHTS OF NEW MEXICANS WHO ARE MEMBERS OF INDIAN NATIONS, TRIBES OR PUEBLOS AND OTHERS WHO LIVE ON FEDERAL TRUST LAND TO SAFELY PARTICIPATE IN THE NEW MEXICO MEDICAL CANNABIS PROGRAM.

     WHEREAS, the use of cannabis for medical purposes has been legal under New Mexico state law since the passage in the year 2007 of the Lynn and Erin Compassionate Use Act; and 

     WHEREAS, currently, there are more than forty-seven thousand patients in the state who use cannabis for ailments like cancer and posttraumatic stress disorder; and

     WHEREAS, there are members of Indian nations, tribes and pueblos and others living on federal trust land who are New Mexico residents who are enrolled in the New Mexico medical cannabis program as qualified patients and who hold personal production licenses issued by the department of health allowing them to grow their own medicine; and

     WHEREAS, members of Indian nations, tribes and pueblos and others who reside on federal trust land are under threat of prosecution under federal law for possessing, consuming and growing medicine on tribal land; and

     WHEREAS, members of Indian nations, tribes and pueblos and others who reside on federal trust land who are qualified patients need a safe place to be able to consume, possess and grow medical cannabis; and

     WHEREAS, in January 2018, United States attorney general Jeff Sessions rescinded the Cole memorandum and the Wilkinson policy statement that provided specific guidelines to United States attorneys regarding prosecution of medical cannabis patients and producers in states with medical cannabis laws and in Indian country; and

     WHEREAS, many members of Indian nations, tribes and pueblos and others who reside on federal trust land who qualify for medical cannabis do not even apply to participate in the medical cannabis program due to fear of harassment and prosecution by the United States department of justice; and

     WHEREAS, in public surveys, a significant majority of New Mexicans have been shown to support medical cannabis use;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the New Mexico congressional delegation be requested to expand the provisions of the Rohrbacher-Blumenauer amendment to protect all medical cannabis patients participating in state medical cannabis programs, including those living on federal trust land, from the threat of harassment or prosecution by the United States department of justice; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the members of the New Mexico congressional delegation.

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