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New Mexico lawmakers consider prohibiting drive-up cannabis shops

February 6, 2024 by Curtis Segarra

SANTA FE, N.M. (KRQE) – Nearly three years after state lawmakers made recreational cannabis legal in New Mexico, they are debating changes to the Cannabis Regulation Act. A big focus of the discussion on Monday, February 5 was whether or not drive-up sales should be prohibited.

With many cannabis retailers operating around the state, some are looking for ways to differentiate from the competition and provide better service for customers. One way to do that is to offer a drive-through sales window. But lawmakers are split on whether or not that’s a good idea.

Clovis-based cannabis company gets help from the state

“This is really about patient access,” Sen. Carrie Hamblen (D-Doña Ana) told lawmakers on the Senate floor. “For some, and especially those folks who have children or pets, it is much easier and safer to use the drive-throughs. Cannabis delivery is not viable in the vast majority of New Mexico.”

Other lawmakers compared cannabis drive-through sales with drive-through liquor sales. “You’ve got to be high to think it’s a good idea to sell weed to someone in a car that you’re never going to have an interaction with,” Sen. Mark Moores (R-Abq.) “Some of the arguments I heard today . . . are the exact same arguments the liquor industry made about drive-up windows.”

“It would make more sense to compare cannabis drive-throughs to a drive-thru pharmacy than a drive-through liquor store,” Hamblen countered to those comparing the cannabis industry to the alcohol industry.

New Mexico lawmakers move forward with idea to increase some alcohol taxes

Ultimately, the lawmakers decided to move forward with the idea of allowing retailers to sell cannabis via drive-up windows. Lawmakers in the Senate also decided to boost protections for whistleblowers who give the Cannabis Control Division tops on illegal activity by making pending cannabis investigation records exempt from public inspection. The bill would also allow the state to suspend a cannabis seller license when there is a pending felony indictment or investigation involving fraud, embezzlement, or deceit.

The bill still needs to be debated by lawmakers in the New Mexico House of Representatives and get approved by the governor before any changes to the Cannabis Regulation Act go into effect.

SANTA FÉ, N.M. The main topic of discussion on Monday, Feb. 5, was whether drive-up sales were to be banned.

There are many cannabis retailers in the state. Some of them want to stand out from the rest and offer better customer service. A drive-through window is one way to achieve this. There is disagreement among lawmakers about whether this would be a good idea.

Clovis cannabis company receives state assistance

Carrie Hamblen, D-Dona Ana, told senators on the Senate floor that “this is about patient access.” For some people, especially those with children or pets, using drive-throughs is safer and easier. In the vast majority New Mexico, cannabis delivery is not feasible.

Other lawmakers compared drive-through cannabis sales to drive-through alcohol sales. Mark Moores, R-Abq., said that one would have to be high in order to consider selling weed to a stranger in a vehicle with whom you will never interact. “Some of arguments I heard today. . . The liquor industry used the same arguments to justify drive-up window service.”

Hamblen responded to those who compared the cannabis industry with the alcohol industry by saying that it would be more sensible to compare drive-thru cannabis stores to a pharmacy rather than a liquor store.

New Mexico legislators move ahead with idea of increasing some alcohol taxes

The lawmakers ultimately decided to go forward with the idea to allow retailers to sell marijuana via drive-up window. The Senate decided to increase protections for those who provide information about illegal activities that are reported to the Cannabis Control Division by making records of cannabis investigations pending exempt from public access. The bill also allows the state to suspend cannabis seller’s licenses when there are pending criminal investigations or indictments involving fraud, deceit, or embezzlement.

Before any changes can be made to the Cannabis Regulation Act, the bill must still be approved by the Governor and debated by legislators in the New Mexico House of Representatives.

Curtis Segarra
Author: Curtis Segarra

About Curtis Segarra

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