SSDPers lobbying at the New Mexico State capitol, January 2016

SSDPers lobbying at the New Mexico State capitol, January 2016

In New Mexico, the legislative session only lasts thirty days in even numbered years and sixty days in odd-numbered years. My overall takeaway after being at the Roundhouse for fourteen of those thirty days is that it’s an impossibly short amount of time to thoughtfully debate and vote on legislation.

This system cripples meaningful debate and leaves the legislature impotent against the whims of the chief executive. The 30-60 day setup essentially limits the right to hold office to people who are rich, retired, own their own business, or have a chill boss who is cool with them taking one or two months off every year. Most New Mexico legislators are deaf to our state’s cries for help—desperately wailing in the form of the nation’s highest rates of unemployment, poverty and addiction—because their climb to the legislature has been one of wealth and privilege and success and far removed from the traumas that ravage so many of us. Moving to a full-time, paid legislature would enable more people to run for office, surely resulting in a more diverse legislative body. The entire thing feels like a rushed, especially when juxtaposed against the resources at the disposal of the governor, who the legislature is supposed to be checking and balancing. It’s time for New Mexico to give up its romantic notion of the citizen legislature and move to a professional Senate and House of Representatives that work year-round and whose members are paid at the state median income level. But 30-60 is what we’re stuck with because convincing New Mexicans to give our lawmakers a salary and state benefits seems to be impossible so long as people feel about the legislature like they do now, which is basically that they’re all crooks or crooked. So you work with what you’ve got, and I’m a proud to say that advocates and legislators worked exceptionally hard during this brief session to address the issue of our state’s failed drug policies.

The most important accomplishment within the realm of drug policy reform this session was the unanimous passage of an opioid overdose prevention bill. House Bill 277 was sponsored by Rep. Terry McMillan, a Republican surgeon from Las Cruces, and was signed into law by Governor Susana Martinez on March 4. While it would seem insignificant for a governor to sign a bill that passed unanimously, it’s extra special seeing Martinez enact such a harm reduction measure in light of her previous career as a zealous drug warrior prosecuting users and proudly locking addicts in cages.

According to Drug Policy Alliance, “The new law allows for the possession, distribution and storage of an opiate overdose antidote (Naloxone or Narcan ®) by individuals and community organizations under a standing order and relieves individuals or registered overdose prevention and education programs from civil liability.” The goal is to make access to Naloxone as easy as possible for anyone who might benefit from having it. While DPA’s New Mexico team was instrumental in getting the bill passed, there was also significant lobbying by the state Department of Health and community healthcare providers like Southwest Care Center, who operates an HIV clinic in Albuquerque.

I testified in support of HB277 before the House Health Committee and the support in the room was staggering. After the bill passed unanimously on the floor of the House, a Representative commented that this was the most important public health issue of the session. Hopefully, this positive momentum continues with the law’s implementation, which can begin immediately since the bill included an emergency clause. New Mexico has had the highest rate of overdose death in the country for most of the last twenty years, so this life-saving law was desperately needed. Up next: safe injection facilities.

Another issue that gained ground this session was cannabis law reform. Senate Joint Resolution 5, a constitutional amendment legalizing the possession, sale, and production of marijuana for adult use, passed two committees before dying 17-24 on the Senate floor. This is the furthest any adult use legalization measure has ever made it in the state, and getting this issue debated and voted on by the entire senate was a not insignificant victory in the incremental march towards reform. It doesn’t matter that the vote lost because even if it had passed the Senate it would have died immediately in the Republican-controlled House. So I say losing 17-24 on a first-ever vote is a great start.

I must give special thanks to Sen. Jerry Ortiz y Pino for introducing this legislation year after year and also for letting me shadow him for a day at the Roundhouse. Senator Ortiz y Pino is a relentless advocate for New Mexico’s most vulnerable communities and we are lucky to have him on our side in the fight for sensible drug policy. The attitude around the Roundhouse seems to be that adult use cannabis legalization is no longer a question of “if” but “when. I expect to see the Senator introduce this legislation next session and find even more support.

Our SSDP chapter also lobbied hard for legislation protecting the civil rights of medical cannabis patients. Senate Memorial 38 was non-binding legislation requesting the state’s Department of Workforce Solutions to study the effects of discrimination against medical cannabis users in employment, housing, medical care, veteran’s services, and education, as well as make policy recommendations for protecting patients’ rights. SM38 passed through both of its committees on a consent pass motion, which was great for everyone because it meant the legislation passed unanimously without the need for debate but a slight bummer for me because skipping public comment meant I didn’t get to give the impassioned speech I’d prepared for the occasion.

Unfortunately, time ran out for SM38 and it died on the Senate floor without a vote. I owe a huge thank you to Sen. Jacob Candelaria and his staff for working with SSDP to move this legislation as far along as it did. We will continue the discussion on medical cannabis user discrimination and reintroduce this legislation next year when hopefully sixty days will be enough time to get it passed.

These were the major developments in drug policy reform for the 2016 New Mexico legislative session. It was an honor and a pleasure to represent SSDP at the Roundhouse and be part of my state’s discussion on drug policy reform. Of course, I would have liked to see more radical reforms passed, but overall I’m very pleased with the progress we made this year.

Lastly, here are a few things I learned about effective lobbying this session:

So get out there and lobby your elected officials, SSDPers. The time to end drug prohibition is now. This world is yours for the changing.

Brett Phelps SSDP New Mexico State Policy Intern University of New Mexico School of Law SSDP Chapter Leader