NM: Battle To Legalize Recreational Marijuana On

Katelyn Baker

Well-Known Member
Carlsbad - Ralph Rider of Carlsbad describes the pain in his body as pins and needles.

"I can't hardly walk in the morning until I medicate," Rider, a permitted medical marijuana user, said.

Pain from neuropathy, as well as residual symptoms from a stroke and heart attack in 2013, were enough for his doctor to suggest medical marijuana.

"She (the doctor) said she would much rather see me on cannabis than on all of the hardcore painkillers," Rider said.

Now, daily tasks such as getting dressed and brushing his teeth - movements that were painful and difficult after a shoulder injury and the stroke limited mobility in his left hand - are easier.

Rider is one of 30,877 people in New Mexico who have obtained a registration card to use marijuana medicinally. When the state's Department of Health first started collecting data in 2012, there were 8,059 users.

The New Mexico legislature passed the Lynn and Erin Compassionate Use Act in 2007 which allows residents to use cannabis to treat certain medical conditions.

Paul Rhien, communications director of the New Mexico Department of Health, said there are now 21 medical conditions approved for the state's Medical Cannabis Program. Those include cancer, Crohn's Disease, epilepsy, severe chronic pain and spinal cord damage.

But because marijuana is still considered illegal under federal law, doctors may only recommend medical cannabis in lieu of prescribing it, said Lisa Brooker, co-owner of Health Education Society dispensary in Carlsbad.

Brooker said she believes if New Mexico legalized recreational marijuana it would shorten the amount of time patients must wait to receive their cards.

Rhien, however, said it is uncertain how the legalization of recreational marijuana would affect the state's Medical Cannabis Program.

Dispensing pain relief

From patient to dispensary owner

Lisa Brooker and her husband, Clayton Brooker, opened the dispensary, located at 2409 W. Pierce St., on Oct. 8.

The couple already owned a dispensary in Artesia, but said they decided to expand to Carlsbad after noting the city's lack of services.

"I wanted other people to have access to natural medications," Lisa Brooker said. "We made it our goal to provide that medication and a safe medication. We realized that this was a very under-served area, that the patients are having to drive to either Artesia, Hobbs."

Lisa Brooker understands how medical cannabis can make a difference to a person in pain.

In 2010, she was diagnosed with end-stage kidney disease and began using cannabis to alleviate the nausea caused by chemotherapy.

Clayton Brooker said he noticed his wife's energy increase after she began using marijuana.

"Before, she couldn't do anything and it made it where she can get up and go and feel OK. So we wanted other people to experience that," Clayton Brooker said.

Lisa Brooker said she still uses cannabis to help with pain and sleeplessness.

"People think that it's just smoking, I mean, that's not correct," Clayton Brooker said.

Something to consider

Elka Menuey's doctors said she might benefit from medical marijuana

Something to consider

In June, 31-year-old Elka Menuey had two seizures in two weeks.

The seizures caused injuries to her hip and the rotator cuff in her left shoulder. Surgery helped alleviate the pain in her hip, but scar tissue in her shoulder prevented any surgical remedy.

"There has been days I try to push through it and it put me to tears," Menuey said of the pain associated with her injuries.

Menuey said she was prescribed Keppra to manage her seizures and takes Aleve or ibuprofen to help with pain.

Menuey hasn't had a seizure since June but she is prohibited from driving for six months after each episode, further inhibiting her quality of life.

Four doctors have recommended cannabis as a remedy for both pain management and to control her seizures.

Menuey is considering joining the 748 people - 200 of whom were registered in October - who use cannabis medicinally in Eddy County. In 2012, there were only 106 medical marijuana users in the county.

"I do consider it because I don't like taking (medication)," she said.

The next step

Representative Bill McCamley will try for a third time to legalize recreational marijuana use

On Nov. 8, nine states - Arizona, Arkansas, California, Florida, Maine, Massachusetts, Montana, Nevada and North Dakota - are expected to carry a recreational marijuana initiative on their ballot.

Despite legalizing medical cannabis and heavily regulating its use, New Mexico will not include recreational marijuana on its ballot.

New Mexico Rep. Bill McCamley (D-Las Cruces) introduced House Bill 11, the Cannabis Tax Act, at the October special session of the legislature.

McCamley said if recreational marijuana was legal, an estimated $60 million to $70 million in taxes would flow into the state's revenue stream which could help support educators and law enforcement.

HB 11 is a reincarnation of HB 160, the Cannabis Revenue & Freedom Act, which would have allowed residents ages 21 and older to use marijuana for recreational purposes. The bill died in the 2015 regular session of the legislature.

"We spend about $40 million to enforce marijuana laws," McCamley said. "That money should go to prosecuting rapists and murderers."

McCamley said allowing neighboring states to pass recreational marijuana use laws first could cost New Mexico jobs.

"Can we do this now? Or are we going to wait and be the last?" McCamley said. "If we do it before Texas, there is a chance of economic opportunity."

The New Mexico Administrative Office of District Attorneys has concerns about McCamley's proposal to legalize marijuana, according to the HB 160 fiscal impact report.

Among those concerns is the fear that an increase in marijuana use would boost the number of people driving while high.

Judging from other states

Arizona struggles with Prop 205 while Colorado takes measure

Arizona voters will consider legalizing recreational marijuana with Proposition 205 on Tuesday. Opponents of the measure cite the rising number of impaired drivers in Colorado following the state's legalization of the drug.

The argument isn't foreign to New Mexico, where officials said they'd like to see statistics on how legalizing marijuana has benefited states like Colorado and Washington.

New Mexico Sen. Ron Griggs (District 34) and Eddy County County Commissioner Susan Crockett are among them.

"Basically, I'm torn between the legalization to benefit the state and county," Crockett said. "I need to know statistics. Does it impact homelessness, jobs? From Colorado, Oregon, how much is for schools and roads?"

According to the Colorado Department of Transportation, in 2015, 59 out of 789 drivers involved in fatal accidents tested positive for cannabis only.

Marijuana tax revenue in the state includes a 2.9 percent sales tax from medical and recreational marijuana, 10 percent special sales tax from retail marijuana and a 15 percent marijuana excise tax, including retail and medical marijuana application and license fees.

Up to $40 million from excise taxes from retail marijuana in Colorado is collected annually and appropriated for the state's Department of Education's Building Excellent Schools Today Program Assistance Fund, used to fund construction and maintenance in schools around the state.

Despite current opposition,McCamley said a law permitting recreational marijuana use isn't far off.

"This is going to happen. Millennials are going to get older and take office," McCamley said.

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Full Article: Battle To Legalize Recreational Marijuana On
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