Meeting minutes from the latest executive session of the Pro-Pot Lobby are now available– afterward please take a look at some less interesting (and therefore less important) stuff that Pat Davis and Progress Now NM overlooked while pushing the marijuana “decriminalization” (aka backdoor, incremental legalization). Could it be that they gathered all those signatures for nothing?!
From the Santa Fe Reporter headquarters:
Justin Horwath and Joey Peters to Pat Davis: “Wow man. Turns out there is something to that theory that pot makes you stupid? You can’t do basic math anymore and your lawyer must have been stoned when he said we could reduce the city penalties for pot possession. Bummer. Oh well, pass the Cheetos.”
“Do we have any other lawyers out there that will work for free or for some dope or dopes? Can we do the Occupy Albuquerque trick again? Can we blame this on Martinez, Berry and Bush? Pass the Cheetos.”
Earlier this week we saw what can happen when Pat Davis of Progress Now NM doesn’t study up for himself on the quota of required number of signatures. Wouldn’t it have been easy to simply read the laws himself and calculate the number of signatures required?
- A municipality may, by ordinance, prohibit distribution or possession of [marijuana – NMSA 30-31-7(A)(1)(e)] but penalty provisions shall be the same as those provided for a similar crime in the Controlled Substances Act. Any code so adopted shall provide for minimum requirements at least equal to the state requirements on the same subject. [NMSA 30-31-26(B)]
- To convert the offense of possession of marijuana into a civil penalty is in conflict with the state law. A municipality may adopt ordinances that are not inconsistent (“consistent”) with New Mexico laws. “Any other code not in conflict with the laws of New Mexico” [NMSA 3-17-1(C)] and “any code so adopted shall provide for minimum requirements at least equal to the state requirements on the subject.” [NMSA 3-17-6(A)(9)]
- Marijuana possession first offense is a petty misdemeanor while additional offenses are misdemeanors [NMSA 30-31-23(B)]. In New Mexico possession of marijuana is designated as a crime.
- A municipality may, by ordinance prohibit possession of marijuana, but the “penalty provisions shall be the same as those provided for a similar crime in the Controlled Substances Act.” [NMSA 30-31-26]
In short, an attempt at decriminalizing marijuana is contrary to the law and illegal. Poor Pat Davis– his little “get out the vote” stunt, isn’t too legal!!
Political Fireball 