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New Mexico Marijuana Legalization Amendment (2016)

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Marijuana Legalization Amendment
Flag of New Mexico.png
TypeAmendment
OriginLegislature
TopicMarijuana
StatusNot on the ballot

Not on Ballot
Proposed ballot measures that were not on a ballot
This measure was not put
on an election ballot

Voting on Marijuana
Marijuana Leaf-smaller.gif
Ballot Measures
By state
By year
Not on ballot

The New Mexico Marijuana Legalization Amendment did not appear on the November 8, 2016 ballot in New Mexico as a legislatively referred constitutional amendment. The measure would have legalized the possession and personal use of marijuana by persons twenty-one years of age or older. The New Mexico Legislature would have provided by statute for the production, processing, transportation, sale, taxation and acceptable quantities and places of marijuana and hemp use.[1]

The amendment was proposed by Sen. Gerald Ortiz y Pino (D-12) as Senate Joint Resolution 2.[2]

Text of measure

Constitutional changes

See also: Article XX, New Mexico Constitution

The proposed amendment would add a new section to Article XX of the New Mexico Constitution. The following text would be added by the proposed measure's approval:[3]

Possession and personal use of marijuana shall be lawful by persons twenty-one years of age or older. The legislature shall provide by law for the production, processing, transportation, sale, taxation and acceptable quantities and places of use of marijuana and hemp to protect public health and safety.[4]

Path to the ballot

See also: Amending the New Mexico Constitution

According to Article XIX of the New Mexico Constitution, a simple majority is required in the legislature to refer the amendment to the ballot.

On February 12, 2015, the Senate Rules Committee voted 5 to 4 to recommend the amendment's approval.[5]

The 2015 legislative session ended on March 21, 2015, without the legislature referring the amendment to the ballot.[6] However, legislators reintroduced the amendment as Senate Joint Resolution 6 during the 2016 legislative session on January 5, 2016. The legislature did not refer the measure to the ballot by the close of the legislative session on February 18, 2016.[7]

Polls

Arizona Marijuana Legalization Poll
Poll Support OpposeMargin of errorSample size
Research & Polling Inc.
1/8/2016 - 1/13/2016
61%34%+/-5406
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Related measures

See also: History of marijuana ballot measures and laws and Marijuana on the ballot

The first attempt to legalize marijuana through the initiative process came in 1972, when California activists got an initiative certified for the ballot. The measure was defeated. Marijuana legalization advocates had their breakthrough election in 2012, when both Washington and Colorado legalized recreational marijuana. Oregonians rejected a legalization measure that same year, but approved one two years later in 2014. As of the beginning of 2016, recreational marijuana had been legalized in four states and Washington, D.C. All legalizations came through the initiative process. As of the beginning of 2016, medical marijuana was legal in 25 states.[8]

More than 60 statewide marijuana-related initiatives were submitted for the 2016 ballot. The table below shows the marijuana-related measures that qualified for the 2016 election ballot:

Marijuana measures on the ballot in 2016
StateMeasures
CaliforniaCalifornia Proposition 64, California Marijuana Legalization Approveda
ArizonaArizona Marijuana Legalization, Proposition 205 Defeatedd
MaineMaine Marijuana Legalization, Question 1 Approveda
MassachusettsMassachusetts Marijuana Legalization, Question 4 Approveda

The following table includes past initiative attempts in the United States to legalize marijuana:

State Year Measure Status
Arizona 2016 Proposition 205
Defeatedd
California 2016 Proposition 64
Approveda
Maine 2016 Question 1
Approveda
Massachusetts 2016 Question 4
Approveda
Nevada 2016 Question 2
Approveda
Ohio 2015 Legalization Initiative
Defeatedd
Alaska 2014 Ballot Measure 2
Approveda
Oregon 2014 Measure 91
Approveda
Washington, D.C. 2014 Initiative 71
Approveda
Colorado 2012 Amendment 64
Approveda
Oregon 2012 Measure 80
Defeatedd
Washington 2012 Initiative 502
Approveda
California 2010 Proposition 19
Defeatedd
Nevada 2006 Question 7
Defeatedd
Alaska 2004 Measure 2
Defeatedd
Nevada 2002 Question 9
Defeatedd
California 1972 Proposition 19
Defeatedd


See also

Footnotes