City of Albuquerque Marijuana Decriminalization Measure (November 2014)

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This measure was not put on an election ballot

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A City of Albuquerque Marijuana Decriminalization Measure ballot question will likely not be on the November 4, 2014 election ballot for voters in the city of Albuquerque in Bernalillo County, New Mexico. Although the city council voted to put this measure on the ballot, Mayor Richard Berry (R) vetoed the resolution. There is, however, a non-binding question asking Bernalillo County voters if they approve of decriminalization of marijuana use.

If approved, this measure would make it merely a civil infraction to possess an ounce or less of marijuana. The maximum penalty that could be imposed for such a violation would be $25. Without this measure, the penalty would remain a $50 fine and up to two weeks in jail for a first offense, with the penalty increasing upon multiple offenses.

The Albuquerque City Council voted five against four to put this measure on the ballot, even though the initiative petition drive hoping to force the issue was not successful in collecting enough valid signatures to require the city council's vote.

A similar measure is on the ballot for voters in Santa Fe, New Mexico. It is unclear whether these measures will be allowed on the November 4, 2014, election ballot, due to certain restrictions and rules. The discussion over this possibility is ongoing between city and county officials.

Support

Supporters of marijuana legalization or decriminalization argue that the drug does not deserve attention from law enforcement and that police officers should focus on important, harmful crimes.

New Mexico In Focus, "Episode 807: Marijuana Penalties Latest," August 22, 2014

Opposition

New Mexico Gov. Susana Martinez (R) is opposed to both this local measure and the similar measure in Santa Fe. She argues that the cities should maintain consistency with federal and state laws, which both consider marijuana an illegal drug. She also stated that the current penalties surrounding pot use and possession are warranted and should be left in place.

The gubernatorial race

Image of Gov. Susana Martinez (R) and her competition, Democrat Gary King

The issue of marijuana decriminalization may be highlighted by the race for governor. Current Gov. Susana Martinez (R) - the incumbent in the state's upcoming gubernatorial race - has come out against decriminalization efforts, especially local efforts that put city laws at odds with federal law. Democratic gubernatorial candidate Gary King, however, approves of decriminalizing small amounts of marijuana.

King said, "Its inappropriate for small amounts of marijuana to be putting people in prison."

Martinez said, "It is against the law, federally, and, therefore, it is also against the law in New Mexico and I think it is the way it should be and the penalties are appropriate."

Path to the ballot

See also: Laws governing local ballot measures in New Mexico

Mayor Richard J. Berry, City of Albuquerque, Veto Message for R-14-91

An initiative petition seeking to qualify this measure for the ballot fell short of the required signatures.

City council

Despite this failure, the city council voted five against four on the night of August 18, 2014, to put this measure before voters as part of a package of five measures.

Mayor's veto

According to Gilberto Montano, the chief of staff for Albuquerque Mayor Richard Berry (R), the mayor was seriously considering vetoing this measure, as well as the entire legislative package approved by the council. Although this measure and a measure seeking a tax increase for social services were the main sources of Berry's displeasure with the city council's decision, some contend that the mayor is not legally able to veto parts of the package, but must veto all five measures if he is to put a stop to the ballot measure seeking marijuana decriminalization. The mayor had until August 29 to decide whether he will allow this measure to go to voters or not. Ultimately, Berry decided to veto the bill, which is the first veto of an election resolution in the history of New Mexico. The city council needs a six-three vote at its next meeting to override the veto.

Berry said, "It is disappointing that I have been put into a position to have to veto an entire bill that includes a number of provisions that I support simply because certain members of the City Council voted to include last minute provisions that lack detail and/or circumvent state and federal law." He continued "While I am supportive of the bill as originally drafted, and fully support sending many of the measures to voters for their consideration, I cannot in good conscience sign a bill that would impose a tax increase on the people of Albuquerque without any specific plan as to how the taxpayer resources would be spent or a bill that flies in the face of state and federal law as it pertains to illegal drugs."

Related measures

Recreational

a Washington D.C. Marijuana Legalization, Initiative 71 (November 2014)

Colorado:

• Nine local 2014 marijuana measures in Colorado

Maine:

a City of Lewiston Recreational Marijuana Legalization Measure (November 2014)
a City of South Portland Recreational Marijuana Legalization Measure (November 2014)
Town of York Recreational Marijuana Legalization Measure (November 2014)

Massachusetts:

• Massachusetts Congressional Districts Marijuana Legalization Public Policy Question Advisory Votes - Eight Districts (November 2014)

Michigan:

• Local marijuana measures in Michigan

New Mexico:

a Santa Fe County Marijuana Decriminalization Advisory Question (November 2014)
a Bernalillo County Marijuana Decriminalization Advisory Question, Measure 1 (November 2014)
City of Albuquerque Marijuana Decriminalization Measure (November 2014)
City of Santa Fe Marijuana Decriminalization Initiative (November 2014)

Wisconsin:

a Dane County State Legalization of Marijuana Referendum (April 2014)

Medical

California:

a City of Santa Ana Council-Referred Medical Marijuana Regulation Ordinance, Measure BB (November 2014)
d City of Santa Ana Medical Cannabis Restriction and Limitation Initiative, Measure CC (November 2014)
d City of La Mesa Medical Marijuana Initiative, Proposition J (November 2014)
d City of Encinitas Medical Marijuana Initiative, Proposition F (November 2014)
d Nevada County Medical Marijuana Cultivation, Measure S (November 2014)
a Butte County Medical Marijuana Ordinance 4075 Referendum, Measure A (November 2014)
d Butte County Medical Marijuana Initiative, Measure B (November 2014)
a Shasta County Outdoor Medical Marijuana Ordinance Referendum, Measure A (November 2014)
d Lake County "Medical Marijuana Control Act" Initiative, Measure O (November 2014)
d Lake County "Freedom to Garden Human Rights Restoration Act" Initiative, Measure P (November 2014)
d City of Weed Permitting Licensing of Medical Marijuana Dispensaries Advisory Question, Measure L (November 2014)
a City of Weed Outdoor Marijuana Cultivation Ban Advisory Question, Measure K (November 2014)
a Lake County Marijuana Cultivation Ordinance 2997 Referendum, Measure N (June 2014)
City of Imperial Beach "Compassionate Access Ordinance" Medical Marijuana Dispensaries Act (June 2014)
City of Napa Medical Marijuana Dispensary Referendum (November 2014)
City of San Jose Medical Marijuana Regulation Act of 2014 (November 2014)

See also

• Local marijuana on the ballot
• November 4, 2014 ballot measures in New Mexico
• Bernalillo County, New Mexico ballot measures

External links

Suggest a link

• Bernalillo County Clerk's Office website

Additional reading

• New Mexico Telegram, "Morning Word: ABQ ballot measures likely to be vetoed by mayor," August 20, 2014
• San Francisco Chronicle online, "Albuquerque mayor considers veto on pot measure," August 20, 2014
• KUNM, "Headlines: ABQ Mayor May Veto Marijuana Vote, Governor Opposes Pot Advocacy And More," August 20, 2014
• Denver Post, "Albuquerque marijuana measure vetoed by mayor," August 30, 2014