Governor Vetoes Hemp, Beer and Wine Delivery Bills

Messages say bills conflict with federal law and other state rules

On the final day for action on bills, Gov. Susana Martinez actively vetoed two measures that passed with wide approval during this year's state legislative session.

One of the bills would have allowed the state's agricultural department to grow hemp for research purposes. Another would have allowed home delivery of beer and wine.

In her veto message, Martinez explains that the bill would create complications between state and federal law.

"As just one example, federal law classifies tetrahydrocannabinol (THC) as a controlled substance where hemp products designed for human ingestion are concerned. Senate Bill 94 does not recognize this distinction," she writes. "This and other conflicts between state and federal law would unnecessarily complicate the task of law enforcement and the state Department of Agriculture of regulating the production of hemp."

Yet the federal 2013 Farm Bill allows states to grow hemp, which contains 0.3 percent THC and is impossible to get high from, as long as that hemp is tied to a research university or a state agriculture department. States must pass their own law allowing them to opt-in to the Farm Bill guidelines, which is what the bill sponsored by state Sen. Cisco McSorely, D-Bernalillo, would have done.

Twenty states allow for hemp production of some sort.

Jerry Fuentes, a Truchas farmer, has been lobbying the legislature to pass hemp reform for 15 years. This year marked the first time since the Farm Bill that Fuentes pushed for reform and was his most successful effort.

Fuentes says he lobbied for the bill on his own time and his own pocket.

"I didn't have any financial support," he says. "It was a lot of work and an exercise in futility with her. Even though it's being done all over the country, she has a punitive mentality [about hemp]."

Martinez writes that the bill to allow for beer and wine delivery services to homes didn't provide "specific penalties for Liquor Control Act violations that possessors of the new license might commit." One point she makes is how the bill still allows delivery of alcohol after 9 pm on Sundays and 10 pm during all other days. She also writes that the bill allows for multiple consecutive $20 food orders to the same house, which "could facilitate underage drinking."

Justin Greene, the Santa Fe-based owner of Dashing Delivery who manned 200 hours of his own time to push the legislation through this year, says all of these concerns could have been ironed out by the state's Alcohol and Gaming Division. As for underage drinking concerns, Greene says that deliverers would have been subject to the same laws and penalties as everyone else.

Though he's disappointed with the veto, Greene says he is glad that Martinez wrote her concerns in the veto message.

"If the governor sees that this is a possible option with better language to fit her concern, we would be very happy to hear this in the 30-day session as one of the governor's items," Greene says, referring to next year's budget session.

Or, he adds, any potential special legislative session.

Research how the governor acted on other bills from the House and Senate.

Letters to the Editor

Mail letters to PO Box 4910 Santa Fe, NM 87502 or email them to editor[at]sfreporter.com. Letters (no more than 200 words) should refer to specific articles in the Reporter. Letters will be edited for space and clarity.

We also welcome you to follow SFR on social media (on Facebook, Instagram and Twitter) and comment there. You can also email specific staff members from our contact page.