Sen. Katy Duhigg, D-Albuquerque, discusses a bill to expunge criminal records for minor cannabis possession convictions during a Senate floor session on Wednesday. The bill was approved on a party-line 23-13 vote and now advances to the House. (Eddie Moore/Journal)
SANTA FE — A bill that would wipe certain cannabis-related convictions off New Mexicans’ criminal records moved closer to final approval on Wednesday, with supporters describing it as a critical part of a broader state policy shift toward marijuana.
The Senate voted 23-13 along party lines to pass the bill, Senate Bill 2, with majority Democrats voting in favor and Republicans casting “no” votes.
With Senate approval, the bill moved on to the House, which was expected to vote on it later Wednesday as a special session called by Gov. Michelle Lujan Grisham stretched into its second day.
Backers of the expungement proposal said it would help New Mexicans who have faced challenges finding housing and jobs due to past cannabis possession offenses on their record.
“What we’re trying to do here is rectify the mistakes of many years — of decades,” said Sen. Gerald Ortiz y Pino, D-Albuquerque, who said low-income New Mexicans and minorities have faced stiffer consequences than others for pot possession under the state’s criminal justice system.
But critics described the bill as rushed and problematic, while also pointing out it was significantly overhauled Tuesday by a Senate committee.
“This is just a poor bill, that’s why we’re amending it 12 times,” Senate Minority Leader Greg Baca, R-Belen, said during Wednesday’s debate.
Specifically, the bill would order the expungement of criminal records for marijuana-related offenses that would fall under a proposed cannabis legalization law.
It would also authorize the release of New Mexicans jailed for minor cannabis-related offenses, though it was unclear Wednesday exactly how many inmates might eventually be freed.
Sen. Katy Duhigg, D-Albuquerque, said the expungement provision would be automatic under the legislation, meaning individuals would not have to file petitions in order for past cannabis convictions to be removed from public court records.
Instead, the burden for reviewing criminal records for expungement eligibility would fall largely under the Department of Public Safety and the state’s court system.
Meanwhile, criminal convictions for marijuana trafficking or possession of large amounts — more than 2 ounces — would not be subject to expungement since they would remain illegal under the proposed cannabis legalization law.
The expungement provision was initially included in a cannabis legalization bill that passed the House during this year’s 60-day session.
But that bill ultimately fell short in the Senate, in part due to opposition to “social justice” provisions among GOP lawmakers, setting the stage for the special session in which the expungement section was introduced as a stanadlone bill.
Senate President Pro Tem Mimi Stewart, D-Albuquerque, said the new strategy appeared to be paying off so far during the special session that started Tuesday.
“I think in the long run it will be beneficial to getting both bills passed,” Stewart told the Journal.
She also said the special session could stretch into Thursday if additional changes are made to the legalization and expungement bills, as such changes would require a final level of legislative approval.