Drive-Thru Weed Sales Remain In New Mexico As Lawmakers Approve 'Clean Up' Marijuana Bill

New Mexico lawmakers passed a cannabis measure, Senate Bill 6, in a 25-15 vote sending it to the House of Representatives for consideration with just nine days remaining in this session. The legislation, sponsored by Sen. Katy Duhigg (D) aims to "clean up and address unintended consequences" of the state's cannabis law, reported Santa Fe New Mexico.

By just one vote, the legislators approved an amendment to the bill Monday continuing to allow marijuana businesses to offer their services at drive-thru windows. Senator Jeff Steinborn (D) introduced the proposed amendment arguing Duhigg's initial version of the bill could potentially close some retailers.

The amendment was heavily debated, with some senators opposing it based on the fact that New Mexico has closed all of its drive-thru liquor stores due to concerns about driving under the influence of alcohol.

Senator Joseph Cervantes (D) who lost one of his law partners and ex-girlfriend because of drunk drivers, commented, "We have a serious problem in our state and we have to address it aggressively. … Marijuana and alcohol both impair driving."

Other changes under Senate Bill 6 include establishing procedures for background checks, exempting retailers from proving they have water rights and enabling liquor licensees to also obtain a cannabis retail license, though both products can't be sold at the same location. 

A proposed amendment creating a moratorium on new licenses failed. 

See Also: New Mexico: Lawmakers Want A Temporary Halt On New Retail Licenses 

Lawmakers also discussed conflicts of interest after the Senate Judiciary Committee recently amended the bill by removing a clause prohibiting state lawmakers from getting involved in the cannabis industry before Jan. 1, 2026.

New Mexico lawmakers, who are unpaid, work for a living, across a wide variety of industries. 

Steinborn questioned why the prohibition was removed. "It removed a little bit of conflict of interest," Steinborn said as reported by NMInDepth "…we have lots of conflicts in our Legislature and this would be an exception to that if we left it in."

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