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New Mexico cannabis industry braces for federal rescheduling

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New Mexico cannabis industry braces for federal rescheduling


ALBUQUERQUE, N.M. – In a historic announcement, President Joe Biden says it is time for the feds to rethink how dangerous marijuana really is. His administration is downgrading cannabis in its drug classification.

It’s a monumental decision that will impact many areas of the legal marijuana industry, including in New Mexico.

“It’s a historic, monumental policy shift and how the federal government treats cannabis. But it’s kind of bittersweet, too, it doesn’t go far enough,” said Ben Lewinger, executive director of the New Mexico Cannabis Chamber of Commerce. 

Lewinger says it’s about time the feds catch up with the American people.

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“We know that most Americans today want cannabis to be legal, to be regulated, similar to alcohol or tobacco,” said Lewinger. 

He says Biden’s plan to reschedule marijuana isn’t doing that.

“It’s kind of a giveaway to the Big Pharma,” Lewinger said. 

Marijuana, or cannabis, is currently a Schedule 1 drug. It’s considered the worst of the worst, alongside other drugs like heroin.

The Biden administration wants to reclassify it as a Schedule 3 drug, meaning it’s still concerning, but there are some recognizable medical benefits.

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“Schedule 3 includes pharmaceuticals, like Klonopin, like Tylenol with codeine, so still highly regulated pharmaceutical products. We do know that there will be immediate relief in the form of cannabis businesses not having to deal with 280E, which is an IRS tax code that applies only to Schedule 1 substances. What we don’t know is whether or not being regulated by the FDA and the DEA would incur additional costs,” said Lewinger. 

Lewinger admits this is uncharted territory for the cannabis industry. A spokesperson with the Cannabis Control Division says they are just beginning to digest the draft rule, and figuring out how this will impact New Mexico’s cannabis industry.

But Lewinger says there are clues about what happens to Schedule 3 drugs.

“It presents a pharmaceutical model for states that have legalized cannabis,” Lewinger said. “I think that having to have a prescription for cannabis may not be off the table. I think that there’s going to be lots of companies rushing to develop IP to get trademarks on different cannabinoids.”

He predicts the change could also allow New Mexico to export cannabis products, potentially providing another boost to the booming industry.

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“It’s a really exciting time for our industry in New Mexico right now,” said Lewinger. 

Recreational sales topped $38 million last month, just shy of a record $39 million the month before.

Lewinger says the rescheduling process could take years to complete, so don’t expect any noticeable industry changes anytime soon. He says don’t expect any more major shifts for a while.

“My feeling is that shifting from Schedule 1 to Schedule 3 is actually going to put off real descheduling for another decade or even longer,” said Lewinger. 

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New Mexico

New Mexico Environment Department to hold hearings on Project Jupiter air quality

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New Mexico Environment Department to hold hearings on Project Jupiter air quality





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New Mexico

UNM plans to build new gates along Central

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UNM plans to build new gates along Central


ALBUQUERQUE, N.M. – The University of New Mexico plans to build new gates at four campus entrances along Central that will close nightly.

The gates will replace manual barriers in a project expected to cost about $1.5 million.

The Board of Regents approved the security upgrades for the UNM campus.

University officials said the gates will automatically close nightly from 10 p.m. to 6 a.m.

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The gates will go in near Princeton Drive, Stanford Drive, Yale Boulevard and Terrace Street on the south end of campus.

A current rendering shows the gate completely blocking the road. Officials said the change will reduce unauthorized traffic and allow police officers to focus more effectively on prevention and response.

Construction will start in May. University officials hope to finish the project by September.



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New Mexico

9-year-old who pleaded to go to spelling bee is released from ICE detention

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9-year-old who pleaded to go to spelling bee is released from ICE detention


A 9-year-old boy who begged to be released from an immigration detention center so he could attend his state spelling bee has been freed with his family, their lawyer said Wednesday.

Deiver Henao Jimenez made the plea during a video call this month with children’s entertainer Ms. Rachel, whose real name is Rachel Accurso.

“I don’t want to be here anymore,” Deiver said on the call, which was later shared on Accurso’s social media pages. “Nothing is good here.”

He and his parents, asylum-seekers from Colombia, had been held at the Dilley Immigration Processing Center in South Texas since early March, when they were detained during a routine immigration check-in in New Mexico, according to their lawyer, Corey Sullivan Martin.

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ICE freed the family on humanitarian parole Wednesday, about a week after Martin filed a request for their release and days after NBC News reported on their case.

Deiver Henao Jimenez finished third in a Spanish spelling bee organized by Las Cruces, N.M., Public Schools.Las Cruces Public Schools

His elementary school principal wrote a letter in mid-March supporting the family’s release, which was later delivered to immigration officials, describing Deiver as “a dedicated student with excellent attendance and high marks.”

Sullivan Martin said Deiver is eager to return to school, rejoin his gifted and talented classes and get back to practicing his spelling words.

“I don’t see how it was necessary at all to detain a child who was doing exactly what we want children to do,” Sullivan Martin said.

The family planned to return to New Mexico, she said, where they will continue checking in with immigration officials while their case proceeds.

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The Department of Homeland Security did not immediately respond to a request for comment.

Deiver was released a day after ICE freed another child whose case drew widespread attention following a video call with Accurso. Gael, a 5-year-old boy with developmental disabilities, had experienced worsening medical issues while he was detained at Dilley, his parents said.

The facility has faced growing scrutiny from immigration lawyers and advocates, who say children there have struggled to access adequate medical care and education in an environment where lights remain on around the clock and officers stand guard. Some families have described poor food and long waits for medical attention.

DHS has disputed those accounts, saying families are provided appropriate care in a facility designed for their needs.

After her video meetings with the children, Accurso — known for her signature pink headband and singsong delivery — called for Dilley to be shut down and for families to be returned to their communities.

During their conversation, Deiver told Accurso he missed his friends and said the food at Dilley made his stomach hurt. But he was most worried about getting out in time to compete in New Mexico’s state spelling bee in May after he earned a spot by placing third at a regional competition.

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“We’re trying to get a child out of a jail to do a spelling bee,” Accurso said last week. “I just never thought those words would go together.”





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