City of Albuquerque
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File #: O-21-82   
Type: Ordinance Status: In Committee
File created: 11/15/2021 In control: Public Safety Committee
Final action:
Enactment date: Enactment #:
Title: Amending Chapter 12, Article 4, Section 10, Of The Revised Ordinances Of Albuquerque (Unlawful Advertisement, Manufacture, And Delivery Of Drug Paraphernalia) To Conform To The New Mexico Cannabis Regulation Act, NMSA 1978, Section 26-2C-1 Et Seq (Benton)
Attachments: 1. O-82
CITY of ALBUQUERQUE
TWENTY FOURTH COUNCIL


COUNCIL BILL NO. O-21-82 ENACTMENT NO. ________________________

SPONSORED BY: Isaac Benton


ORDINANCE
title
Amending Chapter 12, Article 4, Section 10, Of The Revised Ordinances Of Albuquerque (Unlawful Advertisement, Manufacture, And Delivery Of Drug Paraphernalia) To Conform To The New Mexico Cannabis Regulation Act, NMSA 1978, Section 26-2C-1 Et Seq (Benton)
body
WHEREAS, The Cannabis Regulation Act, NMSA 1978, ? 26-2C-1 et seq., ("CRA") was signed into law by the New Mexico Legislature on April 12, 2021; and
WHEREAS, The CRA contains provisions authorizing the possession, consumption, purchase, processing, manufacturing, and transport of cannabis and cannabis-related products by an individual who is at least twenty-one (21) years of age; and
WHEREAS, The CRA provides the regulatory framework for the licensing and operation of cannabis establishments which are authorized to engage in the retail sale, cultivation, processing, manufacture, and transport of cannabis and cannabis-related products; and
WHEREAS, The State Controlled Substances Act, NMSA 1978, ? 30-31-1 et seq. was updated to exclude from its definition of "drug paraphernalia" equipment, products, and materials used in accordance with the Cannabis Regulation Act or the Lynn and Erin Compassionate Use Act; and
WHEREAS, The Albuquerque Criminal Code, Section 12-4-10 declares unlawful the advertisement, manufacture, and delivery of drug paraphernalia, and includes language that classifies as "drug paraphernalia" equipment, products and materials utilized in the consumption of cannabis and cannabis-related products, including "hashish" and "hashish oil" which are concentrated cannabis products; and
WHEREAS, The City Council finds that in order to integrate changes to State law, conforming changes must be made to Section 12-4-10 of the Albuquerque Criminal Code, to remove references to cannabis and cannabis-...

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