Thursday, October 12, 2023Other Voices: Marijuana Magnate Duke Rodriguez Is Not High On New Mexico's Legal Market; "The Black Market Is Alive And Well," Plus: Sen. Bill Tallman Retires: Endorses Rep. Figueroa To Take His Seat
In an August 22nd blog post here, state Senator Joseph Cervantes and others discussed ‘how’ and ‘why’ New Mexico’s cannabis market went off the rails. It boils down to, “the black market is alive and well.”
The questions now should be: why would anyone in their right minds buy marijuana illicitly or grow it illegally, especially when licenses are being given so freely, without inspections or oversight? Realistically, it is likely harder to travel in and out of this week’s Balloon Fiesta than to obtain a license to enter NM’s cannabis market. When the Legislature passed the Cannabis Regulation Act, it emphasized the importance of “ensuring a regulated environment for commercial cannabis activity that does not impose unreasonable barriers that would perpetuate, rather than reduce and eliminate, the illicit market for cannabis.” NMSA 1978, Section 26-2C-3(G) (2021). The result has been the complete opposite. From excessive taxation, over regulation, lack of enforcement and simply from the high turnover in the Cannabis Control Division (CCD) – the incentives are too great to stay out of the regulated market and instead thrive in the illicit market. Going forward, CCD continues to instill a mindset of ‘beating’ the existing licensed operators into submission. Archaic plant counts, packaging rules, plant tagging, ads with wordy disclaimers, restrictions on ad placements, new education requirements. . . the list of operational barriers (red tape) goes on and on. And then to periodically hold up as an example of success, catching one single mom-and-pop licensee with a handful of California produced edibles or cartridges and declaring victory is inane. Is the juice worth the squeeze? All the while, there are unlicensed growers in NM with upwards of 250,000 plants--larger than any licensed grower in the state. Yes, bad actors in the licensed arena are a bad thing. But a much bigger problem is illicit operators. Their economic impact is larger than the entire regulated market and certainly makes the fatuity of a few bad apples highlighted on the evening news more apparent. The scale of impact from these illicit operators is so much larger with the scale of their operations. They have huge competitive advantages that are near impossible to overcome when we try to compete fairly and within the current framework. VERDICT IS CLEAR  Judging by the numbers for recreational sales, recreational purchasers are also hitting the illicit market. The sales released by CCD may sound impressive, but if you do the math—the adult population plus the Texas border times reliable consumption data—you realize the revenue should be much bigger. Unfortunately, the illicit market siphons off a large proportion of sales from the legal market. The state should stop focusing on the color and size of the font on packaging and do the things that will have leap-frog gains against the illicit market: no cannabis excise tax, no NMGRT, no plant count, no excessive fees, no burdensome regulations, etc. We had a medical cannabis program that was saddled with over regulation and mismanagement by the NMDOH. Thankfully, through various court decisions we were able to overcome the failed and draconian oversight exercised by the NMDOH. Let’s not repeat the missteps of the past with the current handling of commercial cannabis activity in New Mexico. Shakespeare said, “what’s past is prologue.” But that’s all it is—a prologue to the full story. Legislators and regulators cannot let past medical cannabis mistakes write the entire book on cannabis in New Mexico. Simply put, let’s do what the Legislature passed into law: reduce and eliminate the illicit market for cannabis. We appreciate that provocative contribution. Other Voices is a forum for insightful commentary on the issues of the day facing New Mexico. We welcome your voice or that of your organization. Just drop your column of up to 625 words to newsguy@yahoo.com--and we'll review it for publication. TALLMAN RETIRES
Tallman says he would be 88 years old when his third term would end in 2029. He says of Figueroa: It's time for new bold leadership to fight for the issues that are so important. . .She's smart; she is hard-working; she is personable and she listens. Figueroa is serving her third two year term. She is a 30 year APS teacher currently teaching Spanish. She wasted no time getting her key endorsement up on her website. Figueroa won't get a free ride for the Dem nomination next June. Greg Seeley, 40, and already retired from the Air Force, has announced his candidacy. Although Seeley has political experience as a policy staffer with Sen. Ben Ray Lujan and others, Figueroa will start in the pole position with Tallman's endorsement and $88,000 in her campaign account. A Dem consultant said: The race will not be handed to her. She will have to work but she is well-liked and now well-positioned for a seat in the Senate. District 18 has gotten more Dem under redistricting. No R's need apply. The Dem primary will be the whole enchilada. As for Tallman, he reflected on his tenure: . . . I am proud that we passed legislation and budgets that improved our educational system, increased teacher pay, expanded access to affordable health-care, lowered prescription drug prices, expanded economic development, and combated climate change. . . I initiated a bill to provide a tax credit for the purchase of certain electric vehicles. I was the first state legislator to sponsor a bill to provide free tuition for most community college students. . .Some of my disappointments include not being appointed to the Finance Committee, not being able to move the needle on capital outlay reform and failing to obtain funding for a Downtown ABQ multi- purpose arena. This is the home of New Mexico politics. E-mail your news and comments. (newsguy@yahoo.com) Interested in reaching New Mexico's most informed audience? Advertise here.   (c)NM POLITICS WITH JOE MONAHAN 2023 Wednesday, October 11, 2023Balloonists Share Hot Air With The Politicos, Plus: Improving The Fairgrounds And Moving The Fair And Latest Radio Ratings This may be the perfect sign to go with what so far has been a glorious 51st ABQ International Balloon Fiesta.We hope BernCo District Attorney Sam Bregman and his new primary challenger, former US Attorney Damon Martinez, don't take offense since theirs is the race that is on the front burner of La Politica as the balloonists decorate our legendary skies. (Our coverage is on the Tuesday blog.) It's going to be a good race for the '24 Dem primary nomination for DA which also includes public defender Mathias Swonger. No Republican has announced. BernCo DA one of the highest profile positions in New Mexico, given the reach of TV news and the constant crime to report. Already supporters of Martinez are resurrecting Sam's old nickname of "Showboat Sam," claiming he is all black hat and no cattle. Meanwhile Bregman backers are not reluctant to call the low-key Martinez "a weenie" who criminals will roll right over. We suspect the contenders public talk will be a bit more uplifting than the cackles heard on Alligator Alley. Alligators checking in agree that Bregman doesn't have the greatest appeal to the many progressives among the Dems, but they point out that progressive Dem US Rep. Melanie Stansbury endorsed Bregman on the same day Martinez announced his bid. They also point out that a number of other progressives are already in Sam's corner, including state Senate President Mimi Stewart. House Speaker Javier Martinez and Senator Jerry Ortiz y Pino. Most important, the competitive DA primary race will finally give us a serious debate over ABQ's relentless crime, featuring two guys who are not lightweights. The city was deeply disappointed when the BernCo Sheriff faced off with Mayor Keller in 2021 and the debate quickly turned desultory. Competition can only sharpen the city's crime fighting abilities. Everyone can vote for that. GOOD MOURNING  Joe, is anyone in La Politica considering relocating the State Fairgrounds to the outskirts of Albuquerque and opening the fairgrounds to new development? It’s an obvious solution for a city looking to expand its housing stock. The fairgrounds sit in the middle of the city but is grossly underutilized. At a time when the state is rolling in dough, building a new Fairgrounds in the west exurbs or South Valley would be easy enough. Imagine the development opportunities for the existing fairgrounds site: an entire new neighborhood with low-cost housing, mixed-use commercial development, walkable streets and bike trails for the greenies, etc. The possibilities would make a city planner salivate. I’m sure there are political barriers to this scheme, but I’m surprised this is not on Mayor Keller’s big-thinking agenda. This proposal has been making the rounds for quite a while and deserves another look with the oodles of state capital outlay funds available due to the oil boom. A brand new fair with brand new buildings and a revitalization of the current fairgrounds? There's a great idea in there somewhere and it would sure be a brilliant career capper for Mourning who is one of the state's longest serving fair managers. Of course, we're still waiting for a new Tingley Coliseum. We'll keep trying. . . KEEPING KIDS SAFE On our first edition of "Other Voices" on last Thursday's blog we heard ABQ attorney and child law specialist Marron Lee tackle the state's difficulties keeping children out of harms way. That drew this reaction from Kevin Berry, a marriage and family therapy specialist: Joe, I have spent over 19 years serving in the child welfare system in New Mexico. As Marron Lee pointed out, the system has continually become worse. However, solutions and reforms need to address more than just CYFD.  "When the rights of the parents clash with the efforts to safeguard their children, the child's safety takes precedence." We also need District Attorneys who will prosecute every substantiated case of abuse or neglect, judges who will enforce the law instead of giving lenient slaps on the wrist, a governor who will make the safety of New Mexico's children their top priority and who will appoint a secretary of CYFD that actually has experience in child welfare. The child welfare problem in New Mexico is not a Republican or Democrat problem, it is a priority problem. Until the citizens of New Mexico make it a priority, and hold those who are elected accountable for fixing it, the system will continue to fail the children it was meant to serve. THE BOTTOM LINES Checking on the latest ABQ radio ratings, public radio station KANW 89.1 FM, known for its Spanish "New Mexico Music," and NPR coverage is back in the #1 position after sharing it on and off with KZRR-FM (94 Rock) which comes in second. News/talker KKOB-AM is #3. The full ABQ Nielsen ratings that measure the audience listening from 6 a.m. to midnight in the month of August are here. . . This is the home of New Mexico politics. E-mail your news and comments. (newsguy@yahoo.com) Interested in reaching New Mexico's most informed audience? Advertise here. (c)NM POLITICS WITH JOE MONAHAN 2023 Tuesday, October 10, 2023Crime Crisis Competition: DA Bregman Draws Opponent With Experience And Name ID But Who Also Has Baggage; Former US Attorney Damon Martinez Enters Contest
Sam Bregman has a recurring nightmare--an Hispanic Democrat with name ID, a long background in law enforcement and the ability to raise money decides to oppose him for the Democratic nomination for District Attorney in next June's primary. Only it isn't a nightmare anymore. It became reality today when former US Attorney Damon Martinez announced he will oppose Bregman who MLG appointed to the job in January when DA Raul Torrez became attorney general. Martinez, 57, who in 2018 was named as APD's Chief Policy Adviser and left the $125,000 a year position in August, ripped into Bregman, coming with this: I am answering the call to service because our current District Attorney is not providing the leadership and expertise that we so desperately need. Murders are being plead down and fentanyl dealers are serving one or two days in jail and then being released to continue terrorizing our streets. It has to stop and I have the experience and expertise that this moment demands. We'll carry Bregman's response when it comes in. As a former US Attorney Martinez far outranks Bregman in prosecutorial experience who has only a previous stint as an assistant district attorney in the DA's office. Rather, he has heady success as one of the state's more prominent criminal defense lawyers. Martinez will have some baggage in the primary. His service with APD makes him vulnerable to charges that he has done little to resolve the crime crisis even as he served at the top of the department. In addition, he suffered a media takedown as US attorney when he was questioned about a controversial ATF sting in the ABQ SE Heights that he was deeply involved in. The four month operation resulted in allegations of racial profiling and a not so hot prosecution scorecard of this arrested. Earlier in 2018 when he ran for the Dem nomination for the ABQ congressional seat against Deb Haaland, the progressive wing rejected the US Attorney and he came in second to Haaland who went on to win the primary and general election.
This time around chances may be better because there is no name progressive in the race--at least not yet. Longtime Public Defender Matthias Swonger has announced a run but he faces financial challenges and is unknown. Also, our analysts said at the time Bregman announced his campaign in early July he may have swerved too far to the right in a Democratic and often progressive county and continues to do so as he courts favor with business and the media.Not that Martinez's rhetoric on crime won't be tough but it will be coming from a more demure personality, one with deep connections to the Hispanic community that is often on the frontlines of the crime crisis. MARTINEZ STRATEGY The ABQ native, a UNM School of Law grad who worked as a legislative aide to US Senators Jeff Bingaman and Tom Udall, can be expected to follow the old Marty Chavez playbook and work the Hispanic Valley hard while showing his tough on crime stripes to the conservative far NE Heights and other voters who are fed up with the ongoing crime scene. Martinez can also probably count on the help of Mayor Tim Keller's organization. Why? Bregman insiders are now talking about the DA getting elected to a four year term in 2024 and then turning around and campaigning for Mayor of ABQ in 2025 when Keller may very well be seeking a third term. Bregman previously ran unsuccessfully for mayor. THE BOTTOM LINES
Benson, a financial advisor who represents reliably Republican NE Heights District 4, says he will seek re-election next year to another four year term. Benson calls himself a "commonsense Republican" who is helping make possible the first Sheriff's substation in the northern part of the county and who works to make it easier to conduct business here. As for the Dems who outnumber him, maybe he can give them some coupons to Baskin Robbins to soften them up. He owns two of their stores. This is the home of New Mexico politics.E-mail your news and comments. (newsguy@yahoo.com) Interested in reaching New Mexico's most informed audience? Advertise here. (c)NM POLITICS WITH JOE MONAHAN 2023 Monday, October 09, 2023Progressives Have Candidate To Take Sen. Ivey-Soto Out And She Comes Out Firing Over Sex Harassment Charges; He Labels Her A Carpetbagger As He Weighs Decision On Run For Fourth Term, Plus: Redistricting Judge Earns Alligator Badge of Courage
And she hits him out of the gate: . . . Families in District 15 deserve a leader who upholds high moral and ethical standards in their personal and professional conduct—not those who are under investigation for financial and ethical misconduct, as is Senator Ivey-Soto. Senator Ivey-Soto has become a distraction and he is no longer effective. If he chooses to run for reelection, I am prepared to run a strong campaign to defeat him in June. The Senator returned fire, calling Berghmans a carpetbagger from Santa Fe: . . Because I stand up for my district, I have upset some powerful people in Santa Fe. Despite the noise, no findings have been made against me. While I welcome Ms. Berghmans to the race, I note she is a product of Santa Fe, recruited by Santa Fe and is running a campaign starting off in Santa Fe. I’ll continue to focus on the district and on my constituents. Ivey-Soto has held back on announcing his election plans, but the clock is ticking to raise the funding he will require. Berghmans is a protege of former House Speaker Brian Egolf who has already hosted a Santa Fe fundraiser for her so her campaign coffers are expected to be hefty. 74 year old animal rights activist Marcy Britton previously announced her run for the Dem nod in the district but is not expected to be well-funded. Ivey-Soto, first elected in 2012, would be seeking his fourth term. At last report in April he had $103,000 in his campaign account, not an insignificant amount but the question is whether he will be ghosted by future donors because of the harassment charges--charges that he repeatedly points out have not resulted in any finding of guilt. Progressives can expect to come with outside money to help Berghmans and their combined efforts could go over $200,000. ANALYSIS AND CONTEXT  Ivey-Soto has a decision to make and he may want to poll the district before he makes it. The harrassment charges have battered him for well over a year. He does get a break with two opposition candiates now in the race but Britton is not a brand name and progressives will go all in with Berghmans. Still, the anti-Ivey-Soto vote stands at least a chance of being divided. Ivey-Soto has already lost his committee chairmanship because of the allegations and been disowned by the state Dem Party. Is he up for a fight to retain his seat whose power has has been greatly diminished? Can he raise the money? He's been convicted of nothing but will the charges fall flat or take hold? A poll would give him the guidance he needs as would frank conversations with potential donors. I wouldn't be surprised if that is what he is up to. The whole game is the June primary. The winner there is almost certainly to take the seat in the general election as no R's need apply in this Dem leaning district. THE BERGHMANS FILE From her campaign: Heather Berghmans is a policy analyst, finance consultant, and a native New Mexican. . .Heather was born in Albuquerque and grew up in the East Mountains. After graduating from Moriarty High School, she earned a BA in Political Science and a Master's in Public Administration from the University of New Mexico. Following her studies, Heather moved to Berlin, Germany, New York, and Miami, working for e-commerce startups. . . Since returning to New Mexico in 2018, Heather has dedicated her career to advocating for the people of New Mexico, working closely with state and local leaders to effect change. Sounds good but as always the opposition research will also have a say before all is said and done. BADGE OF COURAGE
The gerrymander charge has never held much water with political pros steeped in the nuance of such matters, one of them being Las Cruces area Dem state Senator Joe Cervantes, chair of the Senate Judiciary Committee and co-sponsor of the redistricting bill approved by the Legislature. Reacting to the ruling, he declared; I predicted, and today the court affirmed, our work is lawful and constitutional.
I wish I could pick race horses with the same confidence as legal outcomes. Predicting the redistricting outcome is one thing but predicting the winner of the southern congressional seat next year, which was at the heart of the redistricting battle, is another matter. Freshman Dem Rep. Gabe Vasquez seems especially vulnerable but former GOP Rep. Yvette Herrell has shown she not only knows how to win the district but also lose it. Any bets, Senator? This is the home of New Mexico politics. E-mail your news and comments. (newsguy@yahoo.com) Interested in reaching New Mexico's most informed audience? Advertise here. (c)NM POLITICS WITH JOE MONAHAN 2023 |
|
