On June 3, Governor Michelle Lujan Grisham made it official that she is running for a second 4-year term. Protesters showed up and yelled into bullhorns. Some criticized her response to the COVID-19 pandemic while still others held anti-vaccination signs while at least one protester held a sign that compared Lujan Grisham to Adolf Hitler.

The Governor’s announcement speech was very short and she said:

“I’m sorry that we picked the same location that the QAnon lizard people meeting was at. … We’re gonna protect New Mexico and no amount of noise will deter, intimidate or create a vacuum in leadership. That makes a difference for every single New Mexican this day, and every day.”

Every governor since then has won a second term.

Links to related news coverage are here:

https://nmpoliticalreport.com/2021/06/03/1211436/

https://www.koat.com/article/gov-michelle-lujan-grisham-will-run-for-re-election/36623018

FIRST POLL SINCE ANNOUNCEMENT

On June 30, KOB 4 published the results of the first poll taken on the Governor’s approval rating. The report was prepared by KOB 4 reporter Chris Ramirez. Below is the Channel 4 news report followed by links to the news story and poll data:

KOB 4 partnered with the non-partisan polling company Survey USA to gauge New Mexicans’ opinions on a variety of important issues, including the governor’s job performance.

“On coronavirus, she is just really high in approval, but on crime, she doesn’t have approval above 50 percent,” Atkeson said. “It’s telling me that there are all these specific issues and people are saying I’m really on coronavirus, but I’m not so high on these other things and that is what is pushing her down and creating so much uncertainty. “

The link to the Channel 4 news story is here:

https://www.kob.com/new-mexico-news/poll-gov-lujan-grisham-has-50-approval-rating/6158319/

The link to the full poll is here:

https://www.surveyusa.com/client/PollReport.aspx?g=3247819a-cbc2-4164-8a9c-8cf1f865c23e

COMMENTARY AND ANALYSIS

In 2018 when elected to her first 4 year term, Michelle Lujan Grisham won with 57.2% of the vote (398,368) to 42.8% of the vote (298,091) cast for Steve Pearce. A more than 100,000 margin in votes is a blowout win.

A 50% overall approval rating and a 32% disapproval rating should not be surprising at this point in time for a Governor that has shown real leadership making difficult decisions and who has been very effective in dealing with the coronavirus pandemic. The 59% approval rating dealing with the pandemic and the 49% approval rating dealing with the economy in all likely will increase as the state begins to reopen and things get back to normal.

Low approval ratings of 40% in both crime and policing issues is what Governors’ and Mayors’ across the country are dealing with as violent crime is a national trend. However, Governor Lujan Grisham has not totally ignored the issue and in fact has gotten behind legislation to deal with the issue, something that will be fleshed out as her bid for a second term gains full speed in the months ahead.

The one constituency that the Governor appears to need to work on is her 47% approval rating among Hispanics. 30% of Hispanics disapprove and 23% saying they were not sure of her job performance.

With an 80% approval rating from people who identify as Democrats, it is more likely than not Governor Michelle Lujan Grisham will have no opposition in the Democratic primary, and if so, it will be weak at best.

NASTY REPUBLICAN OPPOSITION

The race for New Mexico governor is a year and a half away. Two Republican candidates have announced their bid and have already gone negative.

SANDOVAL COUNTY COMMISSIONER JAY BLOCK

On April 18, 2021 Sandoval County Commissioner Jay Block announced he running for the Republican nomination for governor. Block, a retired lieutenant colonel who spent 21 years the Air Force and moved to Rio Rancho in 2015. Block has aligned himself with former President Donald Trump. In his announcement he said he is in favor of defunding abortion services and restoring qualified immunity for police officers.

In his announcement video Block said:

“This is a movement of shared values. … It’s time Michelle Lujan Grisham is out of office so we can start a new era of prosperity for New Mexicans.”

Block has already gotten nasty with his remarks about the Governor when he said:

“Michelle is proud of where New Mexico stands today. Michelle is proud New Mexico ranks last in education. Michelle is proud New Mexico ranks first in child poverty.”

GREG ZANETTI

On June 14, Republican Greg Zanetti announced his campaign. Zanetti is a former Bernalillo County Republican Chairman and a former New Mexico National Guard Brigadier General who now works in the business of wealth management. He has said in the past that he does not intend to get vaccinated for covid. With respect to the Governor, Zanetti had this to say:

“We had this autocratic governor come down and impose all these rules where we shut down businesses, locked down the kids, we shut the state down, and as the facts changed and we learned more about COVID, she didn’t adjust.”

Surprisingly, Republican conservative Zanetti is distancing himself from Der Führer of his party and former president Donald Trump and said:

“This isn’t about Donald Trump. It’s not about one person, it’s about a bigger message.”

Ostensibly, Zanetti did not get the memo from New Mexico Republican Party Chairman Steve Pierce that the Republican Party in the state and nationally are very much in lock step with Trump.

Former Republican Governor “She Who Shall Not Be Named” learned the hard way when she crossed Trump by not endorsing him. On May 26, 2015, appearing at a campaign rally in Albuquerque, Der Führer Trump unleashed a blistering assault on the former Republican Governor who skipped the event, by saying she was “not doing the job.” Trump faulted her by falsely asserting she was allowing Syrian refugees to settle in the state, and blamed her for Albuquerque’s unemployment numbers as well as the increase in the number of New Mexico residents on food stamps.

https://www.nytimes.com/2016/05/26/us/politics/donald-trump-gov-susana-martinez-new-mexico.html

Each year the “Point in Time” (PIT) survey is conducted to determine how many people experience homelessness on a given night in Albuquerque, and to learn more about their specific needs. The PIT count is done in communities across the country.

The PIT count is the official number of homeless reported by communities to the federal Department of Housing and Urban Development (HUD) to help understand the extent of homelessness at the city, state, regional and national levels.

The PIT count requires the use of the HUD definition of “homelessness”. PIT follows the HUD definition of homelessness and counts only people who are sleeping in a shelter, in a transitional housing program, or outside in places not meant for human habitation. Those people who are not counted are those who do not want to participate in the survey, who are sleeping in motels that they pay for themselves, or who are doubled up with family or friends

HUD requires that any community receiving federal funding from homeless assistance grant programs conduct an annual count. In even numbered years, only sheltered homeless are surveyed. In odd numbered years, both sheltered and unsheltered homeless are surveyed. Only those homeless people who can be located and who agree to participate in the survey are counted.

HUD defines sheltered homeless as “residing in an emergency shelter, motel paid through a provider or in a transitional housing program.” It does not include people who are doubled up with family or friends.

HUD defines “unsheltered homeless” as those sleeping in places not meant for human habitation including streets, parks, alleys, underpasses, abandoned buildings, campgrounds and similar environments.

https://www.cabq.gov/family/documents/2019-albuquerque-pit-count-final.pdf

The PIT count is viewed as a single night snapshot of homeless people and it is understood to be an undercount. The City of Albuquerque contracts with The New Mexico Coalition to End Homelessness to conduct the annual “Point in Time” (PIT). In even-numbered years, only homeless people who stay in shelters are counted. The PIT count represents the number of homeless people who are counted on one particular night. This year’s count occurred from January 26 to February 1.

2021 POINT-IN-TIME (PIT) REPORT

On June 22, Albuquerque’s 2021 Point-In-Time (PIT) report was released that surveyed both sheltered and unsheltered homeless. This year, the survey asked where people stayed the night of January 25.

Major highlights of the 2021 PIT report are as follows:

There were 1,567 sheltered and unsheltered homeless people living in Albuquerque, a slight increase over the 2019 count of 1,524 homeless.

Albuquerque’s unsheltered homeless decreased from 567 people in 2019 to 413 in the 2021 count.

42% of Albuquerque’s unsheltered were defined as chronically homeless, meaning they had been continuously homeless for at least a year and had a disabling condition
21% said they were homeless due to COVID
37% were experiencing homelessness for the first time
12% were homeless due to domestic violence.
30.19% of the homeless in Albuquerque self-reported as having a serious mental illness,
25.5% self reported as substance abusers.

In the rest of the state, 37.92% of the homeless self-reported a serious mental illness, while 63.3% self reported as substance abusers.
The combined PIT numbers for the areas outside of Albuquerque is defined in the report as “Balance of State” (BOS). The 2021 BOS PIT count reports that 1,180 sheltered and unsheltered homeless, a 31% decrease from the 1,717 counted in 2019.

Operators of programs that provide services to Albuquerque’s homeless say the actual number of homeless is far greater than indicated in the PIT count. The Albuquerque Public Schools says the number of homeless children enrolled in district schools, meaning kids from families that have no permanent address, has consistently been more than 3,000.

The link to quoted statistics is here:

https://www.abqjournal.com/2402560/homeless-numbers-see-little-change.html

https://www.cabq.gov/family/documents/2019-albuquerque-pit-count-final.pdf

PRIOR POINT-IN-TIME COUNTS

According to the 2019 Point-In-Time count, there were 1,524 sheltered and unsheltered homeless people counted in Albuquerque . This is 206 more homeless than the 2017 PIT count that recorded 1,318 homeless people in the city limits.

The 2017 survey found that there were 1,318 people reported experiencing homelessness on the night of the count, which then was an increase of 31 people over the 2015 PIT Count. The 2015 survey count found 1, 287 people reported experiencing homelessness on the night of the count.

For 2017, 379 people self-reported as chronically homeless, which was an increase of 119 people over the 2015 PIT Count. PIT counted 39 more people who self-reported as chronically homeless who were sheltered and 80 more people that self-report as chronically homeless who were unsheltered in 2017. The 2019 PIT report states that most people experiencing unsheltered homelessness in Albuquerque were residents of Albuquerque before becoming homeless.

The link to quoted statistics is here:

https://www.abqjournal.com/1355819/annual-count-shows-citys-homeless-numbers-up.html

ACTUAL NUMBER OF HOMELESS MUCH BIGGER

Government agencies and nonprofits report that the city’s homeless numbers are greater than those found in the PIT reports and that the number of homeless in Albuquerque approaches 4,500 to 5,000 in any given year.

The nonprofit Rock At Noon Day offers meals and other services to the homeless. Noon Day Executive Director Danny Whatley reported that there are 4,000 to 4,500 homeless people in the Albuquerque area. What is alarming is that according to Whatley, the fastest-growing segments are senior citizens and millennials (ages 23 to 38 in 2019).

Albuquerque Public Schools (APS) is New Mexico’s largest school district, serving more than a fourth of the state’s students and nearly 84,000 students. APS spokeswoman Monica Armenta stated the number of homeless children enrolled in district schools, meaning kids from families that have no permanent address, has consistently ranged from 3,200 to 3,500. APS serves many students in need with nearly two-thirds qualifying for the federal school meals program. The APS school district serves 29,000 breakfast per school day and 41,000 lunches per school day.

The centralized citywide system known as the Coordinated Entry System that the city uses to track the homeless and fill supportive housing openings reports that approximately 5,000 households experienced homelessness last year.

CITY OF ALBUQUERQUE SERVICES TO THE HOMELESS

The Family and Community Services Department is a key player in the City’s effort to end homelessness. The Departments services include prevention, outreach, shelter and housing programs and supportive services.

The City of Albuquerque has at least 10 separate homeless service provider locations throughout the city. The entire general fund budget for the Department of Family and Community Services is approximately $41 million. The $41 million is not just exclusive funding for services to the homeless.

The service offered by the Family and Community Services Department are directly provided by the city or by contract with nonprofit providers. The services include social services, mental/behavioral health, homeless services, health care for the homeless, substance abuse treatment and prevention, multi-service centers, public housing, rent assistance, affordable housing development, and fair housing, just to mention a few.

The following homeless services are funded by the City of Albuquerque, HUD’s Continuum of Care grants, Emergency Shelter Grants, and other grants administered by the City of Albuquerque:

1. Emergency Shelters for short-term, immediate assistance for the homeless for men, women, families, emergency winter shelter and after-hours shelter. The city’s West Side Emergency Housing Center has up to 450 beds available. The shelter is now open year-round. The operating cost of the facility is $4.4 million a year.
2. Transitional Housing assistance designed to transition from homelessness to permanent housing.
3. Permanent Supportive Housing for homeless individuals dealing with chronic mental illness or substance abuse issues
4. Childcare services for homeless families
5. Employment Services and job placement for homeless persons
6. Eviction Prevention or rental assistance and case management to prevent eviction and homelessness
7. Health Care services for homeless individuals and families
8. Meal program providing for homeless individuals and families in need
9. Motel Vouchers or temporary vouchers for homeless individuals with immediate medical issues and families with children, where emergency shelters cannot accommodate them. The city spends $8 million a year to provide 775 vouchers for rental assistance and to move homeless people from the street into housing. In the 2019-2020 approved city budget, an additional $2 million was added to the fund which will allow another 125 to 150 people to get into housing.
10. The Albuquerque Heading Home program initiative which moves the most medically fragile and chronically homeless people off the streets and into permanent housing. Since its inception in 2011 to January, 2017, it has placed 650 people into housing that assists with housing and providing jobs.

CITY BUYS GIBSON MEDICAL CENTER FOR GATEWAY CENTER

On Wednesday, May 7, 2020, Mayor Keller announced that the city was abandoning the development concept of a single, 300-bed homeless shelter and that the city would be proceeding with a “multi-site approach” to the city’s homelessness crisis. Mayor Tim Keller went so far as to state that the 300 bed Gateway Center was “off the table”.

The city officials said the new multi-site approach could mean a series of “smaller facilities” throughout the community. Ostensibly, there would be no single resource hub in one large facility as was originally proposed with the 300 bed Gateway Center. City Family and Community Services Director Carol Pierce offered insight into what the city means when it refers to small shelters and had this to say:

“We’re often talking 100 to 150 beds of emergency shelter that could be defined as a smaller shelter.”

On Tuesday, April 6, 2021, Mayor Tim Keller held a press conference in front of the Gibson Medical Center, formerly the Lovelace Hospital, to officially announce the city had bought the massive 572,000 square-foot building that currently has a 201 bed capacity, for $15 million using in part $14 million in voter approved bonds. The facility will be transformed into one of the Gateway Center for the homeless facilities.

In making the announcement, Keller said in part:

“The City of Albuquerque has officially bought the Gibson Medical Center, the cornerstone of our Gateway Center network. In total, this represents the largest capital investment that Albuquerque has ever made for the unhoused. We have roughly 5,000 homeless people. … what we’re looking at here is to move past this question of where … No matter how you feel about it, we’ve answered that question .”

Carol Pierce, the city’s Director of the Family and Community Services Department ad this to say about the Gateway project:

We know this Gateway Center won’t solve the issue of homelessness in Albuquerque, and this is not the end of the road – it’s another step that will expand the system of care for our unhoused neighbors. The city continues to invest in these priorities through $29.6 million in social services contracts with local partners that provide shelter and behavioral health services, along with rental assistance and case management to attain and retain housing. Our annual investment in supportive housing increased by 44% since FY18. More affordable housing will be made available through $11 million in the Workforce Housing Trust Fund and on top of the $5.4 million spent in FY21 to build/renovate affordable housing. Recently, a $21.6 million investment for emergency rental assistance added new support for landlords and tenants to keep people who are in danger of losing their homes.

COMMENTARY AND ANALYSIS

The greatness of a city is reflected by the commitment it makes to help its homeless who suffer from mental illness. The city does provide extensive services to the homeless that include social services, mental or behavioral health care services, substance abuse treatment and prevention, winter shelter housing, rent assistance and affordable housing development, just to mention a few.

Charitable organizations such as Joy Junction, St. Martins HopeWorks project, Steelbridge, The Rock at Noon Day and Albuquerque Healthcare for the Homeless provide services to the homeless, and do so by being where the homeless can be found and where the homeless can seek out, reach and have easy access to services.

All too often, we tend to forget our humanity, our political philosophy and our religious faith and beliefs of hope and charity, and condemn the homeless for what we think they represent or who we think they are. We condemn the homeless whenever they interfere with our lives at whatever level – such as pandering for money, begging for food, acting emotionally unstable, sleeping in doorways and defecating in public, and, yes, when we stand downwind from them and smell what living on the streets results in personal hygiene.

The sight of homeless camps, homeless squatters in parks and living under bridges usually generates disgust. People condemn the families of the mentally ill for not making sure their loved one has been institutionalized or is taking their medications.

All too often, the families of the homeless mentally ill are totally incapable of caring for or dealing with their loved one’s conduct. We easily forget the homeless are human beings who usually have lost all hope, all respect for themselves and are imprisoned for life in their own minds, condemned to fight their demons every hour, minute and second of their life until the very day they die.

One thing that must never be forgotten is the homeless have human rights to live as they choose, not as anyone says they should live. The homeless cannot be forced to do anything against their free will or change their life unless they want to do it themselves.

The homeless should not and cannot be arrested and housed like criminals or animals. Many homeless do not want to be reintroduced into society, and many have committed no crimes and they want to simply be left alone.

The homeless who suffer from mental illness cannot be forced or required to do anything for their own benefit without due process of law. Too often, the homeless are the victims of crimes, even being bludgeoned to death for fun as Albuquerque saw a few years ago when three teenagers killed two Native Americans sleeping in a vacant lot on a discarded mattress.

We as a city have a moral obligation to make every effort and make available to the homeless services they desperately need.

Mayor Tim Keller was on the Bob Clark on show on Thursday July 1. He told Clark’s listeners the city council approved the construction of a police station at 4th and Central. Mayor Keller failed to tell the radio listeners that it’s a lease of a mere 1,100 square feet of the historic Rosenwald Building the city bought for $1.7 million and Keller turned around and sold it for $360,000 to donors of his charitable foundation, a $50,000 donation, and donations to his reelection measured finance committee totaling $15,000.

Below is a guest column regarding the sale published by the Albuquerque Journal on July 5:

Headline: Sale of historic building was dereliction of duty

Subtitle: Mayor’s donor now has title to Rosenwald, which is on the National Historic Register

“On June 7, it was reported the City Council voted to approve the sale of the historic Rosenwald Building for $360,000 in a “private bid” to build condos. In 2009, the city had purchased the historic 42,000-square-foot building for $1.7 million. The city sold the Rosenwald Building to someone who made a $50,000 donation to Mayor Keller’s charitable foundation and $15,000 in donations to his measured finance committee. The sale also includes a 14-year lease by the city of 1,100 square feet for an APD police substation.

Simply put, the sale of the Rosenwald building should never have happened and was a dereliction of duty by Mayor Tim Keller and the City Council. The sale of a building on the National Register of Historic Places by the city is what you get with Keller, who is more interested in helping his reelection donors with no concern for the city’s history. The City Council failed miserably and was derelict in its oversight function to protect the city’s history.”

The link to the Albuquerque Journal guest column is here:

https://www.abqjournal.com/2406488/sale-of-historic-building-was-a-dereliction-of-duty.html

The link to a related blog article is here:

Historic Rosenwald Building Purchased By City For $1.7 Million Sold By City For $350,000 In “Private Bid”; City Leases Space For APD Substation; Following The Money Leads To Mayor Tim Keller; Council Derelict In Selling Historic Building

KRQE-TV investigative reporter Larry Barker has gotten himself in one fine mess that just may cost him his job. On Wednesday, June 30, Barker, along with a news cameraman, went to the Albuquerque Convention Center where the New Mexico Cannabis Legalization Conference was being held and where Governor Michelle Lujan Grisham was expected to attend and speak. Barker did not go to the convention center to attend the conference but rather to try to get an unscheduled interview and an exclusive with the Governor on an unrelated matter.

VERBAL AND PHYSICAL ASSAULT

Once at the convention center, Barker proceeded to confront Governor press secretary Nora Meyers Sackett demanding an interview with the Governor. Things escalated to the point that Barker verbally and physically accosted Meyers Sackett to the point that he backed her into a wall.

Barker got inches away from Sackett’s face and began to jab and point his finger at her. Sacket Myers was wearing a light blue face mask and the full expression on her face at the time was obstructed. Barker on the other hand had no face mask. A KRQE-TV camera man with a shoulder news camera stood behind Barker and filmed the entire incident. Ostensibly, the camera man did not try to intervene and stop the confrontation.

Standing by within just a few feet was an unidentified man wearing a suit and tie with his hands crossed to below his waist in front him, also wearing a facemask, who ostensibly did absolutely nothing. A cell phone photo of the incident was taken by a third party posted on social media and all hell broke loose.

KRQE-TV APOLOGIZES

After the incident and after the photo was posted on social media, other news outlets contacted KRQE executives for comment. On Friday,July 2, Vice President and General Manager Bill Anderson, after reviewing video of the interaction, issued and apology for Barker’s conduct and said:

“I want to be very clear that regardless of the story he was pursuing, Larry’s conduct was completely inappropriate and inexcusable … we deeply regret what happened. … KRQE and its corporate parent have well-defined policies related to employee conduct: We expect employees to demonstrate high standards of business conduct in their relationships, to be exemplary citizens in the communities in which they live and work, and to treat everyone with respect. Larry violated these policies, and we are addressing his actions directly with him.”

SACKETT RESPONDS

Nora Meyers Sackett called the incident upsetting and unprofessional and commented on the incident on Twitter:

“The press and I don’t have to be best buddies all the time but I always respect them and their work, and them as people. [Wednesday] was a real low point in that relationship when I was physically accosted and practically assaulted by a KRQE reporter while doing my job at a public event.”

https://www.abqjournal.com/2405885/krqe-apologizes-for-barkers-inexcusable-behavior.html

REACTION BY RIO GRANDE CHAPTER OF THE SOCIETY OF PROFESSIONAL JOURNALISTS

The Rio Grande chapter of the Society of Professional Journalists (SPJ) condemned the incident. The SPJ Board of Directors posted in part on its website the following statement:

It’s one thing to read a description: “Pushing, shoving and a finger in the face.”

It is actions like those displayed by Barker that give our community a bad name and jeopardize our reputation. We are ashamed that a long-time New Mexico journalist would resort to such means as physical confrontation, no matter the situation at hand.

The link to the statement by Society of Professional Journalists is here:

https://spjriogrande.org/

COMMENTARY AND ANALYSIS

“Ambush is the act or instance of lying concealed so as to attack by surprise. Journalism is the occupation of reporting, writing, editing, photographing, or broadcasting news. Ambush Journalism is commonly seen in American public affairs and tabloid programs. Ambush Journalism has been around for as long [time] … and will continue to be around in the future.

The question however is if Ambush Journalism is ethical or not. This is a very hard question to answer! First who decides what is ethical? That judgement is left in the hands of both journalist and the public. Some journalists use this technique to obtain the latest and hottest news [and] the outcome can sometimes be damaging or viewed as unethical. Other journalists refuse to use this technique because they feel that it violates the basic journalistic standards of balance and fairness.”

The link to the source quote is here:

https://www.megaessays.com/viewpaper/44182.html

There are many words that can be used to describe Larry Barker’s actions and his treatment of Governor Press Secretary Nora Meyers Sackett. Those words include inappropriate, unacceptable, unprofessional, terrible, bullying, intimidation, outrageous, verbal assault. Call it what it is: Ambush Journalism and “unethical conduct” which is what Larry Barker has gotten away with for decades.

What Larry Barker did to Governor Press Secretary Nora Meyers Sackett is referred to by public officials and elected officials as an “ambush” to get unrehearsed reactions to questions for a negative news story the reporter intends to write to place the official in a bad light. Frankly, blindsiding of public and elected officials by the news media is done all the time, and is to be expected and will continue, but that does not make it right. Larry Barker over decades as an investigative reporter has perfected it and has taken it to a new level of disrespect, something he is known for by his reputation.

It was good to see that Nora Meyers Sackett had a facemask on to protect her from Barker’s spittle. Any public or elected official who has been on the receiving end of Larry’s self-righteousness such as this knows he has bad breath.

All too often reporters like Barker demand respect but do not return it. It is conduct like this that results in absolute hostility by public officials towards the media. It is truly amazing that Barker has gotten away with this for decades no doubt because he edits it out in his stories. When a reporter becomes the news, it’s time for them to go and if they can simply retire.

If KRQE-TV executives such as Vice President and General Manager Bill Anderson intend to take any disciplinary action against Larry Barker, they need to include the cameraman for standing by and not doing anything to stop Barker’s outrageous conduct.

Effective June 30 and July 1, two major changes in New Mexico law are now reality:

1. The legalization and retail sales of recreational cannabis.
2. Expanded liquor license availability.

LEGALIZATION OF RECREATIONAL CANNIBUS

On June 29, 2021, the New Mexico Cannabis Regulation Act became law in New Mexico. It makes New Mexico the 18th state to legalize recreational marijuana. Personal possession and use are now legal throughout the state.

PERSONAL USE

The state law allows people 21 years or older to buy, possess and use marijuana outside the home of up to 2 ounces of marijuana. People will be able to buy no more than 2 ounces of cannabis or 800 milligrams of edible cannabis. There are also limits on extracts. If a person is found with more than 2 but less than 8 ounces of cannabis, 16 grams of cannabis extract, and more than 800 milligrams of edible cannabis in public, you can be charge with a misdemeanor under the new law.

Additionally, a person can legally possess more than 2 ounces inside their home with the caveat that it “must not be visible from a public place.” I guess that means do not leave your stash on top of the coffee table in front of the living room window. As for smoking a joint, you are not allowed to smoke in public places under the new law.

At your home, you can now grow cannabis under the new law but with a few limitations. A person can grow up to 12 plants within their home without a permit. (The second bathroom with the sun lamps is a go.) However, you cannot sell your home-grown stuff or operate like a business as a dealer anymore. Growing more plants or selling cannabis products without a license is a fourth-degree felony with a basic sentence of 18 months upon conviction.

Adults under the age of 21 are not allowed to possess cannabis. If you are under 21 and still in school do not take it to your middle school or high school. Doing so could lead to a mandatory four-hour educational program or 4 hours of community service.

The new law prohibits law enforcement from stopping or detaining a person solely because of the smell of cannabis. However, the law does not apply to people when an officer suspects someone might be using a vehicle under the influence and operating a vehicle.

RETAIL SALES OF RECREATIONAL CANNABIS

While the Cannabis Regulation Act is now in effect, retail sale of cannabis has yet to begin. The law provides that sales will start no later than April 1, 2022.

When it comes to the recreational cannabis industry, it will be heavily regulated by the state. The state will regulate all sellers and there will be no limits on the number of licenses issued. This is a dramatic departure from the limited number of licenses available in liquor licenses which have a cap based upon population. There will be a cap on the number of plants sellers can grow. Households would be permitted to grow up to 12 mature plants for personal use. Under the state law, cannabis establishments can also offer on-site consumption in certain circumstances.

The New Mexico Cannabis Control Division is in charge of making statewide rules and regulations for the new industry. On Tuesday, May 26, it was reported that the first proposed rules dealing primarily with marijuana producer license and plant fees were released. The link to the proposed regulations is here:
ccd.rld.state.nm.us

The state will issue licenses for “cannabis consumption areas” but until then cannabis use is restricted to private property. Anyone who breaks this law is subject to a $50 civil penalty.

The first proposed state regulations deal with marijuana producer license and plant fees. The drafted sets the cost of both producer and retailer licenses at $2,500 annually. Licenses for cannabis consumption areas, or designated places where adults can smoke, eat or drink cannabis products, would cost $2,500 annually under the draft rule. The state regulations must be adopted in order to meet the specific deadlines for implementing the law. The deadlines for the regulations under the state law are as follows:

No later than September 1: Start accepting and processing license applications from producers.

No later than Jan. 1, 2022: Start issuing licenses and server permits; begin training and education programs.

No later than April 1, 2022: Begin retail sales of recreational cannabis.

Links to news sources are here:

https://www.krqe.com/news/marijuana/recreational-marijuana-becomes-legal-in-new-mexico-on-june-29/

https://www.kob.com/new-mexico-news/new-mexicos-recreational-marijuana-law-takes-effect-tuesday/6155704/

https://www.abqjournal.com/2404689/cannabis-legalization-arrives-in-new-mexico.html

A link to a related blog article is here:

https://www.petedinelli.com/2021/04/01/recreational-cannabis-and-expungement-o

ABQ CITY COUNCIL ENACTS LIMITED ZONING RESTRICTIONS

A major highlight of the enacted legislation is that local jurisdictions, city and counties, cannot opt out of commercial sales, but can establish restrictions on operating hours and locations. The legislation gives local governments, city and county governments, limited authority to determine where cannabis dispensaries can be located.

The state’s counties do not have the authority to be able to prohibit cannabis sales nor prohibit the licensing of stores. In other words, local zoning law and regulations will able to be used to control the number of stores in an area where they the stores could be located. This is identical to zoning restrictions placed on retail stores that sell pornography.

On June 17, 2021, the Albuquerque City Council held a special council meeting to offer amendments to the Integrated Development Ordinance (IDO) that establishes the rules to regulate the recreational cannabis industry. The council approved amendments to the IDO to govern how newly legalized recreational cannabis market can operate in the city. Those zoning restrictions regulations include setting a distance of 600 feet between marijuana retailers unless the operator succeeds with a conditional use application that requires a public hearing before a city hearing officer and subject to appeal.

One major proposal Mayor Keller wanted was to strictly prohibit retail sales of recreational sale of cannabis from main street corridors such as Central Avenue. The council voted eight to one against the amendment.

The council also vote “NO” to implement a proposed rule from Mayor Tim Keller’s administration to keep cannabis retailers from opening new shops within 1,000 feet of each other or “adult entertainment” or “adult retail” operations. The council also voted NO on a ban on cannabis shops within 300 feet of religious institutions which was sponsored by City Council President Cynthia Borrego.

The council enacted separate standards for cannabis “microbusiness” licensees, giving them more latitude when it comes to locations.

A link to a related blog article is here: Links to news sources are here:

https://www.petedinelli.com/2021/06/24/city-council-enacts-zoning-restrictions-on-recreational-marijuana-sales-rejects-mayor-kellers-restrictive-zoning-changes-council-temporarily-bans-cannabis-shops-from-operating-in-old-town/

LIQUOR LICENSE REFORM

On July 1, House Bill 255, enacted in March by the New Mexico legislature, became effective. The sweeping and dramatic changes to the liquor laws was a bipartisan effort, highly contested by many in the liquor industry. It passed passed on a 41-27 vote in the New Mexico House and 29-11 in the New Mexico Senate.

The new law is the most dramatic change in liquor licensing law in 50 years. Among the major highlights of the law include:

HOME DELIVERY

The changes to the liquor control act allow for home delivery of alcoholic beverages by restaurants and grocery stores once delivery permits are issued later this year. Those permits will be issued sometime in August or September. The home delivery of alcoholic drinks will have restrictions. Restaurants will be limited to delivering alcohol with $10 of food. Large stores in some communities will only be allowed to deliver beer and wine, not spirits. Delivery to certain locations such as college dorms will be banned. There will also be requirements to check identification where deliveries are made to the door to keep drinks from going to underage buyers. The NM Alcoholic Beverage Control Division is accepting written public comment on proposed regulations to govern home delivery of drinks.

Delivery permits will not be issued until

NO MINITURES ALLOWED

Changes to the liquor control act prohibits the sale of hard liquor miniatures at liquor stores. Convenience stores and liquor stores can no longer sell individual 3-ounce miniatures for off-site consumption. However, miniatures can still be sold on golf courses, at hotel minibars or other locations where customers can legally drink them. Proposed rules under consideration include an exception for the sale of a “party package” of miniature’s bundled together by the manufacturer and intended for sale as one unit, similar to six packs of beer.

SUNDAY SALES ALLOWED

For many decades, New Mexico prohibited Sunday alcohol sales entirely. New Mexico then banned on-premise alcohol sales before 11 a.m. and package sales by a store before noon on Sunday. Now alcohol service can generally begin at 7 a.m., as with any other day of the week.

CHEAPER LIQUOR LICENSES TO BE MADE AVAILABLE

The changes to the liquor control act create a tier system for cheaper licenses to be issued intended to allow more restaurants to serve spirits and cocktails, not just beer and wine.

Under the new law, new liquor license options will be available to all restaurants. Up until now, restaurants were limited to just beer and wine sales unless they owned a more expensive “dispensers license” allowing the sale of all liquor. Dispenser licenses are capped in number based on population. Dispensers’ licenses are sold or subleased and cost as low as $350,000 and many times as high as $1 million placing them out of the reach of small, local business owners.

The NM Alcoholic Beverage Control Division is accepting applications for a $10,000 license designed for restaurants, allowing the sale of liquor and cocktails. Another license will be made available if the restaurant decides to sell locally distilled liquor, such as gin and vodka, rather than national brands, and that license will be less than $10,000. Restaurants seeking a Class B license, which expands existing beer and wine licenses to include spirits, must to wait until their applications are approved.

It was the owners of the highly expensive “dispensers licenses” that opposed vigorously the new licenses. They argued the new licenses would reduce significantly the value of their licenses that they have paid hundreds of thousands for destroying their investment. For decades, the New Mexico liquor lobby has been one of the most powerful lobbies in the state, and the passage of the new laws ends it dominate influence over the legislature.

Changes to the liquor control act also contain new reciprocity rules for local breweries and wineries. In addition to selling local beer they will be able to serve locally distilled spirits, if they choose. The Alcoholic Beverage Control Division said they won’t begin accepting applications for that until after a public hearing on agency rulemaking is held on July 26 to address some aspects of the law.

Links to news sources are here:

https://www.krqe.com/news/politics-government/nm-liquor-law-reform-bill-goes-into-effect-thursday/

https://www.santafenewmexican.com/news/local_news/major-overhaul-of-liquor-laws-takes-effect-in-new-mexico/article_d32d3c72-d501-11eb-b4fe-cf40041277a4.html

https://www.abqjournal.com/2405332/new-law-to-reshape-nm-liquor-sales.html

COMMENTARY AND ANALYSIS

The legalization of recreational cannabis as well as the sweeping changes to the New Mexico Liquor Control Act have been years, some would say decades, in the making.

ELECTIONS HAVE CONSEQUENCES

For a number of years, bills to legalize recreational cannabis went absolutely nowhere, especially in the NM Senate. This was in in large part to 4 conservative Democrats forming a coalition with Republican Senators to oppose all the legislation. The 4 conservative incumbent Democrats were ousted by progressive challengers in 2020 and 3 progressive Democrats went on to win election to the Senate. Long time serving Democrats Senate Finance Committee Chairman John Arthur Smith, Senate President Pro Tem Mary Kay Papen, Clemente Sanchez of Grants and Senator Gabe Ramos of Silver City were all defeated in the June primary. With the sure passage of time, many long serving conservative legislators in the house are no longer serving either because of retiring or being ousted by Democrats. It was not until they were gone was the draconian 1960′ state law outlawing abortions was repealed.

For decades, the New Mexico liquor lobby has been one of the most powerful lobbies in the state. The passage of the liquor control reform laws ends the dominate influence, some would say a strangle hold, over the New Mexico legislature.

LEGALIZATION OF RECREATIONAL CANNIBUS

Advocates of recreational legalization argue it will generate at least 13,000 jobs and millions of dollars for the economy. Rodriguez, also told lawmakers that legalizing recreational marijuana will generate up to $800 million a year, a $200 million increase from the last years estimate of $600 million. Rodriguez had this to say:

“It’s going to change New Mexico and ways we can’t imagine. … I think we will be a powerhouse, not only within the state, but we have the potential of being a powerhouse not only in this country, but you’d be surprised, we have the ability to also compete internationally.”

https://www.kob.com/albuquerque-news/recreational-marijuana-could-generate-up-to-800-million-a-year-according-to-new-estimates/5921047/?utm_medium=onsite&utm_campaign=thumbnails&utm_source=zetaglobal

LIQUOR LICENSE REFORM

There is little doubt that the changes to the liquor laws will promote the creation of new businesses by lowering the cost of starting a restaurant serving more than just beer and wine . Further, there are a few counties in New Mexico, that do not have a single establishment with a dispenser license. The price of the new licenses should encourage in more ways than one economic development

CONCLUSION

Change is never easy, especially for the hard core conservative moralists. Whether you like it or not the State Of New Mexico is at the cusp of a totally new day. Within in a few short months, and if your over 21, you will be able to make a home deliver order of beer and pizza from the Santa Fe Susana Martinez Pizzeria and while you wait for your pizza, light up a joint of “New Mexico Gold” or “Johnson and White’s Good Shit” all in the comfort of your home.

“Let the little children come to me, and do not hinder them, for the kingdom of heaven belongs to such as these.”
— Matthew 19:13-14

On June 21, the annual “Kids Count” data book prepared by the Annie E. Casey Foundation was release containing the data from 2019 the most recent statistics available. The Casey foundation is a nonprofit based in Maryland focusing on improving the well-being and future of American children and their families. State rankings by the nonprofit are based on 16 indicators that measure and track the well-being of children and their families in the domains of economic well-being, education, health, and family and community.

The links to the Kids Count Data Book is here:

https://datacenter.kidscount.org/

https://datacenter.kidscount.org/publications

EDITOR’S NOTE: Because the statistics released are for 2019, they do not reflect changes that may be attributed to the COVID-19 pandemic.

2021 KIDS COUNT DATA BOOK ON 2019 STATISTICS

New Mexico’s national child well-being ranking went from 50th to 49th displacing Mississippi, and following Louisiana. New Mexico overall was worse than the U.S. average in most of the categories measured .

Following are New Mexico’s statistics gleaned from the 2021 Kid Count Data Book:

NEW MEXICO RANKING OVERALL: 49th

ECONOMIC WELL BEING FOR CHILDREN New Mexico Ranking: 48TH

25% of New Mexico Children are living in poverty
116,000 children live in poverty

32% of New Mexico children’s have parents that lack secure employment
115,000 children’s parents lack secure employment

11% of New Mexico’s teens are not school and are not working
12,000 teens are not school and are not working

EDUCATION:

New Mexico Ranking: 50th

76% of New Mexico’s fourth graders are not proficient in reading
79% of New Mexico’s eighth graders are not proficient in reading
25% of New Mexico’s high school students do not graduate on time

HEALTH

New Mexico Ranking: 37th

9.3% low birth weights for children born in New Mexico
2,124 total children born in New Mexico with low birth weights

6% of New Mexico children are without health insurance
29,000 total New Mexico children without health insurance

36 is New Mexico’s child and teen death rates per 100,000

FAMILY AND COMMUNITY

New Mexico Ranking: 48%

44% of New Mexico children live in single parent families or 195,000 children living in single parent families

14% of New Mexico children live in families where the household head lacks a high school education or 69,000 children.

24 is New Mexico’s teen birth rate per 1,000 with 1,659 births

2019 COMPARED TO 2018 KIDS COUNT DATA BOOK

Comparing the 2019 data to the 2018 data, New Mexico’s numbers improved for children in Economic Well-Being” with New Mexico having fewer children living in poverty, fewer children whose parents lack secure employment and fewer teens neither in school nor working.

In the category of Education there were more 8th graders proficient in math and more high school students graduating on time in 2019 than in 2018.

In the category of Family and Community, in 2019 there were fewer children living in families where the head of household lacked a high school diploma, fewer children living in high poverty areas, and a lower teen birth rate per 1,000 births than in 2018.

In 2019, there was no improvement over 2018 in the category of Health. However New Mexico’s national ranking in Health improved from 41st to 37th .

2019, 2018, 2016 KIDS COUNT DATA BOOK COMPARISONS

It was in 2018 that for the first time in five years, New Mexico had fallen to last among states in the categories of Economic, Educational and Medical well-being of its children.

According to the 2018 Kids Count Data Book, 30% of New Mexico’s children were living in poverty in 2016, compared to 19% nationwide that year. In 2019 things have improve slightly by 5% with 25% of New Mexico’s children living in poverty.

In Education the report the 2018 report said 75% of the state’s fourth-graders were not proficient in reading in 2017, compared to 65% nationally, and 80% of eighth-graders were not performing up to par in math in 2017, compared to 67% across the U.S. In 2019, New Mexico now has hit rock bottom ranking 50th in the country for Education.

The most troubling in the 2018 Kids Count Data Book was New Mexico’s steep drop in ranking for health care measures. In 2019, things have improved in the Health category with New Mexico ranking 37th .

http://www.santafenewmexican.com/news/education/report-new-mexico-ranks-last-in-child-well-being/article_0f6865fc-d34a-5050-9f74-21680e98a2a5.html

TAX CREDITS

The 2021 child tax credit was included in the $1.9 trillion American Rescue Plan signed into law in March. The expanded child tax credit will have a massive effect on New Mexico’s children and their families New Mexico.

Starting July 15, hundreds of dollars will be deposited into family bank accounts The amount of the credit was increased from $2,000 per child under 17 years old to $3,600 per year per child under 6 years old and $3,000 for a child age 6 through 17, according to the IRS. The child tax credit was also changed to include families with no tax liabilities. And families will be able to choose if they want to receive the credit in monthly installments of $300 or $250 per child, depending on their age, or in an annual lump sum payment.

https://www.abqjournal.com/2391998/tax-credit-will-show-up-on-july-15-ex-most-nm-families-will-start-recieving-benefits-this-summer.html

There is a big difference with the tax credits this year. Instead of a single lump sum payment at the end of the tax year, the amount has been broken down into monthly payments so that those paid can better budget their incomes.

New Mexico Voices for Children spokeswoman Sharon Kayne had this to say about the tax credits:

“About 95% of children in the state will benefit from the expanded tax credit … Child poverty really underlies a lot of the other indicators. So kids whose families earn a very low income are less likely to have the resources they need to do well in school, are more likely to lack health insurance, and more likely to have parents who lack a college degree or high school diploma. … [The monthly payments will allow money to be spent in a way that the family deems is best for them.] Most will spend it on food, clothing and other necessities but parents can also get their car fixed so they can get to work or look for a job, or afford better childcare.”

The link to quoted source material is here:

https://www.abqjournal.com/2401956/nm-shows-improvement-in-child-wellbeing.html

HUNGER AND POVERTY NOT THE ONLY CRISIS FOR NEW MEXICO’S KIDS

In New Mexico, 71.6% of the state’s public-school students come from low-income families, and 14.4% are English-language learners. Further, 14.8 percent of students have disabilities.

10.6% of New Mexico children are Native American and proficiency rates for Native American students in the past 3 years was at 17.6% or 82.4% were not proficient in reading and their math proficiency was at 10.4% or 89% are not proficient in math.

https://www.abqjournal.com/1200069/questions-surround-ruling-on-nm-education-funding.html

2019 YEAR NEW MEXICO LEGISLATURE TACKLE THE PROBLEM

During the 2019 New Mexico Legislative session, the legislature approved an education budget of $3.2 Billion, 16% over last year’s budget, out of the total budget of $7 Billion. Included in the budget was a $500 million in additional funding for K-12 education and increases in teacher pay.

The massive infusion of funding to public education was the result of the District Court ruling that ruled the state of New Mexico is violating the constitutional rights of at-risk students by failing to provide them with a sufficient education. The District Court found that many New Mexico students are not receiving the basic education in reading, writing and math they should be receiving in our public-school system.

Early childhood programs were given a major increase in funding. Under the enacted 2019-2020 budget, every public-school district will be allocated significantly more funding. Teachers have not had any raises to speak of for the last 8 years. Teachers and school administrators will be given 6% pay raises with more money to hire teachers.

The new “Early Childhood Department” was created and started work in January 2020. The new department will focuses state resources on children from birth to 5 years of age. A major goal of the new department, coupled with other investments, will be more New Mexico children growing up to secure gainful employment as adults who don’t require government services.

2021-2021 BUDGET ENACTED

On March 19, 2021, the legislature enacted a 7.4 billion state. The 2021 New Mexico legislature increased state government spending by 4.8 percent, or $373 million.. Upwards of half of the $7.5 Billion dollar budget goes towards public education. $110-million will be spent to extend the school year by ten days with an additional $120-million for kindergarten to fifth-grade programs to add 25 extra school days to make up for lost learning time.

Part of the budget will be used to increase the governor’s Opportunity Scholarship, which helps provide funding for tuition at two-year universities, to $18-million. An additional $35-million will head towards addressing the needs of Native student’s education.

The 2021 New Mexico legislature also passed House Joint Resolution 1 (HJR 1) calling for a constitutional amendment to create a permanent fund for early childhood education programs passed the State Senate.

The bill is considered landmark legislation because it creates a permanent fund for early childhood education. The enactment of the Constitutional Amendment has the potential to transform and expand childhood education programs and provide additional support for K-12 across the state. The funding distribution is from New Mexico’s land grant permanent fund. For years, attempts have been made to dip into the state’s permanent fund which is currently valued at upwards $22 billion for early childhood programs. The Constitutional Amendment will be placed on the ballot as a Constitutional Amendment for the voters to decide its enactment.

As enacted HJR 1 would take an additional 1.25% from the Land Grant Permanent Fund and put it towards child education. The proposal would send an additional $127 million a year for early childhood education programs and an extra $85 million a year for Kindergarten to 12-grade schools. Roughly $33 million would also go to other beneficiaries of the Land Grant Permanent Fund, like the New Mexico Military Institute and the School for the Deaf, just to name a couple.

ALBUQUERQUE PUBLIC SCHOOLS

APS has an approved 2020-2021 approved budget of $1.56 billion budget. The budget provided funding for 12,600 full-time jobs. Albuquerque Public Schools (APS) is New Mexico’s largest school district, serving more than a fourth of the state’s students and nearly 84,000 students.

https://www.aps.edu/finance/budget-strategic-planning/2019-2020-budget-2/albuquerque-public-schools-annual-budget-2020-web

The ethnicity of the APS 84,000 students is:

65.8% Hispanic
22.9% Caucasian/White
5.5% American Indian
3.2% African American
2.3% Asian American
0.2% are “other”

Of the 84,000 APS students 16.6% are classified as “English Learners”, 17.2% are classified as “Students with Disabilities”, and 5.9% are in gifted programs. There are 29 APS authorized charter schools with 7,100 students attending the charter schools.

APS is among the top 40 largest school districts in the nation and the largest in New Mexico. APS operates 142 schools consisting of 4 K-8 schools, 88 elementary schools (K through 8th grade), 27 middle schools (6-8 th grade), 21 high schools (9th to 12th grade) and 2 alternative schools.

APS serves many students in need with nearly two-thirds qualifying for the federal school meals program. The school district serves 29,000 breakfast per school day and 41,000 lunches per school day.

COMMENTARY ANALYSIS

The rankings and financial numbers are depressing and staggering:

New Mexico ranks 50th in education. Despite the millions being spent each year on the state’s public education system, 76% of all New Mexico’s fourth graders are not proficient in reading and 79% of all eighth graders and not proficient in reading. For our native American population it’s even worse with 82.4% were not proficient in reading and their 89% are not proficient in math.

25% of New Mexico’s children are living in poverty, with New Mexico ranking 48th in Economic Well Being.

Child and teen death rates have skyrocketed reflecting 36 deaths per 100,000 in 2019 as opposed to 28 in 2013.

The number of low birthweight babies has increased slightly from 8.9% in 2013 to 9.3% in 2019.

The the number of teens who still are not working and not in school has also increase slightly going from 10% in 2013 to 11% in 2019.

When it is all said and done, and the money spent and long gone, there is no guarantee that New Mexico rankings will get any better when it comes to children living in poverty.

Notwithstanding, Albuquerque and New Mexico, and all of its leaders, have a moral obligation to do something to address poverty, children living in poverty and to protect our most venerable population, its children.

One glimmer of hope the state has would be the passage of the Constitutional Amendment where 1.25% from the Land Grant Permanent Fund would be dedicated and towards child education. If passed by voters, the proposal would send an additional $127 million a year for early childhood education programs and an additional $85 million a year for kindergarten to 12-grade schools.