CS/CS/HB 239 CANNABIS AS PRISON CONTRABAND

Rep Martin R Zamora

Actions: [3] HCPAC/HJC-HCPAC [7] DNP-CS/DP-HJC [10] DNP-CS/DP [14] PASSED/H (57-4) [9] SJC-SJC [10] DP [13] PASSED/S (32-3) SGND BY GOV (Mar. 4) Ch. 49.

Scheduled: Not Scheduled

 House Bill 239 (HB 239) This legislative act relates to corrections in the state of New Mexico. The main focus of the act is to include cannabis in the definition of "contraband" and to prohibit the possession of cannabis in places of imprisonment, with specified exceptions.  

 House Bill 239 (HB 239): Section 1.  Section 30-22-14 NMSA 1978 (being Laws 1976, Chapter 15, Section 1, as amended) is amended to read:

•	Bringing contraband into a prison (penitentiary) is a third-degree felony.
•	Bringing contraband into a jail is a fourth-degree felony.
•	"Contraband" now explicitly includes cannabis, cannabis extract, or cannabis products.
Exceptions:
•	The act specifies exceptions to the definition of contraband, allowing cannabis, cannabis extract, or cannabis products if carried into a prison or jail through regular channels and pursuant to the direction or prescription of a health care provider.
•	The act does not prohibit the use of hearing aids, voice amplifiers, or other necessary equipment for prisoners with documented hearing or speech deficiencies, with rules to be established by the warden or director of each facility.
•	"Cannabis" is defined broadly to include all parts of the plant genus Cannabis with a delta-9-tetrahydrocannabinol concentration of more than three-tenths percent on a dry weight basis, seeds, resin, and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seed, or its resin.
•	"Cannabis extract" is defined as a product obtained by separating resins, tetrahydrocannabinols, or other substances from cannabis by approved extraction methods, excluding the weight of other ingredients combined with cannabis extract for preparation.
•	"Cannabis product" is defined as a product that is or contains cannabis or cannabis extract, including edible or topical products that may contain other ingredients.
•	"Contraband" includes cannabis, cannabis extract, or cannabis products, excluding those carried into a prison or jail through regular channels and pursuant to the direction or prescription of a health care provider.

Electronic Communication or Recording Device:
•	The act defines "electronic communication or recording device" broadly and excludes devices used by prison or jail personnel in the regular course of business or authorized by the warden.
 

 Committee Substitute February 2, 2024, in HCPAC

HCPACcs/HB 239:  The provided text appears to be a proposed amendment to Section 30-22-14 of the New Mexico Statutes Annotated (NMSA) 1978, related to bringing contraband into places of imprisonment. 

Inclusion of Cannabis in the Definition of Contraband:
•	The definition of "contraband" in this section is expanded to include "cannabis" as defined in the Cannabis Regulation Act.
•	This means that knowingly and voluntarily carrying cannabis into a prison or jail would be considered bringing contraband.

Prohibition of Cannabis in Places of Imprisonment:
•	The amendment explicitly prohibits bringing cannabis onto the grounds of the penitentiary or any other designated institution for the confinement of adult prisoners.
•	Cannabis is treated similarly to other contraband items such as deadly weapons, alcoholic beverages, controlled substances, and electronic communication or recording devices.

Exceptions:
•	The amendment provides exceptions for certain situations. For example, the prohibition on currency does not include currency carried into designated areas for deposit and receipt before contact is made with the prisoner.
•	The amendment specifies that the definition of contraband does not include controlled substances or medical cannabis carried into a prison or jail through regular channels and pursuant to the direction or prescription of a medical professional.

Definition of "Electronic Communication or Recording Device":
•	The term "electronic communication or recording device" is defined broadly to encompass instruments designed to transmit or receive various signals or communications, as well as devices with sound or image recording abilities.
•	The definition excludes devices used by prison or jail personnel in the regular course of business or those authorized by the warden.

Allowance for Necessary Devices:
•	The amendment allows for the use of hearing aids, voice amplifiers, or other equipment necessary to aid prisoners with documented hearing or speech deficiencies or their visitors. Rules for such devices are to be established by the warden or director of each jail, detention center, and prison.