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Panel backs substitute to let FBI background checks be used for cannabis licenses

5684494 · February 21, 2025
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Summary

Representative Luhan told the House Commerce & Economic Development Committee that House Bill 112 would allow FBI federal background checks to be used for cannabis licensing, and the committee recommended approval of a clarified committee substitute.

Representative Luhan, sponsor of House Bill 112, told the House Commerce & Economic Development Committee that the bill would change New Mexico's cannabis licensing statute to enable the Federal Bureau of Investigation to run federal background checks as part of licensure.

"HB 112 is a bill you heard previously that is proposing changes to the cannabis licensing statute with the objective of being able to have the FBI run federal background checks as a requirement for licensure. Currently, New Mexico is only able to do background checks of activity activity in New Mexico," Representative Luhan said.

The committee substitute offered by Luhan addresses three areas that the committee previously flagged. The sponsor said the substitute clarifies definitions so an "applicant" is clearly an applicant for licensure (not an applicant for a federal background check), accommodates licensure of either an entity or an individual, and defines a "controlling person" as the human who would be fingerprinted. The substitute also struck certain cross‑referenced language and "restores the previous scope regarding cannabis businesses that are required to demonstrate rights to water," the sponsor said.

Committee members had no extended debate after the sponsor introduced the substitute. The committee took a motion on the substitute that was recorded as passing on a committee tally of 8 yes, 0 no. The committee's action was recorded as recommending do pass on the committee substitute for House Bill 112.

What happens next: The committee recommendation forwards the substitute to the next stage of the legislative process. The transcript records the committee approval but does not include additional details about subsequent floor scheduling or any changes that might occur after this committee action.