New NM laws--3 good, 1 bad

[RebLem]

Concealed-carry, pot laws go into effect

By Diana M. Alba Sun-News reporter
Article Launched: 07/01/2007 12:00:00 AM MDT

LAS CRUCES — A series of new laws that become effective today give New Mexicans access to marijuana for medical purposes, allow them more control over who views their credit report and ensure they get the most bang for their buck from a gift card.

A total of 103 bills approved by state legislators this year and signed into law by Gov. Bill Richardson will take effect today, a date lawmakers often choose because it coincides with the start of the state's fiscal year.

An earlier wave of legislation became effective June 15. The date is significant because it's 90 days after the end of this year's legislative session — a default effective date for bills that don't specify another timeframe.

Medical marijuana

Perhaps one of the most contentious bills approved this year will allow New Mexicans with certain ailments to be prescribed marijuana as a treatment.

Under Senate Bill 253, patients with cancer, glaucoma, multiple sclerosis, epilepsy, HIV or AIDS and certain spinal cord injuries can begin applying today to use medical marijuana.

Patients who are approved will be allowed to carry up to 6 ounces of marijuana — considered a three-month supply — without penalty by the state.

Approved residents will be issued cards that indicate they can use the drug for medical purposes.

The new statute is good news to Las Crucen Julie Martin, 41. She said her mother, who died of cancer in 1995, suffered pain and wasn't able to eat.

"She really could have benefited from that," she said.

Las Crucen Jack Kuhnighk, 73, said he doesn't have a problem with marijuana being prescribed for medical purposes, but he doubts the state's ability to effectively enforce the legislation.

"There's nothing wrong with the basic intent of having it legal, but once it's out there, how do you enforce it?" he said. "The problem is we don't have enough people to do it."

The New Mexico Department of Health is wrestling with a certain aspect of the new measure: how to administer a marijuana production and supply program for approved patients without tangling with the federal government. Though the state waived penalties for possession of marijuana for medical use, the federal government grants no immunity to its own anti-drug laws.

"We're waiting for the attorney general's office to respond to our questions on the best way to proceed," said health department spokeswoman Deborah Busemeyer.

Until a distribution system is approved, "patients ... will have to obtain their own marijuana without input from the department of health or clinicians," according to a health department news release.

A doctor must recommend through a certification form that a patient be approved to use medical marijuana. Also, the patient must submit an application to the health department, which has final say on granting the request. The health department has 30 days to approve or deny applications.


Expanded concealed carry law

House Bill 588 allows residents with concealed-carry licenses for handguns to take them into convenience stores or grocery stores that sell packaged liquor. Previously, license holders weren't allowed to enter establishments that sold liquor, whether packaged or not. Businesses that sell beverages for consumption at the premises, however, will still be off-limits.

Las Crucen Eddie Joe Garcia, owner of Garcia Shooting Sports and a concealed-carry permit holder, said he approves of the statute change.

The former law "was a big inconvenience because of having to fill up your vehicle and having to disarm to enter an establishment like that when you weren't going to have anything to do with alcohol," he said.

Garcia said the new law will benefit public safety.

"These are often the places that do get robbed," he said. "It's good for the citizens to safeguard themselves and other people."

However, Oscar Andrade, owner of Pic Quik convenience stores in the Las Cruces area, isn't pleased with the new legislation.

"I'm not happy at all with the idea because how do I tell whether someone is licensed or not?" he said. "I don't think they should be able to carry a gun into a convenience store or any public place; I think it just creates panic."


Credit report control

Senate Bill 165 allows New Mexicans to place a freeze on who has access to their credit report. The measure is meant to prevent criminals from using another person's credentials to loan money or make a purchase.

"Basically how it works is you have to request from each credit agency that they put a freeze on your account," said Beth Velasquez, spokeswoman for AARP New Mexico, which lobbied for the law. "Nobody can access your credit information without your direct permission. As a result, (criminals) can't open a new account."

Velasquez said a low-risk way for criminals to commit consumer fraud is to steal personal information — either by trash bin diving or thieving mail — and then use it to finance a purchase.

Residents must contact the nation's three major credit reporting agencies — Equifax, Experian and TransUnion — to request a freeze. The agencies can charge a maximum of $10 to freeze an account and $5 to remove the hold. Residents who have been victims of identity theft or who are age 65 or older don't have to pay the fees.


TransUnion, Fraud Victim Assistance Department, (800) 680-7289.

Equifax, Consumer Fraud Division, (800) 525-6285 or (404) 885-8000

Experian, Experian's National Consumer Assistance, (888) 397-3742

Gift card regulations

House Bill 127 will prevent companies from charging fees for a gift card or gift certificate past their face value.

The bill requires gift cards and certificates be valid for at least five years. If an expiration date isn't printed on the card, the card will be valid indefinitely or until it's spent.


Diana M. Alba can be reached at dalba@lcsun-news.com

http://www.lcsun-news.com/news/ci_6272533