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New Mexico Supreme Court Mandates Marijuana Advisory Question On November Ballot

The New Mexico Supreme Court today ruled that an advisory question on the decriminalization of small amounts of marijuana be placed on the ballots for Santa Fe County and Bernalillo County. On September 9, the Santa Fe Board of County Commissioners unanimously voted to place the following question on the November 4 ballot – “Should the Board of County Commissioners (BCC) of Santa Fe County support county, city, and statewide efforts to decriminalize possession of one ounce or less of marijuana?” The Santa Fe County Clerk immediately provided the question to the Secretary of State for placement on the ballot.

However, the Secretary of State denied both counties the ability to place their questions on the ballot. Therefore, both counties filed writs in the Supreme Court and the cases were combined. Today, in a proceeding before the State Supreme Court, the Supreme Court ruled that the Secretary of State had a duty to include the advisory questions on the ballots and to promptly cooperate with both county clerks to prepare for the election.

“This is a significant victory on two fronts,” said Commissioner Liz Stefanics. “First, the Supreme Court has confirmed that the Secretary of State does not have the authority to override local elected officials with respect to ballot questions. Second, and more importantly, this means that the citizens of Santa Fe County will be able to express their opinion on this important policy question.”