New Mexico's HB10: Strengthening Enforcement and Accountability
As New Mexico legislators convene March 13th, at 1 PM to discuss House Bill 10 (HB10), attention is focused on its ambitious plans to create an Enforcement Bureau within the state's Regulation and Licensing Department (RLD). This legislation, which recently cleared the House of Representatives with a substantial majority vote (68-1), now awaits deliberation by the Senate Judiciary and Finance Committees.
Overview of HB10
Introduced in the 2025 legislative session, HB10 aims to create a dedicated Enforcement Bureau tasked with ensuring compliance across regulated industries within New Mexico. This new bureau, operating under the Regulation and Licensing Department, will employ specialized enforcement agents certified as peace officers authorized to conduct inspections, enforce regulations, and seize illegal, adulterated, or fraudulently misbranded products. Additionally, the bureau will have the power to impose penalties, including fourth-degree felony charges against those violating orders or obstructing investigations.
Key functions include:
Conducting both announced and unannounced inspections.
Embargoing or recalling unsafe or illegally obtained products.
Imposing criminal penalties for violations, including felony charges.
Coordinating enforcement actions and investigations alongside other state agencies.
If approved by the Senate and signed by the governor, HB10 is set to become effective July 1, 2025.
Recent Legislative Progress
HB10 progressed quickly through legislative committees:
January 22: Assigned to House Commerce and Economic Development Committee (HCEDC).
February 4: Received a "Do Not Pass" recommendation initially but advanced with a favorable recommendation on a Committee Substitute.
February 11: House Judiciary Committee reported favorably ("Do Pass").
February 20: Passed in the House by an overwhelming majority vote (68-1).
February 21: Forwarded to the Senate Judiciary Committee.
Enforcement Lessons from Other States
New Mexico may glean valuable insights from states with established enforcement frameworks, notably California and New York.
California: Utilizes a centralized enforcement agency under the Department of Cannabis Control. In 2024 alone, California seized illegal products valued at approximately $534 million, executed 425 search warrants, resulting in 113 arrests and seizure of 153 firearms (gov.ca.gov).
New York: Employs a dual-agency system. The Cannabis Control Board (CCB) develops regulations and licensing, while the Office of Cannabis Management (OCM) carries out enforcement. The OCM, in collaboration with NYC law enforcement, has shut down approximately 700 illicit shops in recent months, securing a notable $6 million judgment against an illicit Brooklyn operator (MarketWatch).
New Mexico’s Struggles with Enforcement
Recent history in New Mexico highlights critical concerns about oversight and accountability within government enforcement agencies:
The Albuquerque Police Department (APD) has recently faced intense scrutiny due to revelations of a 35-year corruption scandal involving the mishandling of DWI cases, undermining public trust in law enforcement
The ongoing challenges facing the state's Children, Youth, and Families Department (CYFD) continue to raise questions about oversight, accountability, and organizational transparency.
These cases underscore a significant challenge: How will CCD ensure the newly established Enforcement Bureau avoids similar systemic failures?
For HB10’s Enforcement Bureau to be successful, the Cannabis Control Division (CCD) and the broader Regulation and Licensing Department will need robust accountability measures. Clear protocols, independent oversight, transparency in operations, routine external audits, and continuous training for enforcement personnel will be essential to avoid the pitfalls seen in other agencies.
The Road Ahead
As HB10 moves toward tomorrow’s (March 13th) 1 PM Senate Judiciary Committee session, lawmakers must consider not only the need for stronger enforcement but also the mechanisms required to maintain transparency, accountability, and integrity within this new bureau. This bill represents an opportunity for New Mexico to set clear standards, ensuring that regulatory enforcement agencies operate without repeating past mistakes, thereby safeguarding public safety, consumer trust, and industry integrity.
