New Mexico State Sen. Katy Duhigg (D-Albuquerque) – a sponsor of the Cannabis Regulation Act – recently formed a law firm specializing in the cannabis industry.
Duhigg was a sponsor of the Cannabis Regulation Act (HB 2), which was passed and signed into law this session.
The bill effectively legalized the possession and sale of marijuana in the state by decriminalizing the possession, use, production, transportation and sale of commercial cannabis for non-medical adult use and creating a regulatory and taxation structure.
Two months after this legislation passed out of the legislature and was signed into law, Duhigg posted on Twitter that she has officially started a new law firm specializing in cannabis regulations.
"Now that we have cards and mugs, it’s official!" Duhigg wrote in a June 3 Twitter post. "I am happy to announce that John Osborn and I have formed a new, full-service cannabis law firm! We are thrilled to be helping folks get into this exciting new industry, and can’t wait to see what lies ahead."
Because she was the sponsor for the Cannabis Regulation Act, Duhigg's new cannabis-related business venture has drawn controversy as a potential conflict of interest.
According to the New Mexico Governmental Conduct Act, “It is unlawful for a public officer or employee to take an official act for the primary purpose of directly enhancing the public officer's or employee's financial interest or financial position.”
Furthermore, the act states that “no public officer during the term for which elected ... shall acquire a financial interest when the public officer or employee believes or should have reason to believe that the new financial interest will be directly affected by the officer's or employee's official act.”
Duhigg has listed herself as a “Cannabis Attorney Specializing in Supporting Microbusinesses” on LinkedIn in the Albuquerque-Santa Fe Metro area.
The official website for Duhigg's new firm isn't live yet, but her old firm lists her as no longer taking on new clients.
HB 2 goes into effect in 2022.
