Summary:

 House106 (HB106) relates to driving under the influence of intoxicating liquor or drugs and modifys the requirements for testing the blood of a person suspected of operation a mA vehicle while under the influence of intoxicating liquor or drugs. Also, HB 106 provides that certain medical professionals are authorized to withdraw blood in the performance of chemical blood test for driving a motor vehicle a motor vehicle or operating a motorboat under the influence of intoxicating liquor or drugs. 

Legislation Overview:

 House Bill106  (HB106) expands the number of professionals who may conduct blood testing to now include an emergency medical technician and a certified phlebotomist. The term “blood alcohol test “is now replaced with the term “chemical blood test”. 
New terms are added for persons who refusing testing to now include “misdemeanor” and “cannibals” . This relates to an officer finding probable cause that a person driving a motor vehicle while under the influence of alcohol, cannabis or a controlled substance and after refusing to take such test such testing may be ordered when a municipal judge, magistrate or district judge issues a search warrant authorizing chemical tests. This subparagraph now will read:

“If a person under arrest for violation of an offense enumerated in the Motor Vehicle Code refuses upon request of a law enforcement officer to submit to chemical tests designated by the law enforcement agency as provided in Section 66-8-107 NMSA 1978, none shall be administered except when a municipal judge, magistrate or district judge issues a search warrant authorizing chemical tests as provided in Section 66-8-107 NMSA 1978 upon finding in a law enforcement officer's written affidavit that there is probable cause to believe that the person has driven a motor vehicle while under the influence of alcohol, cannabis or a controlled substance thereby causing the death or great bodily injury of another person, or there is probable cause to believe that the person has committed a felony or misdemeanor while under the influence of alcohol, cannabis or a controlled substance and that chemical tests as provided in Section 66-8-107 NMSA 1978 will produce material evidence in a criminal prosecution”. Section 66-8-107 NMSA 1978 refers to the implied consent statute in New Mexico law. 
New language : If a person under arrest for violation of an offense enumerated in the Motor Vehicle Code refuses upon request of a law enforcement officer to submit to chemical tests designated by the law enforcement agency as provided in Subsection A of this section and the person does not cause great bodily injury of another person or there is probable cause to believe the person has committed a misdemeanor while under the influence of alcohol, cannabis or a controlled substance, the person's charge may be aggravated pursuant to the provisions of Section 66-8-102 NMSA 1978. This Section 66-8-102 basically prohibits driving under the influence. Subsection A above refers to refusal to take a chemical blood test and also now adds the term “cannibas” to the language of substances. 
New language is provided to define “cannabis” to read: As used in this section, "cannabis" means: (1)  all parts of the plant genus Cannabis containing a delta-9-tetrahydrocannabinol concentration of more than three-tenths percent on a dry weight basis, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin; (2)  cannabis extract, which: (a)  includes a product obtained by separating resins, tetrahydrocannabinols or other substances from cannabis by extraction methods approved by the cannabis control division of the regulation and licensing department; and (b)  does not include the weight of any other ingredient combined with cannabis extract to prepare topical or oral administrations, food, drink or another product; and (3)  a cannabis product that is or that contains cannabis or cannabis extract, including edible or topical products that may also contain other ingredients.
The “Boating While Intoxicated Act” is created and provides the same protections for certified phlebotomist and emergency medical technicians as above. “Blood alcohol test” is replaces with the term “ chemical blood test”. Officers making an arrest or directing the performance of a blood chemical test are to do so under their allowed duties as  authorized by law.
 

Amendments:

 Amended February 6, 2025 in HHCC
HHCCa/HB106: The House Health and Human Services Committee amendment  to HB106, makes the following modifications: It strikes all of Section 1 of the bill for pages 1 through 11. 
After renumbering, on pages 13 line 21 the terms “cannabis”is struck, as in  page 14, line 10. Other drugs remain such as “alcohol “and “controlled substance” in these sentences. 
On page 16 and 17, the entire Subsection G is struck. This Subsection had referred to defining cannabis and its attributes. 
HB106a is now referred to the  House Judiciary Committee.