New Mexico legalized medical marijuana in April 2007, becoming the 12th state in America to do so.
Under New Mexico's Lynn and Erin Compassionate Use Act, qualifying patients suffering from a state-approved debilitating condition are allowed to possess up to 8 ounces of medical cannabis over a 90-day period. According to New Mexico law, it lists 230 “units" as an alternative measurement to the 8 ounces.
Approved patients are also entitled to the following allowances:
- The right to purchase from a licensed non-profit producer
- The right to possess any paraphernalia for medical marijuana use
- The patient is given time to produce their medical card before any arrests or criminal charges are made
- The right to apply for a personal production license (PPL) for personal use. If approved, a patient can have up to sixteen plants totaling four mature and 12 seedlings
Under the state Medical Cannabis Program, patients are not permitted to obtain more than 8 ounces of pharmaceutical-grade cannabis over a 90-day period. Qualified patients can designate a primary caregiver who can purchase and transport the medical marijuana to the patient.
The Lynn and Erin Compassionate Use Act specifies its purpose "is to allow the beneficial use of medical cannabis in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments."
Debilitating medical conditions include:
Amyotrophic Lateral Sclerosis (ALS)
Painful peripheral neuropathy
Post-traumatic Stress Disorder (PTSD)
Spinal cord damage
To complete the enrollment process, a prospective patient must first complete an application that includes a state ID and signature from "a provider with prescribing authority certifying the applicant has been diagnosed with one of the qualifying conditions to become a patient in the program."
If your condition is not on the list, you can petition the Medical Cannabis Advisory Board for it to be added.
Under the Lynn and Erin Compassionate Use Act, the state's Medical Cannabis Program does not allow patients or caregivers to consume or possess medical marijuana in the following areas:
Prohibited Consumption Areas:
- In a school bus or public vehicle
- On school grounds or property
- In the workplace of the qualified patient's or primary caregiver's employment
- A public park, recreation center, youth center or other public place.
Driving Under the Influence
Cannabis DUIs are treated similarly to alcohol DUIs. Qualified patients are subject to liability and/or criminal prosecution for any actions committed while operating a vehicle while under the influence of medicinal cannabis.
Qualified primary caregivers are permitted to obtain and transport medical cannabis from a licensed nonprofit to the qualified patient.
Under 188.8.131.52 NMAC, active patients and licensed caregivers should ensure that product(s) purchased from a licensed nonprofit producer remain in the package or container provided at the time of purchase.
If the package or container is damaged, the product label and any other identifying information from the package or container shall be kept with the cannabis or cannabis derived product upon transfer to another package or container.
Patients and caregivers may not take medicinal cannabis outside of the state, or transport marijuana from outside of New Mexico into the state.
Under the state Medical Cannabis Program, it is permissible for qualified patients or caregivers to cultivate their own cannabis. Patients interested in growing their own marijuana must first apply for a Personal Production License (PPL) from the state. Once approved, patients are allowed to cultivate up to 16 marijuana plants with four mature and 12 seedlings allowed at any given time. Caregivers can also assist PPL patients with growing cannabis at the patient's home.
New Mexico has plans to allow out-of-state patients to use the card issued by their home state to purchase in New Mexico. Specific rules and regulations for New Mexico's reciprocity are slated to be set "no later that March 1, 2020," and initial language suggests that it will be wide-reaching.