Medical Cannabis Program in New Mexico

New Mexico is now the 12th state in the country to allow legal access to medical cannabis. The Drug Policy Alliance worked with hundreds of community advocates, patients, and community organizations over the last seven years to pass the Lynn and Erin Compassionate Use Act in New Mexico. The bill passed the New Mexico State Legislature and was signed into law in the spring of 2007.

One of the keystones of the Lynn and Erin Compassionate Use Act is the development and implementation of a production and distribution system to help qualified patients access medical cannabis. The Department of Health just recently released the rules and regulations to govern the production and distribution system, and you can review the regulations here.

On January 14, the Department of Health held the second public hearing to discuss the rules and regulations for the Medical Cannabis Program. The department accepted feedback and comments on the Patient Identification Registry, the rules governing the Medical Advisory Board, as well as the outline for the production and distribution system.

Drug Policy Alliance New Mexico's (DPANM) recommendations for improving the regulations are available below:

• Patient Identification Card Recommendations
• Medical Advisory Board Recommendations
• Production and Distribution Recommendations

Who qualifies for the Medical Cannabis Program in NM? 

In order to qualify for the Medical Cannabis Program a patient must have one of the seven debilitating medical conditions specified in the law.

1. HIV/AIDS
2. Cancer
3. Epilepsy
4. Glaucoma
5. Multiple Sclerosis
6. Spinal Cord Injury with Intractable Spasticity
7. Admittance into Hospice Care

If the patient does not have one of the specified medical conditions, he or she is not currently eligible for the Medical Cannabis Program in NM.

What if a patient doesn’t have one of the seven qualifying conditions?

As of October 1, 2007, individuals can submit a petition to the DOH Medical Advisory Board to have a condition added to the list of debilitating medical conditions.  The Medical Advisory Board which will meet at least twice a year to conduct public hearings and evaluate petitions to possibly add debilitating medical conditions that could benefit from the medical use of cannabis. For more information on how to submit a petition please call the Medical Cannabis Program Coordinator at (505) 827-2321.

How will the program work?

The law requires a patient to receive a recommendation for cannabis from his/her medical provider.  The patient then applies to become a registered medical cannabis patient through the New Mexico Department of Health (DOH).  The Program’s Medical Director considers each application and has 30 days to approve or deny the application. Upon approval, the patient receives a registry identification card from DOH within 5 days certifying that he/she is an approved medical cannabis patient.

DOH, not the medical provider, issues the final approval for the use of medical cannabis.

By registering in this way, the patient and the patient’s primary caregiver are assured protection under state law from possession charges.  Currently, registered patients and their primary caregivers can possess 6 ounces of useable marijuana, 4 mature plants, and 4 seedlings. Each patient can have up to 2 primary caregivers, and a person can be the primary caregiver for up to 4 medical cannabis patients. Only medical providers who can already prescribe controlled substances can recommend medical cannabis to their patients.

Please visit the New Mexico Department of Health’s Medical Cannabis Program website for information on the program, how to register, and to download an application.

More Information

• Medical Marijuana Information for Patients
• Medical Marijuana Fact Sheet
• Frequently Asked Questions from a Patient's Perspective 
• Medical Marijuana Talking Points 
• The Lynn and Erin Compassionate Use Act Bill Text
• Proposed Regulations for Medical Cannabis Program:
  • Advisory Board Rules
  • Patient ID Card Rules
  • Production and Distribution Rules

Medical Marijuana in the 2007 Legislative Session

• 2/5/07: SB 238, the Lynn and Erin Compassionate Use Act, passes the Senate floor 34 to 7!
  
  
• 2/24/07: SB238 passed the House Agriculture and Water Resources Committee by a vote of 5 -2 with a do pass without recommendation. (This was the same committee where the bill was tabled in 2006).
  
  
• 2/26/07: The medical marijuana bill passed the final House committee, the House Judiciary Committee, by a vote of 9 to 2.
  
  
• 3/8/07: SB 238 was heard on the House floor and after three hours of emotional debate was ultimately killed by a vote of 36 to 33. There are articles here and here detailing the House floor vote
  
  
• 3/10/07: We will not give up! SB 523, Senator Robinson’s medical marijuana bill, was replaced with the Lynn and Erin Compassionate Use Act on the Senate floor, and passed by a vote of 32 to 3. The revived medical marijuana bill now heads to the House, again!
  
  
• 3/12/07: SB 523, the new medical marijuana bill, passed the House Judiciary Committee by a vote of 10 to 3.
  
  
• 3/13/07: Medical marijuana passes the House! The Lynn and Erin Compassionate Use Act passed the House floor 36 to 31. The bill, however, was amended on House floor to say that the medical cannabis production or distribution cannot occur within 300 feet of a school, day-care center, or church. The bill now must return to the Senate for approval of the amendment.
  
  
• 3/14/07: Senate approved the amendment for SB 523 with no debate! Medical marijuana passed the New Mexico legislature with only 2 ½ days left in the session!!
  
  
• 4/2/07: Governor Richardson signed the Lynn and Erin Compassionate Use Act allowing legal access to medical cannabis for the seriously ill and dying in New Mexico. We did it!

Get Involved

• Stay up to date on the medical marijuana regulations. Sign up to receive Drug Policy Alliance New Mexico's action alerts.
• Check out DPA's tips on citizen lobbying: Advocacy 101