Medical Cannabis Program in New Mexico

New Mexico's Medical Cannabis Program is currently accepting and approving applications for the production and distribution of cannabis for qualified patients.

Under DOH supervision, licensed nonprofits can produce and distribute cannabis to qualified medical marijuana patients. DOH has already approved one licensed producer.

DOH is also continuing to register qualified patients in the program. There are currently over 250 qualified patients registered in New Mexico.

Background Information

New Mexico became 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.

The Department of Health finalized the rules for the Medical Cannabis Program in January 2009. Here are the final regulations for the Patient Identification Card Registry and the Production and Distribution System.

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.

Qualified patients can register to produce their own cannabis and nonprofit businesses interested in producing and distributing medical cannabis can apply for their producer's license. Applications are available at the Department of Health’s website.

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 fourteen debilitating medical conditions covered under the Program.

1. HIV/AIDS
2. Cancer
3. Epilepsy
4. Glaucoma
5. Multiple Sclerosis
6. Spinal Cord Injury with Intractable Spasticity
7. Admittance into Hospice Care
8. Painful Peripheral Neuropathy
9. Intractable Nausea/Vomiting
10. Severe Anorexia/Cachexia
11. Hepatitis C (currently receiving antiviral treatment)
12. Crohn's Disease
13. Post-traumatic Stress Disorder
14. Amyotrophic Lateral Sclerosis (Lou Gehrig's Disease)
15. Severe Chronic Pain (this must be accompanied by two referrals, one from a primary care provider and a second from a specialist)

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 fifteen qualifying conditions?

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 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.

In January and April of 2009, the Medical Advisory Board held hearings to consider petitions for additional conditions submitted to the Program. The Board and DOH Secretary approved the addition of 7 new conditions in January and 1 new condition in April.

For more information on how to submit a petition please call the Medical Cannabis Program Coordinator at (505) 827-2321.

How does 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 12 seedlings. With a practitioner’s approval, patients can request to possess more than 6 ounces of useable cannabis; the Medical Advisory Board will then assess the person’s individual need and either approve or deny the request. Each patient can have one primary caregiver and a person can be the primary caregiver for up to four 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

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