New Mexico Register / Volume XXXII, Issue 6 / March 23, 2021
This is an amendment to 7.34.4 NMAC,
Section 28 effective 3/23/2021.
7.34.4.28 RECIPROCITY: Beginning July 1, 2020, an individual who
holds proof of authorization to participate in the medical cannabis program of
another state of the United States, the District of Columbia, a territory or
commonwealth of the United States or a New Mexico Indian nation, tribe or
pueblo may lawfully purchase and possess cannabis, provided that the quantity
of cannabis does not exceed the reciprocal limit identified in this section. A qualified patient may not be registered
or participate as a reciprocal participant in the New Mexico medical cannabis
program.
A. Reciprocal participation:
(1) General requirements: A reciprocal participant:
(a) may participate in the medical cannabis program in
accordance with department rules;
(b) shall not be required to comply with the registry
identification card application and renewal requirements established pursuant
to this section and department rules;
(c) shall at all
times possess proof of authorization to participate in the medical cannabis
program of another state, the District of Columbia, a territory or commonwealth
of the United States or a New Mexico Indian nation, tribe or pueblo and shall
present proof of that authorization when purchasing cannabis from a licensee;
and
(d) shall register with a licensed non-profit producer for the
purpose of tracking sales to the reciprocal participant in an electronic system
specified by the department.
(2) Minors: In the event that a reciprocal participant is
a minor, a licensed non-profit producer shall not sell or transfer cannabis to
the minor, but may sell or transfer cannabis to a parent or legal guardian of
the minor who holds proof of authorization to purchase cannabis on the minor’s
behalf that was issued by another state of the United States, the District of
Columbia, a territory or commonwealth of the United States or a New Mexico
Indian nation, tribe or pueblo.
(3) Residency requirements:
(a) Non-residents:
A person who is not a resident of New
Mexico may participate in the medical cannabis program as a reciprocal
participant, provided that the reciprocal participant’s place of residence is
consistent with their place of enrollment.
(For example: a Colorado resident shall not be registered or otherwise
participate as a reciprocal participant on the basis that he or she is enrolled
in the medical cannabis program of a state or other jurisdiction other than
Colorado.)
(b) New Mexico residents: A New Mexico resident who is not a member of a
New Mexico Indian nation, tribe, or pueblo shall not participate in the medical
cannabis program as a reciprocal participant, but may pursue enrollment as a
qualified patient in accordance with rule 7.34.3 NMAC. A member of a New Mexico Indian nation, tribe
or pueblo medical cannabis program may participate as a reciprocal participant,
provided that the individual has proof of authorization to participate in the New
Mexico Indian nation, tribe or pueblo’s medical cannabis program.
B. Reciprocal limit: A reciprocal participant may collectively
possess within any three-month period a quantity of usable cannabis no greater
than 230 total units. For purposes of
department rules, this quantity is deemed the reciprocal limit. (For ease of reference: 230 units is
equivalent to 230 grams, or approximately eight ounces, of dried usable
cannabis plant material.)
C. Registration; verification; tracking: A licensed
non-profit producer shall require the submittal of a reciprocal participant’s
contact information for registration purposes, to include the individual’s full
name, date of birth, mailing address, and the enrollment number specified in
the individual’s medical cannabis program enrollment card (if applicable); and
shall record that information in an electronic tracking system specified by the
department.
(1) The licensed non-profit producer shall confirm the accuracy
of a reciprocal participant’s contact information prior to each transaction.
(2) A licensed non-profit producer that registers a reciprocal
participant or that sells or transfers cannabis or a cannabis product to a
reciprocal participant shall first verify the reciprocal participant’s identity
by [viewing] comparing the individual’s proof of authorization
from the other state, territory or tribe, [and also viewing] to
the reciprocal participant’s government-issued photo identification card, and
verifying that the information, including but not limited to place of
residence, is consistent.
(3) A licensed non-profit producer that sells or otherwise
transfers cannabis or a cannabis product to a reciprocal participant shall
track the sale or transfer using an electronic system specified for that
purpose by the department.
(4) A
licensed non-profit producer shall not register an employee or board member of
the producer as a reciprocal participant.
(5) At
the time of registration, a licensed non-profit producer shall electronically
upload a copy of the reciprocal participant’s proof of authorization, and a
copy of the reciprocal participant’s government issued photo identification
which indicates the person’s place of residence, into the electronic tracking
system specified by the department.
(6) A
licensed non-profit producer shall ensure that the individual registering as a
reciprocal participant is not already registered as a reciprocal participant or
a qualified patient in the New Mexico medical cannabis program, before entering
registration information for the individual. Registration of a reciprocal participant who
was previously registered may result in disciplinary action in accordance with
this rule.
(7) At the time of
registration, a licensed non-profit producer shall ensure that the reciprocal
participant signs the participant’s registration in the electronic tracking
system specified by the department and acknowledges that they understand the
requirements of participation in the program, including but not limited to acknowledging the time and
quantity limits for reciprocal participation under this rule, as well as the
notice concerning state and federal prohibitions against the transport of
cannabis across state and international boundaries. A licensed non-profit
producer shall ensure that the acknowledgement is signed by the reciprocal
participant, and is not substituted by the signature of another person. A licensed non-profit producer that fails to
comply with these requirements may be subject to disciplinary action in
accordance with this rule.
D. Proof of authorization: Proof of authorization to participate in the
medical cannabis program of another jurisdiction (an “originating jurisdiction”)
shall consist of a card or other physical document issued by a governmental
entity authorized by law to enroll the applicant in the medical cannabis
program in the originating jurisdiction. For purposes of reciprocal participation in
the New Mexico medical cannabis program, permission from a medical practitioner
shall not in itself be deemed proof of authorization to participate in the
medical cannabis program of another jurisdiction, but shall be accompanied by a
card or other proof of enrollment issued by an authorized governmental entity
of the originating jurisdiction. (For
example, a written letter from a physician authorizing the individual to
participate in the California medical cannabis program shall not be deemed
proof of authorization for the purpose of participating in the New Mexico
medical cannabis program.)
[D] E. Refusal
of service: A non-profit producer
that reasonably suspects that either a person’s proof of authorization or
identification card is falsified may refuse to dispense cannabis to cannabis to
that individual.
[E] F. Informational
materials: At the time of a sale or
transfer of cannabis to a reciprocal participant, a non-profit producer shall
provide informational materials to the reciprocal participant that include, at
a minimum, a notice of the time and quantity limits for reciprocity under this
section, and a notice concerning state and federal prohibitions against the
transport of cannabis across state and international boundaries.
[7.34.4.28 NMAC - Rp.
7.34.4.28 NMAC, 6/23/2020; A/E, 10/8/2020; A, 3/23/2021]