TITLE 7 HEALTH
CHAPTER 34 MEDICAL USE OF CANNABIS
PART 3 REGISTRY
IDENTIFICATION CARDS
7.34.3.1 ISSUING
AGENCY:
New Mexico Department of Health, Medical Cannabis Program.
[7.34.3.1 NMAC - Rp, 7.34.3.1 NMAC, 2/27/2015]
7.34.3.2 SCOPE: This rule governs the issuance of registry identification cards to qualified patients
and primary caregivers as defined by the Lynn and Erin Compassionate Use Act,
26-2B-3(F) and (G) NMSA 1978. All
requirements contained herein are necessary prerequisites to the state’s
ability to distinguish between authorized use under the act and unauthorized
use under the state’s criminal laws.
[7.34.3.2 NMAC - Rp, 7.34.3.2 NMAC, 2/27/2015]
7.34.3.3 STATUTORY AUTHORITY: The requirements set forth herein are
promulgated by the secretary of the department of health pursuant to the authority granted under Section 9-7-6 (E) NMSA 1978, and
the Lynn and Erin Compassionate Use Act, 26-2B-1 et seq. NMSA 1978. Although
federal law currently prohibits any use of cannabis, the laws of several states
permit the medical use and cultivation of cannabis. New Mexico adopts these regulations to
accomplish the purpose of the Lynn and Erin Compassionate Use Act as stated in
Section 26-2B-2 NMSA 1978, “to allow the beneficial use of medical cannabis in
a regulated system for alleviating symptoms caused by debilitating medical
conditions and their medical treatments,” while at the same time ensuring
proper enforcement of any criminal laws for behavior that has been deemed
illicit by the state.
[7.34.3.3 NMAC - Rp, 7.34.3.3 NMAC, 2/27/2015]
7.34.3.4 DURATION: Permanent.
[7.34.3.4 NMAC - Rp, 7.34.3.4 NMAC, 2/27/2015]
7.34.3.5 EFFECTIVE
DATE: February
27, 2015, unless a later date is cited at the end of a section.
[7.34.3.5 NMAC - Rp, 7.34.3.5 NMAC, 2/27/2015]
7.34.3.6 OBJECTIVE: Ensuring the safe use and possession of
cannabis for individuals living with debilitating medical conditions, and the
safe possession and administration of cannabis for
medical use to those individuals by primary caregivers, as mandated under the
Lynn & Erin Compassionate Use Act Sections 26-2B-1 et
seq., NMSA 2007.
[7.34.3.6 NMAC - Rp, 7.34.3.6 NMAC, 2/27/2015]
A. Definitions beginning
with “A”:
(1) “Act” means the
Lynn and Erin Compassionate Use Act,
Sections 26-2B-1 through 26-2B-10, NMSA 1978.
(2) “Adequate supply” means
an amount of cannabis, in a form approved by the department possessed by a
qualified patient or collectively possessed by a qualified patient and the
qualified patient’s primary caregiver, that is determined by rule of the
department to be no more than reasonably necessary to ensure the
uninterrupted availability of cannabis for a period of three months and that is
derived solely from an intrastate source.
(3) “Administrative review committee” means
an intra-department committee that reviews qualified patient or primary
caregiver application denials in accordance with department rules. The administrative review committee shall
consist of the chief medical officer of the department (or that’s person’s
designee); a deputy secretary of the department (or that person’s designee),
and the chief nursing officer of the department (or that person’s designee).
(4) “Administrative withdrawal”
means the procedure for the voluntary withdrawal of a qualified patient or
primary caregiver from the medical cannabis program.
(5) “Advisory board” means
the medical cannabis advisory board
consisting of nine practitioners knowledgeable about the medical use of
cannabis, who are appointed by the secretary.
(6) “Applicant” means any
person applying for enrollment or re-enrollment in the medical cannabis program
as a qualified patient or primary caregiver
B. Definitions
beginning with “B”: [RESERVED]
C. Definitions beginning with “C”:
(1) “Cannabis” means:
(a) means
all parts of the plant 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; and
(b) does
not include the mature stalks of the plant; fiber produced from the stalks; oil
or cake made from the seeds of the plant; any other compound, manufacture,
salt, derivative, mixture or preparation of the mature stalks, fiber, oil or
cake; the sterilized seed of the plant that is incapable of germination; the
weight of any other ingredient combined with cannabis to prepare topical or
oral administrations, food, drink or another product; or hemp;
(2) “Cannabis-derived product” or “cannabis product” means
(a) means
a product that contains cannabis, including edible or topical products that may
also contain other ingredients; and
(b) does
not include the weight of any other ingredient combined with cannabis or
cannabis extract to prepare topical or oral administrations, food, drink or
another product.
(4) “CBDA”
means cannabidiolic acid, a non-psychoactive ingredient found in cannabis and
an acid precursor to CBD.
D. Definitions beginning with “D”:
(1) “Debilitating medical condition” means:
(a) cancer;
(b) glaucoma;
(c) multiple sclerosis;
(d) damage to the nervous tissue of the spinal cord, with
objective neurological indication of intractable spasticity;
(e) seizure disorder, including epilepsy;
(f) positive status for human immunodeficiency virus or
acquired immune deficiency syndrome;
(g) admitted into hospice care in accordance with rules
promulgated by the department;
(h) amyotrophic lateral sclerosis;
(i) Crohn’s disease;
(j) hepatitis C infection;
(k) Huntington’s disease;
(l) inclusion body myositis;
(m) inflammatory autoimmune-mediated
arthritis;
(n) intractable nausea or vomiting;
(o) obstructive sleep apnea;
(p) painful peripheral neuropathy;
(q) Parkinson’s disease;
(r) posttraumatic stress disorder;
(s) severe chronic pain;
(t) severe anorexia or cachexia;
(u) spasmodic torticollis;
(v) ulcerative colitis; or
(w) any other medical condition, medical
treatment, or disease as approved by the department which results in pain,
suffering, or debility for which there is credible evidence that medical use cannabis
could be of benefit.
(2) “Department” means the
department of health or its agent.
(3) “Diversion” means the unlawful transfer
of a cannabis plant, plant material, or cannabis-derived product.
(4) “Dried usable cannabis” means the
dried leaves, flowers, and trim of the female cannabis plant, but does not
include the seeds, stalks, or roots of the cannabis plant.
(5) “Dry weight basis” means a process by which delta-9-tetrahydrocannabinol concentration is
measured relative to the aggregate weight of all parts of the plant genus
Cannabis, whether growing or not, including the leaves of the plant, the
flowers and buds of the plant, the seeds of the plant, the resin of the plant
and the stalks of the plant, at the point of harvest and with no moisture added
to the harvested plant;
E. Definitions beginning with “E”: [RESERVED]
F. Definitions beginning with “F”: [RESERVED]
G. Definitions
beginning with “G”: [RESERVED]
H. Definitions
beginning with “H”: “Hemp”
means the plant cannabis sativa L. and any part of the plant, whether growing
or not, containing a delta-9-tetrahydrocannabinol concentration of no more than
three-tenths percent on a dry weight basis;
I. Definitions beginning with “I”:
(1) “Intrastate” means
existing or occurring within the state boundaries of New Mexico.
(2) “Inversion” means the
unlawful acquisition of a cannabis plant, plant material, or cannabis-derived
product.
J. Definitions
beginning with “J”:
[RESERVED]
K. Definitions beginning
with “K”:
[RESERVED]
L. Definitions
beginning with “L”: “Licensee” means any person
licensed by the New Mexico Cannabis Control Division pursuant to the Cannabis
Regulation Act, Sections 26-2C-1 through 26-2C-42 NMSA 1978, who is authorized by that license to sell
cannabis to qualified patients, primary caregivers, and reciprocal
participants.
(1) “Medical cannabis program” means the program
established pursuant to the Lynn and Erin Compassionate Use Act for
authorization and regulation of the medical use of cannabis in the state.
(2) “Medical cannabis program director”
means the administrator of the medical cannabis program who holds that title.
(3) “Medical director” means a
medical practitioner designated by the department to determine whether the medical condition of an
applicant qualifies as a debilitating medical condition eligible for enrollment
in the program, and to perform other duties.
(4) “Medical provider certification for
patient eligibility form” means a written certification form provided by
the medical cannabis program signed by a patient's practitioner that, in the
practitioner's professional opinion, the patient has a debilitating medical
condition as defined by the act or this part and would be anticipated to
benefit from the use of cannabis.
(5) “Minor” means an
individual who is less than 18 years of age.
N. Definitions beginning with “N”: [RESERVED]
O. Definitions
beginning with “O”: [RESERVED]
P. Definitions beginning with “P”:
(1) “Paraphernalia” means any
equipment, product, or material of any kind that is primarily intended or
designed for use in compounding, converting, processing, preparing, inhaling,
or otherwise introducing cannabis or its derivatives into the human body.
(2) “Patient enrollment/re-enrollment
form” means the registry identification card application form for
patient applicants provided by the medical cannabis program.
(3) “Petitioner” means any New Mexico
resident or association of New Mexico residents petitioning the advisory board
for the inclusion of a new medical
condition, medical treatment, or disease to be added to the list of
debilitating medical conditions that qualify for the use of cannabis.
(4) “Practitioner”
means a person licensed in New Mexico to prescribe and administer drugs that
are subject to the Controlled Substances Act, Sections 30-31-1 et seq., NMSA 1978.
(5) “Primary
caregiver” means a
resident of New Mexico who is at least 18 years of age and who has been
designated by the qualified patient or their representative and the patient’s
practitioner as being necessary to take responsibility for managing the well-being of a qualified
patient with respect to the medical use of cannabis pursuant to the provisions
of the Lynn and Erin Compassionate Use Act, Section 26-2B-1 et seq., NMSA 1978.
(6) “Primary caregiver
application form” means the registry identification card application
form provided by the medical cannabis program.
Q. Definitions beginning with “Q”: “Qualified
patient” means a resident of New Mexico who has been diagnosed by a
practitioner as having a debilitating medical condition and has received
written certification and a registry identification card pursuant to the Lynn
and Erin Compassionate Use Act on the basis of having been diagnosed, in person
or via telemedicine, by a practitioner as having a debilitating medical
condition.
R. Definitions
beginning with “R”:
(1) “Recall” means to request the return of
a product after the discovery of a safety issue or product defect.
(2) “Reciprocal limit” means the quantity
of cannabis and cannabis products that a reciprocal participant can use and
possess in a given year pursuant to department rule.
(3) “Reciprocal participant” means a person
who is not a resident of New Mexico and who holds proof of enrollment by a
governmental regulatory authority to participate in the medical cannabis
program of another state of the United States, the District of Columbia or a
territory or commonwealth of the United States in which the person resides or a
person who holds proof of enrollment by a governmental regulatory authority of
a New Mexico Indian nation, tribe or pueblo to participate in its medical
cannabis program;
(4) “Registry identification card” means a document in printed
or electronic form that the department issues:
(a) to
a qualified patient that identifies the bearer as a qualified patient and
authorizes the qualified patient to use cannabis for a debilitating medical
condition; or
(b) to
a primary caregiver that identifies the bearer as a primary caregiver
authorized to engage in the intrastate possession and administration of
cannabis for the sole use of a qualified patient who is identified on the
document.
(5) “Representative” means an
individual designated as the applicant’s or petitioner’s agent, guardian,
surrogate, or other legally appointed or authorized health care decision maker.
S. Definitions beginning with “S”:
“Secretary” means the
secretary of the New Mexico department of health.
T. Definitions beginning with “T”:
(1) “THC” means
tetrahydrocannabinol, a substance that is the primary psychoactive ingredient
in cannabis.
(2) “Technical
evidence” means scientific, clinical, medical, or other specialized testimony, or
evidence, but does not include legal argument, general comments, or statements
of policy or position concerning matters at issue in the hearing.
(3) “Telemedicine”
means the use of telecommunications and information technology to provide
clinical health care from a site apart from the site where the patient is
located, in real time or asynchronously, including the use of interactive
simultaneous audio and video or store-and-forward technology, or off-site
patient monitoring and telecommunications in order to deliver health care
services.
U. Definitions
beginning with “U”:
(1) “Unit” means a quantity of
usable cannabis, concentrate, or cannabis-derived product that is used in
identifying the maximum supply that a qualified patient may possess for
purposes of department rules.
(2) “Usable
cannabis” means the dried leaves and flowers of the female cannabis
plant and cannabis-derived products, including concentrates, but does not
include the seeds, stalks, or roots of the plant.
V. Definitions
beginning with “V”:
[RESERVED]
W. Definitions
beginning with “W”:
(1) “Wastage” means the
destruction of usable cannabis or cannabis plants;
(2) “Written certification” means a
statement made on a department-approved form and signed by a patient's
practitioner that indicates, in the practitioner's professional opinion, that
the patient has a debilitating medical condition and the practitioner believes
that the potential health benefits of the medical use of cannabis would likely
outweigh the health risks for the patient.
X. Definitions
beginning with “X”:
[RESERVED]
Y. Definitions beginning with “Y”: [RESERVED]
Z. Definitions
beginning with “Z”
[RESERVED]
[7.34.3.7 NMAC
- Rp, 7.34.3.7 NMAC, 2/27/2015; A, 2/29/2016; A, 8/27/2019; A, 6/23/2020; A, 2/22/2022]
7.34.3.8 QUALIFYING DEBILITATING MEDICAL CONDITIONS:
A. Statutorily-approved conditions: As of the date
of promulgation of this rule, specific qualifying debilitating medical
conditions, diseases, and treatments (“qualifying conditions”) identified in
the Lynn and Erin Compassionate Use Act, Subsection B of Section 26-2B-3 NMSA
1978, include:
(1) cancer;
(2) glaucoma;
(3) multiple sclerosis;
(4) damage to the nervous tissue of
the spinal cord, with objective neurological indication of intractable
spasticity;
(5) seizure disorder, including
epilepsy;
(6) positive status for human
immunodeficiency virus or acquired immune deficiency syndrome;
(7) admission into hospice care in
accordance with rules promulgated by the department.
(8) amyotrophic
lateral sclerosis (Lou Gehrig’s disease);
(9) Crohn’s
disease;
(10) hepatitis
C infection;
(11) Huntington’s
disease;
(12) inclusion
body myositis;
(13) inflammatory
autoimmune-mediated arthritis: each
individual applying to the program for enrollment shall submit medical records
that confirm the diagnosis of inflammatory autoimmune-mediated arthritis;
(14) intractable
nausea/vomiting;
(15) obstructive
sleep apnea;
(16) painful
peripheral neuropathy: application to
the medical cannabis program shall be accompanied by medical records that
confirm the objective presence of painful peripheral neuropathy;
(17) Parkinson’s
disease;
(18) post-traumatic
stress disorder (PTSD): each individual applying to the program for enrollment
shall submit medical records that confirm a diagnosis of PTSD meeting the
diagnostic criteria of the current diagnostic
and statistical manual of mental disorders;
(19) severe
chronic pain:
(a) objective
proof of the etiology of the severe chronic pain shall be included in the
application; and
(b) a
practitioner familiar with the patient’s chronic pain shall provide written
certification that the patient has an unremitting severe chronic pain
condition;
(20) severe
anorexia/cachexia;
(21) spasmodic
torticollis (cervical dystonia); and
(22) ulcerative
colitis.
B. Department-approved conditions: The department finds that the following
additional qualifying conditions result in pain, suffering, or debility for
which there is credible evidence that the medical use of cannabis could be of
benefit, through the alleviation of symptoms, and the department accordingly
approves these conditions as qualifying debilitating medical conditions for the
participation of a qualified patient or primary caregiver in the medical
cannabis program. The
department-approved conditions include:
(1) autism
spectrum disorder;
(2) Friedreich’s
ataxia;
(3) Lewy
body disease;
(4) spinal
muscular atrophy;
(5) Alzheimer’s
disease;
(6) opioid
use disorder;
(7) such other conditions
as the secretary may approve.
C. Additional application requirements: A patient shall submit with the patient’s
application a written certification from
the patient’s practitioner which shall
attest:
(1) to
the diagnosis of the medical condition;
(2) that
the condition is debilitating; and
(3) that
potential risks and benefits of the use of medical cannabis for the condition
have been discussed with the patient, in accordance with this rule; a patient
who applies on the basis of having a department-approved condition may also be
required to satisfy additional eligibility criteria, as specified in this rule.
D. Annual written certification requirement: Pursuant to the Lynn and Erin Compassionate
Use Act, Section 26-2B-7.1 NMSA 1978, in order to remain eligible for
participation in the medical cannabis program, a qualified patient shall submit
annually to the department, and at least 30 calendar days prior to the annual
certification date printed on their card, a statement from a practitioner on a
department approved form. The annual
written certification shall be attested by the certifying practitioner no more
than 90 days prior to submission of the certification to the department. The certification shall indicate the
following:
(1) the
practitioner has examined the qualified patient during the preceding 12 months;
(2) the
qualified patient continues to have a debilitating medical condition; and
(3) the
practitioner believes that the potential health benefits of the medical use of
cannabis would likely outweigh the health risks for the qualified patient.
E. Modification
or removal of department-approved conditions: The secretary may remove or modify a
department-approved condition only if the secretary determines, on the basis of
substantial credible medical and scientific evidence, and after an opportunity
for review of the proposed removal or
modification by the medical advisory board, that the use of cannabis by
patients who have the approved condition would more likely than not result in
substantial harm to the patients’ health.
[7.34.3.8 NMAC - N, 2/27/2015; A,
2/29/2016; A,
8/27/2019; A, 2/22/2022]
7.34.3.9 QUANTITY OF USABLE CANNABIS THAT MAY BE POSSESSED BY A QUALIFIED
PATIENT OR PRIMARY CAREGIVER:
A. Maximum quantity: A
qualified patient and a qualified patient’s primary caregiver may collectively purchase
within any three-month period a quantity of usable cannabis no greater than 425
total units.
For purposes of department rules, this quantity is deemed an adequate
supply. (For ease of reference: 425 units is equivalent to 425 grams, or
approximately 15 ounces, of dried usable cannabis plant material.) A qualified patient and a primary caregiver
may possess the amounts of cannabis permitted in accordance with the Cannabis
Regulation Act, Sections 26-2C-1 through 26-2C-42 NMSA 1978. Once commercial
cannabis sales are authorized by the cannabis control division to begin in
accordance with Subsection K of Section 26-2C-6 NMSA 1978, qualified patients
and primary caregivers will be able to make commercial purchases above the
adequate supply limit, in accordance with the Cannabis Regulation Act.
B. Calculation of units: For
purposes of department rules, one unit of usable cannabis shall consist of one
gram of the dried leaves and flowers of the
female cannabis plant, or 0.2 grams (200 milligrams) of THC for
cannabis-derived products.
[7.34.3.9 NMAC - N, 2/27/2015; A, 8/27/2019; A, 2/22/2022]
7.34.3.10 QUALIFIED PATIENT AND PRIMARY CAREGIVER REGISTRY
IDENTIFICATION CARD APPLICATION REQUIREMENTS:
A. The department shall issue a
registry identification card to an applicant for the purpose of participating
in the medical cannabis program upon the written certification of the applicant’s practitioner and supporting application
documents. Certifications from certifying providers must be obtained
within 90 calendar days prior to the expiration of the patient’s registry
identification card.
B. The
department may require the submittal of a recent photograph from a patient
applicant and primary caregiver applicant.
C. The
following information shall be provided in (or as an attachment to) the
participant enrollment form submitted to the department in order for a registry
identification card to be obtained and processed. An attached original medical provider certification for
patient eligibility form shall contain:
(1) the name, address, and telephone number of the practitioner;
(2) the practitioner’s clinical
licensure;
(3) the patient applicant’s name and
date of birth;
(4) the medical justification for the
practitioner’s certification of the patient’s
debilitating medical condition, which shall include but not be limited to a
statement that, in the practitioner’s professional opinion, the practitioner
believes that the potential health benefits of the medical use of cannabis
would likely outweigh health risks for the patient;
(5) an attestation that the practitioner’s primary place of
practice is located within the state of New Mexico;
(6) the practitioner’s signature and the date;
(7) the name, address, and date of birth of the applicant;
(8) the name, address, and telephone
number of the applicant’s practitioner;
(9) a
legible photocopy of the applicant’s New Mexico driver’s license or comparable
state of New Mexico issued photo identification card verifying New Mexico
residence;
(10) documented parental consent, if applicable, to the applicant;
(11) the applicant’s debilitating medical condition;
(12) the length of time the applicant
has been under the care of the practitioner providing the medical provider certification for patient eligibility;
(13) the applicant’s signature and date; and
(14) a signed consent for release of
medical information related to the patient’s debilitating medical condition, on a form provided by the medical cannabis program.
D. Qualified minor: The department shall issue a registry
identification card to an applicant under the age of 18 for the purpose of
participating in the medical cannabis program upon the medical provider certification for patient eligibility from the
applicant’s practitioner and supporting application documents required under
this rule. The qualified minor parental
consent form shall require the following information to be provided:
(1) written documentation that the applicant’s practitioner has
explained the potential risks and benefits of the use of cannabis to both the
applicant and parent or representative of the applicant; and
(2) written consent of the applicant’s parent or legal representative to:
(a) allow the applicant's use of cannabis and cannabis-derived
products;
(b) serve as the applicant's primary
caregiver; and
(c) control the acquisition of the cannabis, dosage, and the frequency of the
use of cannabis and cannabis-derived products by the applicant.
E. Primary caregiver: The department shall issue a registry
identification card to a primary caregiver applicant for the purpose of
managing the well-being of up to four qualified patients pursuant
to the requirements of this rule upon the completion and approval of the
primary caregiver application form available from the medical cannabis
program. In order for a registry
identification card to be obtained and processed, the following information
shall be submitted to the medical cannabis program:
(1) New Mexico driver’s license or comparable state of New
Mexico issued photo identification card verifying that the applicant is at least 18 years of age and is a resident of New Mexico;
(2) written approval by each qualified patient, and written
approval by at least one certifying practitioner for each qualified patient,
authorizing the primary caregiver’s responsibility for
managing the well-being of the patient(s) with respect to the medical use of
cannabis;
(3) the name(s), address(es), telephone number(s), and date of
birth(s) of the qualified patient(s);
(4) the name, address, and telephone
number of each qualified patient’s practitioner;
(5) the name, address, and telephone
number of the applicant primary caregiver;
(6) an attestation from the primary caregiver applicant that he or she is a resident of the state
of New Mexico; and
(7) the applicant primary caregiver’s signature and the date.
F. Primary caregiver
requirements:
(1) A primary caregiver applicant
shall be a resident of New Mexico.
(2) A qualified patient’s primary caregiver shall be permitted
to obtain and transport medical cannabis from a licensed nonprofit to the
qualified patient.
(3) The primary caregiver of a
qualified patient who holds a personal production license may assist the
qualified patient to produce medical cannabis at the designated licensed
location, identified on the personal production license.
(4) A qualified patient shall only reimburse their primary
caregiver for the cost of travel, supplies, or utilities associated with the
possession of medical cannabis, or cannabis-derived products by the primary caregiver for the qualified patient.
No other cost associated with the possession of medical cannabis, or
cannabis-derived products by the primary caregiver for the qualified patient,
including the cost of labor, shall be reimbursed or paid. All medical cannabis
or cannabis-derived products possessed by a primary
caregiver for a qualified patient are the property of the qualified patient.
(5) A
qualified patient shall notify the medical cannabis program in the event that
the qualified patient ceases to retain the services of a primary
caregiver. A primary caregiver shall
promptly dis-enroll from the medical cannabis program at the time that the
primary caregiver’s services are no longer used by a qualified patient in their
care.
G. Certifying practitioner
requirements:
(1) A patient may
not be certified by a practitioner who is related to the patient within the
second degree of consanguinity or the first degree of
affinity, including a spouse, child, stepchild, parent, step-parent, sibling,
grandparent, mother-in-law, father-in-law, son-in law, or daughter-in-law of
the patient.
(2) A practitioner’s primary place of practice must be located within the state of New Mexico in
order for the practitioner to certify a patient’s eligibility.
(3) In
order to certify a patient’s application, a practitioner must have an actual
physician-client relationship with the applicant or qualified patient. A practitioner shall conduct an in-person
physical or mental evaluation of the applicant or qualified patient prior to
issuing a certification. A practitioner
may only issue a written certification on the basis of an evaluation conducted
via telemedicine if the practitioner has previously examined the patient in
person.
(4) A
practitioner may be prohibited from certifying patient applications for:
(a) failure to comply with any
provision of this rule;
(b) falsification of any material or
information submitted to the department;
(c) threatening or harming an employee of a producer, a medical practitioner, a patient, or an employee
of the department; or
(d) any determination by the practitioner’s licensing body that
practitioner has engaged in unprofessional or dishonorable conduct.
H. Continuing education of certifying
practitioners: The department
encourages certifying practitioners to obtain at least two continuing medical
education credit hours annually related to the medicinal use of cannabis.
[7.34.3.10 NMAC - Rp, 7.34.3.9 NMAC,
2/27/2015; A,
8/27/2019; A, 2/22/2022]
7.34.3.11 REGISTRY IDENTIFICATION CARDS:
A. Department inquiry:
(1) The
department may verify information on each application and accompanying documentation
by the following methods:
(a) contacting each applicant by telephone or mail, or if proof
of identity is uncertain, by requiring a face-to-face meeting, and the
production of additional identification materials;
(b) when applicable, contacting a
minor’s parent or legal representative;
(c) contacting the New Mexico medical
board, the New Mexico board of nursing, board of pharmacy, or other licensing
agencies to verify that the practitioner is
licensed to practice and prescribe controlled substances in New Mexico and is
in good standing; and
(d) contacting the practitioner to obtain further documentation
to verify that the applicant’s medical diagnosis
and medical condition qualify the applicant for enrollment in the medical
cannabis program.
(2) The department shall approve or deny an application within
30 calendar days of receipt of the completed application. A request by
the department for additional information shall toll this period until such
time as the requested information is received.
B. Department registry identification
card: The department shall issue a
registry identification card within five business days
of approving an application. A registry identification card shall include
the name, address, and date of birth of the qualified patient and primary
caregiver (if any), the date of issuance and expiration date of the registry identification card, and
a code maintained by the program which identifies
the qualified patient or primary caregiver.
Unless renewed at an earlier date, suspended, or revoked, a registry
identification card shall be valid for a period of three years from the date of
issuance and shall expire at midnight on the day indicated on the registry
identification card as the expiration date.
A registry identification card is the property of the department, and
shall be returned to the department upon the disenrollment, suspension, or
revocation of a qualified patient or primary caregiver, and upon a change of
address, or change of a qualified patient’s primary caregiver.
C. Supplemental
information requirement: A qualified patient or primary caregiver who
possesses a registry identification card shall notify the department of any change in the person's name, address, qualified
patient's primary caregiver, or change in status of the qualified patient's
debilitating medical condition, within 10 calendar days of the change. Failure to provide notification of any change
may result in the immediate revocation of the registry identification card and
all lawful privileges provided under the act.
D. Registry identification card
application denial: The medical
director or designee shall deny an initial application if the application fails
to satisfy any requirement of this rule, if the applicant fails to provide the
information required, if the department determines
that the information provided is false, if the patient does not have a
debilitating medical condition eligible for enrollment in the program as
determined by the medical director, or if the applicant’s certifying
provider(s) determine(s) that the use of cannabis by the patient would more
likely than not be detrimental to the patient’s health. The medical director
or designee may also deny an application if the applicant has threatened or
harmed an employee of a licensee, a medical practitioner, a patient, or an employee of the department. A person whose application has been denied
shall not reapply for six months from the date of the denial, unless otherwise
authorized by the department, and is prohibited from all lawful privileges
provided by this rule and act. A person
whose application as a qualified patient or primary caregiver has been denied
for failure to complete an application or failure to meet a submittal
requirement of this rule may request a record review to be conducted by the
medical cannabis program.
E. Registry identification card renewal
application: Each registry
identification card issued by the department shall
expire three years after the date of issuance. A qualified patient or primary
caregiver shall apply for a registry identification card renewal no less than
30 calendar days prior to the expiration date of the existing registry
identification card in order to prevent interruption of possession of a valid
(unexpired) registry identification card. Certifications from certifying providers must
be obtained within 90 calendar days prior to the
submission of the application.
F. Non-transferable
registration of registry identification card: A registry identification card shall not be
transferred by assignment or otherwise to other persons. Any attempt shall
result in the immediate revocation of the registry identification card and all lawful privileges provided by this rule and act.
G. Automatic expiration of registry
identification card by administrative withdrawal: Upon request of the qualified patient or
primary caregiver, the qualified patient or primary caregiver may discontinue the medical cannabis program by an administrative
withdrawal. A qualified patient or primary caregiver that intends to seek an
administrative withdrawal shall notify the licensing authority no later than 30
calendar days prior to withdrawal and return the proof of registry
identification to the program.
H. Lost or stolen registry
identification card: The qualified
patient or primary caregiver shall report a lost or stolen registry
identification card to the medical cannabis program within five business days
after discovery. Upon notification and receipt of the information change or replacement card
form provided by the medical cannabis program, the medical cannabis program
manager or designee shall issue a new registry identification card. The patient or
primary caregiver shall verify the accuracy
of all documentation in the most recent application. Unless documentation in the most recent
application has changed, the qualified patient or primary caregiver shall not
be required to submit a new application.
[7.34.3.11 NMAC - Rp, 7.34.3.10 NMAC, 2/27/2015; A, 8/27/2019; A, 2/22/2022]
7.34.3.12 DENIAL OF AN INITIAL PATIENT OR PRIMARY CAREGIVER
APPLICATION:
A. Administrative review: All patient applicants or primary caregivers
whose initial application for a registry identification card has been denied
may request a record review from the department.
B. Procedure for requesting informal
administrative review:
(1) An applicant given notice of an application denial may
submit a written request for an administrative review. To be effective, the written request shall:
(a) be made within 30 calendar days, as determined by the
postmark, from the date of the denial notice issued by the department;
(b) be properly addressed to the medical cannabis program;
(c) state the applicant’s name, address, and telephone numbers;
(d) state the applicant’s proposed status as a qualified
patient or primary caregiver;
(e) if the applicant is a potential
primary caregiver, state the anticipated date of which service shall commence;
(f) provide a brief narrative
rebutting the circumstances of the application denial, and
(g) if applicable, provide supplemental documentation from the
applicant’s practitioner supporting the debilitating medical condition as
eligible for the program.
(2) If the applicant wishes to submit additional documentation for consideration, such
additional documentation must be included with the request for an
administrative review.
C. Administrative review proceeding: The administrative review proceeding shall be
a closed proceeding that is limited to an administrative review of
written application materials and documents offered to verify eligibility. The
administrative review proceeding is not an adjudicatory hearing, and an
individual whose initial application for a registry identification card has
been denied shall not be entitled to an adjudicatory hearing to contest the
denial. The administrative review shall
be conducted by the administrative review committee. In cases where the administrative review
committee finds the need for additional or clarifying information, the review
committee shall request that the applicant supply such additional information
within the time set forth in the committees’ request.
D. Final determination:
(1) Content: The administrative review committee shall render a written decision setting
forth the reasons for the decision and the evidence upon which the decision is
based.
(2) Effect: The decision of the
administrative review committee is the final decision
of the informal administrative review proceeding.
(3) Notice: A copy of the
decision shall be mailed to the applicant.
E. Judicial review: Except as otherwise provided by law, there
shall be no right to judicial review of a
decision by the administrative review committee.
[7.34.3.12 NMAC - Rp, 7.34.3.11
NMAC, 2/27/2015]
7.34.3.13 POSSESSION OF USABLE CANNABIS:
A. A
qualified patient or primary caregiver shall ensure that that all cannabis, cannabis-derived products, and paraphernalia are
kept secure and out of reach of children.
B. A
qualified patient and primary caregiver shall ensure that all cannabis and
cannabis-derived products that are purchased from a licensed non-profit
producer remain in the package or container provided by the non-profit entity
when not in use. If the package or container
is damaged, the product label and any other identifying information from the
package or container shall be kept and remain with the cannabis or
cannabis-derived product upon transfer to another package or container.
[7.34.3.13 NMAC - N, 2/27/2015; A, 02/22/2022]
7.34.3.14 MONITORING AND CORRECTIVE ACTIONS:
A. Monitoring:
(1) The
department or its designee may perform on-site assessments of a qualified patient or primary caregiver to determine compliance
with these rules. The department may
enter the premises of a qualified patient or primary caregiver during business
hours for purposes of monitoring and compliance. 24 hours notice will be provided to the
qualified patient or primary caregiver prior to an on-site assessment except
when the department has a reasonable suspicion to believe that providing notice
will result in the destruction of evidence or that providing such notice will
impede the department’s ability to enforce these regulations.
(2) All qualified patients or primary caregivers shall provide
the department or the department’s designee immediate access to any material
and information necessary for determining compliance with these
requirements.
(3) Failure by the
qualified patient or primary caregiver to provide the department access to the
premises or information may result in the revocation of the qualified patient
or primary caregiver enrollment and referral to state law enforcement.
(4) Any failure by a qualified patient or primary caregiver to
adhere to these rules may result in sanction(s), including suspension,
revocation, non-renewal, or denial of registration and referral to
state or local law enforcement.
(5) The department may refer
complaints involving alleged criminal activity made against a qualified patient
or primary caregiver to the appropriate New Mexico state or local authorities.
B. Corrective action:
(1) If
violations of these requirements are cited as a result of a monitoring visit,
the qualified patient or primary caregiver shall be provided with an official
written report of the findings within seven business
days following the monitoring visit.
(2) Unless otherwise specified by the department, the qualified
patient or primary caregiver shall correct the violation within five calendar days of receipt of the official written report citing the
violation(s).
(3) The violation shall not be deemed corrected until the
department verifies in writing within seven calendar days of receiving notice
of the corrective action that the corrective action is satisfactory.
(4) If the violation has not been corrected, the program manager
or designee may issue a notice of contemplated action to revoke the enrollment
of the qualified patient.
C. Suspension of enrollment without
prior hearing:
If immediate action is required to protect the health and safety of the
general public, the qualified patient or primary caregivers, the medical
cannabis program manager or designee may suspend the qualified patient or primary caregiver’s enrollment in the medical cannabis program
without notice.
(1) A qualified patient or primary caregiver whose enrollment
has been summarily suspended is entitled to an administrative review not later
than 30 calendar days after the enrollment is
summarily suspended.
(2) An administrative review requested subsequent to a summary
suspension shall be conducted by the administrative review committee.
(3) The
administrative review committee shall conduct the administrative review on the
summary suspension by reviewing all documents submitted by both the participant
and the department.
(4) The administrative review is not an adjudicatory hearing; rather, the sole issue in an administrative review of a
summary suspension is whether the individual’s enrollment shall remain
suspended pending a final administrative adjudicatory hearing and decision.
(5) An enrollee given notice
of summary suspension by the medical cannabis program may submit a written
request for an administrative review. To be effective, the written request shall:
(a) be made within 30 calendar days,
as determined by the postmark, from the date of the
notice issued by the department;
(b) be properly addressed to the medical cannabis program;
(c) state the requestor’s name,
address, and telephone numbers;
(d) provide a brief narrative rebutting the circumstances of the
suspension; and
(e) be accompanied by any additional documentation
offered in support of the request.
[7.34.3.14 NMAC - Rp, 7.34.3.12
NMAC, 2/27/2015]
7.34.3.15 PROHIBITIONS, RESTRICTIONS AND LIMITATIONS ON THE USE
OF CANNABIS BY QUALIFIED PATIENTS: Participation in the medical cannabis program by a qualified
patient or primary caregiver does not relieve the qualified patient or primary caregiver from:
A. criminal
prosecution or civil penalties for activities not authorized in this rule and
act;
B. criminal
prosecution or civil penalties for fraudulent representation to a law
enforcement officer about the person’s participation in the program to avoid
arrest or prosecution;
C. liability
for damages or criminal prosecution arising out of the operation of a vehicle while under the influence of cannabis or
cannabis-derived products; or
D. criminal
prosecution or civil penalty for possession, distribution, transfer, or use of
cannabis or a cannabis-derived product:
(1) in the workplace of the
qualified patient's or primary caregiver's employment;
(2) at a public park, recreation center, youth center, or other public place;
(3) to
a person not approved by the department pursuant to this rule;
(4) outside New Mexico or
attempts to obtain or transport cannabis, or
cannabis-derived products from outside New Mexico; or
(5) that
exceeds the allotted amount of usable medical cannabis, or cannabis-derived
products.
[7.34.3.15 NMAC - Rp, 7.34.3.13
NMAC, 2/27/2015; A,
8/27/2019]
7.34.3.16 DISCIPLINARY ACTIONS AND APPEAL PROCESS:
A. Grounds for disciplinary action: Disciplinary action may be taken against a
qualified patient, patient-applicant, primary caregiver, or primary
caregiver-applicant. Disciplinary action
may include revocation, suspension, or denial,
summary suspension, summary revocation, and other action. Disciplinary action may be imposed for:
(1) failure to comply with or satisfy any provision of this rule;
(2) falsification or misrepresentation of any material or
information submitted to the department;
(3) failing
to allow or impeding a monitoring visit by authorized representatives of the
department;
(4) failure
to adhere to any acknowledgement, verification, or other representation made to
the department;
(5) failure
to submit or disclose information required by this rule or otherwise requested
by the department;
(6) failure
to correct any violation of this rule cited as a result of a monitoring visit;
(7) diversion of cannabis or a
cannabis-derived product, as determined by the department;
(8) threatening or harming a patient,
a medical practitioner, or an employee of the department;
(9) for primary caregivers: conviction of the primary caregiver of any of
the disqualifying convictions identified by department rule;
(10) for patients:
failure of the patient to satisfy any criterion identified as a prerequisite to eligibility for a condition approved by the department;
(11) for patients: if a
certifying provider of the patient determines that the use of cannabis by the
patient would more likely than not be detrimental to the patient’s health; and
(12) any
other basis identified in this rule.
B. Request for hearing: A qualified patient or primary caregiver who
is the subject of disciplinary action, or an
applicant who has received a notice of contemplated action to deny their
application for any reason other than failure to submit a completed application
or failure to meet a submittal requirement of this rule, may request a hearing
in writing. The appellant shall file the
request for hearing within 30 calendar days of the date the action is taken or
the notice of contemplated action is received. The request shall:
(1) be properly addressed to the medical cannabis program;
(2) state the requestor’s name, address,
and telephone numbers; and
(3) include a statement of the issues that the appellant
considers relevant to the review of the action.
C. Hearing process:
(1) All
formal adjudicatory hearings held pursuant to this regulation shall be
conducted by a hearing examiner appointed by the
secretary.
(2) Hearings shall be conducted in Santa Fe, New Mexico, or,
with the consent of the parties, at another location.
(3) Due to federal and state laws
regarding the confidentiality of protected health information, all
hearings held pursuant to this section shall be closed to the public.
(4) The hearing shall be recorded on audiotape or other means of
sound reproduction.
(5) Any hearing provided for in this rule may be held telephonically, with the
consent of the parties.
D. Scheduling: The department shall schedule and hold the
hearing no later than 60 calendar days from the date the department receives
the appellant’s request for hearing. The
hearing examiner may extend the 60 day time period for
good cause shown, or the parties may extend that period by mutual
agreement. The department shall issue
notice of the hearing, which shall include:
(1) a statement of the time, place,
and nature of the hearing;
(2) a statement of the legal authority and jurisdiction under
which the hearing is to be held; and
(3) a short and plain statement of
the subject of the hearing.
E. Presentation of evidence: All
parties shall be given the opportunity to respond and present evidence and
argument on relevant issues.
F. Record of proceeding: The record of the proceeding shall include
the following:
(1) all pleadings, motions, and
rulings;
(2) evidence and briefs received or
considered;
(3) a statement of any matters officially noticed;
(4) offers of proof, objections, and rulings thereon;
(5) proposed findings and
conclusions; and
(6) any action recommended by the
hearing examiner.
G. Audio recording: A party may request a copy of the audio
recording of the proceedings.
H. Procedures and evidence:
(1) a
party may be represented by a person licensed to practice law in New Mexico or
a non-lawyer representative, or may represent himself or herself;
(2) the rules of evidence as applied
in the courts do not apply in these proceedings; any relevant evidence shall be admitted; irrelevant, immaterial, or unduly repetitious
evidence may be excluded;
(3) the experience, technical competence, and specialized
knowledge of the hearing examiner, the department or the department’s staff may
be used in the evaluation of evidence;
(4) an appellant’s failure to appear
at the hearing at the date and time noticed for the hearing
shall constitute a default.
I. Conduct of proceeding: Unless the hearing examiner determines a
different procedure to be appropriate, the hearing shall be conducted as
follows:
(1) the appellant may present an
opening statement and the department may present an opening statement or
reserve the statement until presentation of its case;
(2) upon conclusion of any opening
statements, the appellant shall present his or her case;
(3) upon the conclusion of the appellant’s case, the department
shall present its case;
(4) upon conclusion of either party’s
case, the opposing party may present rebuttal
evidence; and
(5) after presentation of the evidence by the parties, the
parties may present closing arguments.
J. Burden of proof: The appellant bears the burden of
establishing by a preponderance of the evidence that the decision made or
proposed by the department should be reversed or modified.
K. Continuances: The hearing examiner may grant a continuance
for good cause shown. A motion to
continue a hearing shall be made at least 10 calendar days before the hearing
date.
L. Telephonic hearings:
(1) any
party requesting a telephonic hearing shall do so no
less than 10 business days prior to the date of the hearing; notice of the telephonic hearing shall be
given to all parties and shall include all necessary telephone numbers;
(2) failure of an appellant to provide their correct telephone
number or failure to be available at the commencement of the hearing shall be
treated as a failure to appear and shall constitute a default;
(3) the
in-person presence of some parties or witnesses at the hearing shall
not prevent the participation of other parties or witnesses by telephone with
prior approval of the hearing examiner.
M. Recommended action and final
decision:
(1) the
parties may submit briefs including findings of fact and conclusions
of law for consideration by the hearing examiner;
(2) no later than 30 calendar days after the last submission by a
party, the hearing examiner shall prepare and submit to the secretary a written recommendation of action to be taken by the secretary; the recommendation shall propose sustaining,
reversing, or modifying the proposed action of the department;
(3) the secretary shall issue a final written decision accepting
or rejecting the hearing examiner’s recommendation in
whole or in part no later than 30 calendar days after receipt of the hearing
examiner’s recommendation; the final
decision shall identify the final action taken;
service of the secretary’s final decision shall be made upon the
appellant by registered or certified mail;
(4) the final decision or order shall be made a part of the
patient or primary caregiver’s file with the medical
cannabis program.
[7.34.3.16 NMAC - Rp, 7.34.3.14 NMAC,
2/27/2015; A, 2/29/2016]
7.34.3.17 EXEMPTION FROM STATE CRIMINAL AND CIVIL PENALTIES FOR
THE MEDICAL USE OF CANNABIS:
A. Possession
of, or application for, a registry identification
card shall not constitute probable cause or give rise to reasonable suspicion
for any governmental agency to search the person or property of the person
possessing or applying for the card.
B. A qualified patient shall not be
subject to arrest, prosecution, or penalty in any manner by the
state of New Mexico or a political subdivision thereof for the possession of or
the use of medical cannabis if the quantity of cannabis, concentrates, or
cannabis-derived products does not exceed an adequate supply as defined by rule;
provided that a qualified patient or the qualified patient’s primary caregiver
may collectively possess that qualified patient’s harvest of cannabis.
C. A primary caregiver shall not be subject to arrest, prosecution, or penalty in any manner for the
possession of cannabis by the state of New Mexico, or a political subdivision
thereof, for the medical use by the qualified patient if the quantity of
cannabis, concentrates, or cannabis-derived products does not exceed an
adequate supply as defined by rule.
D. A qualified patient or a primary
caregiver shall be granted the full legal protections provided under the Lynn
and Erin Compassionate Use Act, Section 26-2B-1 et seq., NMSA 1978, by
the state of New Mexico if the qualified patient or primary caregiver is in possession of a valid registry identification card. If the qualified patient or primary caregiver
is not in possession of a valid registry identification card, the qualified
patient or primary caregiver shall be given an opportunity to produce the
registry identification card before any arrest, or criminal charges, or other
penalties are initiated.
E. A practitioner shall not be subject
to arrest or prosecution, penalized in any manner, or denied any right or
privilege by the state of New Mexico, or political
subdivision thereof, for recommending the medical use of cannabis, or providing
written certification for the medical use of cannabis pursuant to this rule and
the act.
F. Any property interest that is
possessed, owned, or used in connection with the
medical use of cannabis, or acts incidental to such use, shall not be harmed,
neglected, injured, or destroyed while in the possession of New Mexico state or
local law enforcement officials. Any
such property interest shall not be forfeited under any New Mexico state or
local law providing for the forfeiture of property except as provided in the
Forfeiture Act. Cannabis,
cannabis-derived products, paraphernalia, or other property seized from a
qualified patient or primary caregiver in connection with the claimed medical
use of cannabis shall be returned immediately upon the determination by a court
or prosecutor that the qualified patient or primary caregiver is entitled to
the protections of the provisions of this rule and the act, as may be evidenced
by a failure to actively investigate the case, a decision not to prosecute, the
dismissal of charges, or acquittal.
G. A person shall not be subject to
arrest or prosecution by the state of New Mexico, or political subdivision
thereof, for a cannabis-related offense for being in the presence of the medical use of cannabis as permitted under the
provisions of this rule and the act.
[7.34.3.17 NMAC - Rp, 7.34.3.15
NMAC, 2/27/2015; A, 8/27/2019]
7.34.3.18 QUALIFIED PATIENT, PRIMARY CAREGIVER, AND MEDICAL
PROVIDER CONFIDENTIALITY: The department shall maintain
a confidential file containing the names and contact information of the persons
who have either applied for or received a registry identification card, as well
as the names and contact information of certifying and diagnosing providers.
A. Patient applicants and qualified
patients: Names and contact information regarding a
qualified patient or patient-applicant shall be confidential and shall not be
subject to disclosure, except:
(1) to employees or agents of the department as necessary to perform the duties of the department
pursuant to the provisions of this rule and the act;
(2) to employees of New Mexico state or local law enforcement
agencies, for the purpose of verifying that a person is lawfully enrolled in the medical cannabis program, or in the
event that the medical cannabis program manager or designee has reason to
believe that a qualified patient or patient-applicant may have violated an
applicable law; and
(3) as provided in the federal Health Insurance Portability and
Accountability Act (HIPAA) of 1996 and applicable state and federal
regulations.
B. Primary caregivers and certifying
providers: Names and contact information regarding a
primary caregiver or medical provider shall be confidential
and shall not be subject to disclosure, except:
(1) to applicable licensing bodies, for the purpose of verifying
the practitioner’s licensure status, or in the event that the medical cannabis program manager or designee has reason to believe that a practitioner
may have violated licensing requirements or an applicable law;
(2) to employees of New Mexico state or local law enforcement
agencies, in the event that the medical cannabis
program manager or designee has reason to believe that a primary caregiver
or medical provider may have violated an
applicable law; and
(3) as provided in the federal HIPAA of 1996 and applicable state and federal regulations.
[7.34.3.18 NMAC - Rp, 7.34.3.16
NMAC, 2/27/2015]
7.34.3.19 DISPOSAL OF UNUSED CANNABIS: Unused cannabis,
concentrate, or cannabis-derived product in the possession of a qualified
patient, primary caregiver, or reciprocal participant that is no longer
needed for the needs of the patient or reciprocal
participant may be disposed of by transporting the unused portion to a state or
local law enforcement office, by destroying the unused cannabis, or by
transferring, without financial consideration, to a person who is 21 years of
age or older not more than the amount of cannabis lawfully purchased and
obtained pursuant to the Medical Cannabis Program or the Cannabis Regulation
Act.
[7.34.3.19 NMAC - Rp, 7.34.3.17
NMAC, 2/27/2015; A,
8/27/2019; A, 2/22/2022]
7.34.3.20 PROGRAM COOPERATION WITH LAW
ENFORCEMENT:
A. The medical
cannabis program shall be accessible via telephone 24-hours per day for state
and local law enforcement to contact the program to determine the enrollment
status of a patient, consistent with this rule, and shall make available a
telephone number for this purpose. State
and local law enforcement may obtain this telephone number by contacting the
medical cannabis program’s main number, or by visiting the medical cannabis
program website.
B. The medical cannabis program shall cooperate
with state and local law enforcement to provide education and training
regarding the Lynn and Erin Compassionate Use Act and department rules.
[7.34.3.20 NMAC - N, 2/27/2015]
7.34.3.21 SEVERABILITY: If any part or application of these rules is held to be invalid, the remainder or its
application to other situations or persons shall not be affected. Failure to promulgate rules or implement any
provision of these rules shall not interfere with the remaining protections
provided by these rules and the act.
[7.34.3.21 NMAC - Rp, 7.34.3.19
NMAC, 2/27/2015]
7.34.3.22 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 a quantity of cannabis that does not exceed the
reciprocal limit identified in this section.
A reciprocal participant may possess the amounts of cannabis permitted
in accordance with the Cannabis Regulation Act, Sections 26-2C-1 through
26-2C-42 NMSA 1978. Once commercial cannabis sales are authorized
by the cannabis control division to begin in accordance with Subsection K of
Section 26-2C-6 NMSA 1978, a reciprocal participant will be able to make
commercial purchases above the reciprocal limit, in accordance with the
Cannabis Regulation Act. 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 licensee for the purpose of tracking sales to the reciprocal
participant in an electronic system specified by the cannabis control division
of the regulation and licensing department that is accessible to the department
of health.
(2) Minors: In the event that a reciprocal participant is
a minor, the reciprocal participant may not purchase cannabis, but may have
cannabis purchased on their behalf by the minor’s parent or legal guardian 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 425 total units. For purposes of
department rules, this quantity is deemed the reciprocal limit. (For ease of reference: 425 units is
equivalent to 425 grams, or approximately 15 ounces, of dried usable cannabis
plant material.)
C. Registration: At the time of
registration, a reciprocal participant shall sign a registration form
acknowledging 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 state and federal prohibitions
against the transport of cannabis across state and international boundaries.
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.)
E. Compliance
with rule requirements:
Noncompliance with the requirements of this rule may result in the
suspension or revocation by the department of a reciprocal participant’s
registration and ability to participate reciprocally in the New Mexico medical
cannabis program.
[7.34.3.22 NMAC - N,
2/22/2022]
HISTORY OF 7.34.3 NMAC:
History
of Repealed Material:
7.34.3
NMAC, Registry Identification Cards (filed 12/01/2008) repealed 12/30/2010.
7.34.3 NMAC, Registry Identification Cards (filed
12/16/2010) repealed 2/27/2015.
NMAC
History:
7.34.3
NMAC, Registry Identification Cards (filed 12/01/2008) was and replaced by
7.34.3 NMAC, Registry Identification Cards, effective 12/30/2010.
7.34.3 NMAC, Registry Identification Cards
(filed 12/16/2010) was replaced by 7.34.3 NMAC, Registry Identification Cards,
effective 2/27/2015.