New Mexico Medical Marijuana Laws
New Mexico Marijuana Penalties
|
Offense |
Penalty |
Incarceration |
Max. Fine |
|
| Possession | ||||
| 1 oz. or less (First offense) |
Misdemeanor |
15 days |
$100 |
|
| 1 oz. or less (Second offense) |
Misdemeanor |
1 year |
$1,000 |
|
| 1 oz. to 8 oz. |
Misdemeanor |
1 year |
$1,000 |
|
| More than 8 oz. |
Felony |
1.5 years |
$5,000 |
|
| Distribution | ||||
| Less than 100 lbs (First offense) |
Felony |
1.5 years |
$5,000 |
|
| Less than 100 lbs (Second offense) |
Felony |
3 years |
$5,000 |
|
| More than 100 lbs (First offense) |
Felony |
3 years |
$5,000 |
|
| More than 100 lbs (Second offense) |
Felony |
9 years |
$10,000 |
|
| To a minor (First offense) |
Felony |
3 years |
$5,000 |
|
| To a minor (Second offense) |
Felony |
9 years |
$10,000 |
|
| Within a drug-free school zone . |
Felony |
18 years |
$15,000 |
|
| Includes possession with the intent to distribute. | ||||
| If no payment, exchange of small amount of marijuana is treated as possession only. | ||||
| Cultivation | ||||
| Any amount (First Offense) |
Felony |
9 years |
$10,000 |
|
| Any amount (Second Offense) |
Felony |
18 years |
$15,000 |
|
| Within a drug-free school zone . |
Felony |
18 years |
$15,000 |
|
| Hash & Concentrates | ||||
| Possession |
Misdemeanor |
1 year |
$1,000 |
|
| Distributing or possessing with intent to distribute. |
Felony |
3 years |
$5,000 |
|
| Paraphernalia | ||||
| Possession or distribution of paraphernalia. |
Misdemeanor |
1 year |
$100 |
|
| Distribution of paraphernalia to a minor. |
Felony |
1.5 years |
$5,000 |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE
Sections 1 through 7 of this act may be cited as the "Lynn and Erin Compassionate Use Act" in honor of Lynn Pierson and Erin Armstrong.
Section 3. DEFINITIONS As used in the Lynn and Erin Compassionate Use Act:
1. "adequate supply" means an amount of cannabis, in any 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;
B. "debilitating medical condition" means:
(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) epilepsy;
(6) positive status for human immunodeficiency virus or acquired immune deficiency syndrome;
(7) admitted into hospice care in accordance with rules promulgated by the department; or
(8) any other medical condition, medical treatment or disease as approved by the department;
C. "department" means the department of health;
D. "licensed producer" means any person or association of persons within New Mexico that the department determines to be qualified to produce, possess, distribute and dispense cannabis pursuant to the Lynn and Erin Compassionate Use Act and that is licensed by the department;
E. "practitioner" means a person licensed in New Mexico to prescribe and administer drugs that are subject to the Controlled Substances Act;
F. "primary caregiver" means a resident of New Mexico who is at least eighteen years of age and who has been designated by 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;
G. "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 issued pursuant to the Lynn and Erin Compassionate Use Act; and
H. "written certification" means a statement in a patient's medical records or a statement signed by a patient's practitioner that, in the practitioner's professional opinion, 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. A written certification is not valid for more than one year from the date of issuance.
Section 4. EXEMPTION FROM CRIMINAL AND CIVIL PENALTIES FOR THE MEDICAL USE OF CANNABIS
A. A qualified patient shall not be subject to arrest, prosecution or penalty in any manner for the possession of or the medical use of cannabis if the quantity of cannabis does not exceed an adequate supply.
B. A qualified patient's primary caregiver shall not be subject to arrest, prosecution or penalty in any manner for the possession of cannabis for medical use by the qualified patient if the quantity of cannabis does not exceed an adequate supply.
(1) the qualified patient's practitioner has explained the potential risks and benefits of the medical use of cannabis to the qualified patient and to a parent, guardian or person having legal custody of the qualified patient; and
(2) a parent, guardian or person having legal custody consents in writing to:
(a) allow the qualified patient's medical use of cannabis;
(b) serve as the qualified patient's primary caregiver; and
(c) control the dosage and the frequency of the medical use of cannabis by the qualified patient.
D. A qualified patient or a primary caregiver shall be granted the full legal protections provided in this section if the patient or caregiver is in possession of a registry identification card. If the qualified patient or primary caregiver is not in possession of a registry identification card, the patient or 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 for recommending the medical use of cannabis or providing written certification for the medical use of cannabis pursuant to the Lynn and Erin Compassionate Use Act.
F. A licensed producer shall not be subject to arrest, prosecution or penalty, in any manner, for the production, possession, distribution or dispensing of cannabis pursuant to the Lynn and Erin Compassionate Use Act.
G. 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 state or local law enforcement officials. Any such property interest shall not be forfeited under any state or local law providing for the forfeiture of property except as provided in the Forfeiture Act. Cannabis, 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 the Lynn and Erin Compassionate Use Act, as may be evidenced by a failure to actively investigate the case, a decision not to prosecute, the dismissal of charges or acquittal.
H. A person shall not be subject to arrest or prosecution for a cannabis-related offense for simply being in the presence of the medical use of cannabis as permitted under the provisions of the Lynn and Erin Compassionate Use Act.
Read the Lynn and Erin Compassionate Use Act in its entirety here.
New Mexico Medical Marijuana Qualification
Who Qualifies for Medicinal Marijuana in New Mexico
HOW TO BECOME A MEDICAL MARIJUANA PATIENT IN NEW MEXICO
- Must be a resident of New Mexico with a valid New Mexico I.D. as proof of residency.
- Obtain a copy of your medical records indicating diagnosis of a qualifying condition, as listed below. Learn how to request your medical records and remember to bring these records with you to your marijuana evaluation appointment. Please note the following guidelines:
If applying under Chronic Pain, you must have a second certification from a specialist
If applying under PTSD, you must have medical records showing a psychiatrist’s diagnosis
If applying under Glaucoma, you must have medical records showing an ophthalmologist’s diagnosis
If applying under Inflammatory Autoimmune-Mediated Arthritis, you must have a certification from a Rheumatologist
- Obtain written certification from a physician licensed in the state of New Mexico that that you are a qualifying patient. Find a medical marijuana doctor in New Mexico here.
- Register with the New Mexico Department of Health to receive a registry identification card. Here are step by step directions on how to get your medical marijuana card in NM.
WHAT AILMENTS CAN BE TREATED WITH MEDICAL CANNABIS IN NEW MEXICO?
- Severe chronic pain
- Painful peripheral neuropathy
- Intractable nausea/vomiting
- Severe anorexia/cachexia
- Hepatitis C infection currently receiving antiviral treatment
- Crohn's disease
- Post-traumatic Stress Disorder
- Amyotrophic Lateral Sclerosis (Lou Gehrig's disease)
- Cancer
- Glaucoma
- HIV/AIDS
- Multiple sclerosis
- Damage to the nervous tissue of the spinal cord with intractable spasticity
- Epilepsy
- Hospice patients
- Inflammatory autoimmune-mediated arthritis
MEDICAL MARIJUANA ACCESS
Some medical marijuana patients will claim they have a doctor's prescription for medical marijuana, but marijuana prescriptions are in fact illegal. The federal government classifies marijuana as a schedule I drug. Therefore doctors are unable to prescribe marijuana to their patients, and medical marijuana patients cannot go to a pharmacy to fill a prescription for medical marijuana. Instead, medical marijuana physicians will supply patients with a medical marijuana recommendation in compliance with state law.
Under New Mexico medical marijuana law, Qualified patients may purchase cannabis from a state licensed producer and possess up to six ounces of medical cannabis. You can have more than six ounces of useable medical cannabis if you provide the Department of Health with a letter of special need from your certifying medical provider. This letter must explain why you need a larger amount and must specify what amount your medical provider thinks you need. The state website explains that once you are approved they will provide you with information about how to contact the licensed producers to receive medical cannabis. In order to grow your own marijuana, you apply for a specific license. Download the application here. If you are approved, you can have four mature plants and 12 seedlings.
HOW TO CONTACT THE NEW MEXICO MEDICAL CANNABIS PROGRAM
Mailing Address
Department of Health?1190 St. Francis Drive?Suite S1203?Santa Fe, NM 87502?Fax: (505) 827-2862
Phone Number:(505) 827-2321
Email:medical.cannabis@state.nm.us
New Mexico Medical Marijuana
New Mexico Medical Marijuana Laws, New Mexico Medical Marijuana Qualifications and General New Mexico Marijuana Information
The State of New Mexico has a legalized medical marijuana program, which allows legal medical marijuana patients to receive a marijuana recommendation from a certified physician, apply for a State-issued New Mexico Medical Marijuana ID Card, and grow and/or purchase marijuana for medicinal use per state guidelines. We have compiled the following index of medical marijuana information in New Mexico to serve as a legal library to our users for legal reference of New Mexico's laws and guidelines regarding Medical Cannabis.
Please note that in order to become a legal medical marijuana patient you must first have a qualifying condition as outlined by the department of health services and/or department of justice. For a comprehensive list of New Mexico's medical marijuana qualifying conditions you can visit our qualifying conditions section located on the top of our menu under "legal states".
Since the New Mexico medical marijuana program is still changing their laws and new New Mexico medical marijuana laws are being enacted on a monthly basis, please be sure to visit our site frequently to get the most updated laws as it pertains to the New Mexico medical marijuana program. Please click a corresponding link to find out more about your New Mexico's Medical Marijuana Program.
NEW MEXICO QUALIFICATION
Find out Who Qualifies for Marijuana in New Mexico in our definitive guide of New Mexico's qualification guidelines. Read up on medical conditions that are covered under New Mexico's medical marijuana program, age restrictions, criminal conviction restrictions, and more.
NEW MEXICO MEDICAL MARIJUANA LAWS
Read New Mexico's Full Medical Marijuana Laws to gain full specific knowledge of New Mexico's exact legal guidelines without interpretation. We suggest that you print New Mexico's Full Medicinal Marijuana Laws for use with our MyDoc program in order to provide your physician full insight into New Mexico's laws for his knowledge.
NEW MEXICO MEDICAL MARIJUANA CARD
Find out how to obtain a{n} New Mexico Medical Marijuana Card with our guide to New Mexico's state medicinal marijuana ID program. Some states require that you obtain your card prior to obtaining your medicine, so read here first to ensure that you know New Mexico's requirements. Charlotte's Web - CBD for Epilepsy
