A. Know the Laws
State LawsNew Mexico became the 12th state to allow medical cannabis with the Lynn and Erin Compassionate Use Act in 2007 (Senate Bill 523).
• The purpose of the Act is to allow the beneficial use of medical cannabis in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments.
• The Department’s objective is to provide patients with safe access to safe medicine.
What enrollment provides
• Possession of no more than 230 units (approximately eight ounces) over a three month period.
• The right to purchase from a Licensed Non-Profit Producer
• The right to possess any paraphernalia in connection with their use of medical cannabis
• If the patient is not in possession of their card, they shall be given time to produce the card before arrest or criminal charges (Lynn and Erin Compassionate Use Act)
• The right to apply for a personal production license (PPL), to allow enrollee to grow
for personal use. If approved, patient can have up to sixteen plants, four mature (flowering) and 12 seedlings.
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 a school bus or public vehicle; (2) on school grounds or property; (3) in the workplace of the qualified patient's or primary caregiver's employment; (4) at a public park, recreation center, youth center, or other public place; (5) to a person not approved by the department pursuant to this rule; (6) outside New Mexico or attempts to obtain or transport cannabis, or cannabis-derived products from outside New Mexico; or (7)that exceeds the allotted amount of usable medical cannabis, or cannabis-derived products. NMAC 22.214.171.124
The MCP operates a 24-hour hotline for law enforcement only. Only questions from law enforcement are answered on the line. (505) 231-6740