Thursday, December 6, 2018

New Mexico Medical Cannabis Program Meetings (2) Friday December 7th 2018


There are two meetings (morning/afternoon) on Friday, December 7th about the New Medical Cannabis Program.
“Section 2. PURPOSE OF ACT.—The purpose of the Lynn and Erin Compassionate Use 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.”

Throughout the course of the Martinez administration, the Governor has had a “do nothing” approach to the medical cannabis program in New Mexico, which in itself has been very destructive to it over the years. As the medical cannabis program grew in size with more and more people benefiting from medical cannabis nothing at all has been done for the  fundamental aspect of the law to maintain itself - “adequate supply”. The medical cannabis program has well over 65,000 people in it and the producers grow 14,350 cannabis plants, thus there is less than one third of a medical cannabis plant per person in the program.



Meeting #1:

Friday December 7 @ 10:00 AM - 1:00 PM
Public Hearing: Medical Cannabis Advisory Board (MCAB) to the New Mexico Department of Health Medical Cannabis Program (NMDOH MCP)
Harold Runnels Building
1190 S. St. Francis Drive, Santa Fe, NM 87505

Agenda:
(Link to Agenda


A. Call to Order/Introductory Comments/Board Member Introductions

B. Actions of the Secretary of Health on Previously-Submitted MCAB Recommendations from September 07, 2018

Action Pending on the Petition: Requesting The Inclusion Of A New Medical Condition: Autism Spectrum Disorders (Submitted by Safe Access New Mexico) Petition link:
https://lecuanmmcpmcabpetitions.blogspot.com/2018/04/petition-requesting-inclusion-of-new.html

C. Medical Cannabis Program Update
Active Patients: 66,725   Active Personal Production Licenses (PPLs): 7,563 [Nov. 2018]

D. Petitions from the Public:

Petition 2018-003: Add Pharmacist as a Voting Member of Board - Could not be heard as
this requires a statutory change.

Petition 2017-039: Add Degenerative Neurological Disorders And Neuroprotective Applications (which includes Alzheimer’s Disease) as Approved Conditions (Submitted by Safe Access New Mexico)
Petition: Degenerative Neurological Disorders And Neuroprotective Applications
http://lecuanmmcpmcabpetitions.blogspot.com/2017/09/petition-degenerative-neurological.html

Petition 2018-004: Add Alzheimer's Disease as an Approved Condition

Petition 2018-002: Add Nystagmus as an Approved Condition

E. Public Comment

F. Adjournment and Next Public Hearing Date



Meeting #2: 

Friday December 7 @ 1:oo PM - 5:00 PM
Ninth Meeting of the Legislative Health and Human Services Committee (LHHS)
State Capitol, Room 322 Santa Fe, NM

LHHS Agenda:
(Link to LHHS Agenda)

1:00 p.m. Welcome and Introductions
—Representative Deborah A. Armstrong, Chair, Legislative Health and Human Services Committee (LHHS)
—Senator Gerald Ortiz y Pino, Vice Chair, LHHS

1:10 p.m. Medicaid Buy-In: Final Report on Feasible Options for New Mexico
—Patricia M. Boozang, Senior Managing Director, Manatt Health
—Chiquita Brooks-LaSure, Managing Director, Manatt Health

3:00 p.m. Public Comment

3:30 p.m. Review of 2019 Legislation for Endorsement
*To include medical cannabis legislation LHHS has available for preview
—Michael Hely, Staff Attorney, Legislative Council Service (LCS)
—Chris Pommier, Staff Attorney, LCS

5:00 p.m. Adjourn


Legislators in the Roundhouse are projected to have $1.2 billion coming in for the new budget year, so there is absolutely no need to fast track recreational cannabis legalization in New Mexico for 2019. Lawmakers cite the need for more money, and always mention all the money Colorado has coming in from Cannabis legalization for education - Guess what, we already spend more per student in public schools than Colorado does, New Mexico has a money management issues going on and that needs to be addressed before tackling Recreational Legalization.

Governor-elect Michelle Lujan Grisham should be first and foremost talking about fixing the medical cannabis program to allow Safe Access to Medical Cannabis at Schools and end the discrimination there. Currently there are six other states with comprehensive medical cannabis programs (New Jersey, Maine, Washington, Colorado, Pennsylvania and Illinois) that have successfully set forth rules and regulations for allowing school-age children to have safe access to medical cannabis while attending public schools.

No school or school district has ever lost any federal funding for allowing safe access to medical cannabis at school, nor has there been any problems.

Today the New Mexico Medical Cannabis Program has over 68,500 registered participants with 35(thirtyfive) 34(thirtyfour) licensed non-profit producers or LNPP’s now growing 14,550 14,350 medical cannabis plants (thus there is less than ⅓ (one third) of a medical cannabis plant per person in the program). All medical cannabis products are being tested at 3(three) 2(two) state licensed labs for safety, as the program hits the end of its 10th year. The Medical Cannabis Program (MCP) was created in 2007, as the Lynn and Erin Compassionate Use Act, under chapter 210 Senate Bill 523. New Mexico’s medical cannabis history started in 1978, after public hearings the legislature enacted H.B. 329, the nation’s first law recognizing the medical value of cannabis…the first law.

In 2019 during the Legislative 60 day Regular Session: Pass a bill to Fix & Expand the states Neglected Medical Cannabis Program, Pass a bill Allowing Safe Access to Medical Cannabis at Schools, Enable Veterinary Doctors access to the Medical Cannabis Program, Pass Decriminalization for the State, Pass Medical Cannabis Research for UNM and get the Industrial Hemp program going with medical hemp research at NMSU for the states medical cannabis program.
Then start talking about Cannabis Recreational Use Legalization.



Legislation to please review and consider emailing or mailing to your New Mexico Representatives for Medical Cannabis Program Expansion:

Find and Email Your New Mexico Legislators Any of These Bills Here: https://www.nmlegis.gov/Members/Find_My_Legislator
1. AN ACT: Safe Access To Medical Cannabis in SchoolThis legislation will allow reasonable accommodations for safe access to medical cannabis at school. Nothing in this bill requires any school personnel to administer medical cannabis.
Schools can opt out of this policy if the school loses federal funding as a result of implementing this policy; and the school can reasonably demonstrate that lost federal funding was a result of implementing this policy. This bill will also protect parents and pediatric patients as an individual's participation in the state's medical cannabis program established pursuant to the Lynn and Erin Compassionate Use Act shall not in itself constitute grounds for removal and placement into state custody of a child in that individual's care pursuant to the Abuse and Neglect Act; or the provision of state prevention, diversion or intervention services to that individual's family pursuant to the Family Services Act. This bill also exempts certain approved entities and employees and agents from criminal and civil liability involving medical cannabis.
Link to this Proposed Legislation: http://www.cannabisnewsjournal.co/p/proposed-2019-legislation-act-safe.html
Recent news stories and articles of supporting this Policy Change:
And since speaking out and advocating for this change both mothers are now experiencing retaliation and harassment from the school district, both Albuquerque Public Schools and Estancia Public Schools, such retaliation as contacting law enforcement and seeking civil actions in court.

Please Speak Up and Advocate for these Mothers and other Families!

In addition to support from the Legislative Human Health and Services interim committee, these mothers advocating for this change also have the support of Governor-Elect Michelle Lujan Grisham; The change in the law is coming and at this point what APS and Estancia Public Schools are doing to these children is causing them harm...

Currently there are six other states with comprehensive medical cannabis programs (New Jersey, Maine, Washington, Colorado, Pennsylvania and Illinois) that have successfully set forth rules and regulations for allowing school-age children to have safe access to medical cannabis while attending public schools.

No school or school district has ever lost any federal funding for allowing safe access to medical cannabis at school, nor has there been any problems.

2. MEMORIAL- LHHS Medical Cannabis Subcommittee The New Mexico legislative council be requested to charge the chair of the legislative health and human services committee with convening and chairing the medical cannabis program advisory subcommittee and with appointing to the subcommittee: The Eight members of the current New Mexico Medical Cannabis Advisory Board, who are to be practitioners and representing the fields of neurology, pain management, medical oncology, psychiatry, infectious disease, family medicine and gynecology. The practitioners shall be nationally board-certified in their area of specialty and knowledgeable about the medical use of cannabis. In Additional members of the medical cannabis program advisory subcommittee shall consist of; at least one person who is from the University of New Mexico Medical Cannabis Research Fund, at least two members of the House of Representatives, one each from the majority party and the minority party; at least two Senators, one each from the majority party and the minority party; and a member of the legislative finance committee staff; and one member who is a representative of the New Mexico Department of Agriculture; one member who is a representative of the New Mexico State Pharmacy Board; one member who is a representative of the New Mexico Department of Health, at least two persons who possesses a qualifying patient's registry identification card; at least one person who is an officer, board member, or other responsible party for a licensed medical cannabis dispensing facility; at least one medical professional who is a medical cannabis provider, and at least one qualifying patient who is either a Armed Forces Veteran or prior Law Enforcement/Fire/EMT Veteran status.
Link to this Proposed Legislation:
http://www.cannabisnewsjournal.co/p/proposed-2019-nm-legislation-memorial.html


3. AN ACT: Veterinary Medicine Access To The Medical Cannabis Program This legislation will allow cannabis to be discussed for medical purposes on animals. This bill will not allow a veterinary practice to sell or administer cannabis.
Passage into law would then enable Veterinary Medical Doctors to recommend medical cannabis and complete the necessary paperwork as required by the state’s medical cannabis law, Lynn and Erin Compassionate Use Act, 2007.
Link to this Proposed Legislation:
http://www.cannabisnewsjournal.co/p/proposed-2019-nm-legilsation-act.html
(The New Mexico Veterinary Medical Board does Support seeing this change take place.) *This is especially important to me personally as my dog, Tecumseh, has a extremely severe and rare form of canine idiopathic epilepsy. 
Article about Tecumseh: ‘Medical Cannabis and Veterinary Medicine’
http://www.cannabisnewsjournal.co/2018/07/medical-cannabis-and-veterinary-medicine.html


4. An Act: Relating to Amending LECUA, 2007The bill, within the LECUA provision for exemption from criminal and civil penalty, adds a paragraph providing for immunity for approved entities, Department of Health (DOH) employees, or agents for the possession of cannabis, or for other activities, as may be permitted by department rule. The bill would also permit the department to extend the enrollment period of a patient or caregiver in the program if the department believes the individual’s enrollment might lapse as a result of a delay in the processing of the enrollment application. Overall enrollment periods would be increased from one year to two years.
Provisions would be added to LECUA requiring the secretary of health to adopt rules to allow for interstate reciprocity, publish a patient census on the DOH website, and notify licensed producers of the current census. The adds substance use disorder, for which the applicant or qualified patient is currently undergoing treatment for the applicant's or qualified patient's condition; And allows any Qualifying Medical Provider per department rule to add any other chronic or persistent medical symptom that either substantially limits a person’s ability to conduct one or more of major life activities as defined in the Americans with Disabilities Act of 1990, or if not alleviated, may cause serious harm to the person’s safety, physical, or mental health; as approved by the department.
The bill would also require the secretary of DOH to notify localities of the secretary’s intent to issue a new producer license to include the name and address of the new licensee.
Also, the bill would not allow children to be removed and placed into state custody based solely on an individual’s participation in the medical cannabis program. The bill would also not allow someone to be precluded from receiving an anatomical gift due to that person’s participation in the program.
Link to this Proposed Legislation:
http://www.cannabisnewsjournal.co/p/proposed-2019-nm-legislation-act.html


Safe Access New Mexico ~ A Chapter of Americans For Safe Access
UNITE-NETWORK-GROW-INFORM-KNOW-EDUCATE-ACTIVISM-VOTE-HEALTH-WELLNESS
(All Rights Reserved 04/20/2018)


Resources for Policy Makers, Medical Professionals & Researchers:The medicinal properties of cannabis are varied given the multiplicity of physiological roles of the endocannabinoid system, a ubiquitous molecular signaling system at which compounds in cannabis have robust receptor-based actions. Here is information on medical marijuana practice policies and procedures in your locality, as well as scientific and practice ethics information.
https://www.safeaccessnow.org/medical_professionals



While state medical cannabis laws vary tremendously, the needs of patients remain consistent across the nation. The need for accurate and authoritative information on crafting laws for patient access is growing daily. While many regulations look good on paper, their impact can be detrimental to the patients they seek to help. It is ASA's position that the true test of successful medical cannabis policy is when the patient community has achieved safe and legal access.

An important part of achieving effective medical cannabis laws is to ensuring that legislative and regulatory proposals are meeting the needs of patients and communities without putting to onerous restrictions on individual patients.  Luckily, there is no longer a need to guess impacts of legislation  and regulations as we can now look to other states for insights on working models.

Utilizing ASA’s eleven years of experience in implementing medical cannabis laws and our “Legislating Compassion” and “Regulating Compassion” policy tools, ASA staff and our advisory committees offer patient advocates and policy makers legislative and regulatory analysis, amendments for legislation and regulations, strategy advice, campaign development and support, and targeted lobbying materials.

For more information contact policy@safeaccessnow.org
https://www.safeaccessnow.org/policy_shop


Find and Email Your New Mexico Legislator’s These Bills:
Find My Legislator: https://www.nmlegis.gov/Members/Find_My_Legislator


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