Tuesday, February 25, 2020

New Mexico Department of Health Releases Medical Cannabis Program Reciprocity Regulations


This amendment creates a new section at 7.34.4.30 NMAC, effective 2/25/2020.
7.34.4.30 RECIPROCITY: Beginning July 1, 2020, an individual who holds proof of authorization to participate in the medical cannabis program of another state of the United States, the District of Columbia, a territory or commonwealth of the United States or a New Mexico Indian nation, tribe or pueblo may lawfully purchase and possess cannabis, provided that the quantity of cannabis does not exceed the reciprocal limit identified in this section.

A. Reciprocal participation:

(1) General requirements: A reciprocal participant:
(a) may participate in the medical cannabis program in accordance with department rules;
(b) shall not be required to comply with the registry identification card application and renewal requirements established pursuant to this section and department rules;
(c) shall at all times possess proof of authorization to participate in the medical cannabis program of another state, the District of Columbia, a territory or commonwealth of the United States or a New Mexico Indian nation, tribe or pueblo and shall present proof of that authorization when purchasing cannabis from a licensee; and
(d) shall register with a licensed non-profit producer for the purpose of tracking sales to the reciprocal participant in an electronic system specified by the department.

(2) Minors: In the event that a reciprocal participant is a minor, a licensed non-profit producer shall not sell or transfer cannabis to the minor, but may sell or transfer cannabis to a parent or legal guardian of the minor who holds proof of authorization to purchase cannabis on the minor’s behalf that was issued by another state of the United States, the District of Columbia, a territory or commonwealth of the United States or a New Mexico Indian nation, tribe or pueblo.


B. Reciprocal limit: A reciprocal participant may collectively possess within any three-month period a quantity of usable cannabis no greater than 230 total units. For purposes of department rules, this quantity is deemed the reciprocal limit. (For ease of reference: 230 units is equivalent to 230 grams, or approximately eight ounces, of dried usable cannabis plant material).


C. Registration; verification; tracking: A licensed non-profit producer shall require the submittal of a reciprocal participant’s contact information for registration purposes, to include the individual’s full name, date of birth, mailing address, and the enrollment number specified in the individual’s medical cannabis program enrollment card (if applicable); and shall record that information in an electronic tracking system specified by the department. The licensed non-profit producer shall confirm the accuracy of a reciprocal participant’s contact information prior to each transaction. A licensed non-profit producer that registers a reciprocal participant or that sells or transfers cannabis or a cannabis product to a reciprocal participant shall first verify the reciprocal participant’s identity by viewing the individual’s proof of authorization from the other state, territory or tribe, and also viewing the reciprocal participant’s government-issued photo identification card. A licensed non-profit producer that sells or otherwise transfers cannabis or a cannabis product to a reciprocal participant shall track the sale or transfer using an electronic system specified for that purpose by the department.


D. Refusal of service: A non-profit producer that reasonably suspects that either a person’s proof of authorization or identification card is falsified may refuse to dispense cannabis to cannabis to that individual.


E. Informational materials: At the time of a sale or transfer of cannabis to a reciprocal participant, a non-profit producer shall provide informational materials to the reciprocal participant that include, at a minimum, a notice of the time and quantity limits for reciprocity under this section, and a notice concerning state and federal prohibitions against the transport of cannabis across state and international boundaries.
 
[7.34.4.30 NMAC - N, 02/25/2020]
New Mexico Register / Volume XXXI, Issue 4 / February 25, 2020
http://164.64.110.134/nmac/nmregister/xxxi/7.34.4amend.html


Medical Cannabis Program NewsOn February 20, 2020, the Governor of the State of New Mexico, Michelle Lujan Grisham signed Senate Bill 139 which requires patients to be residents of New Mexico. The Medical Cannabis Program requires a State of New Mexico issued Driver License or ID to be included with their application.
Please watch the program website for additional information. The press release is listed below:
Governor signs Senate Bill 139
Gov. Michelle Lujan Grisham on Thursday afternoon signed Senate Bill 139, ensuring New Mexico’s medical cannabis program is reserved for New Mexico residents and reciprocal patients enrolled in out-of-state programs, as was the intention of legislation approved in 2019.

Senate Bill 139, sponsored by Sen. Gerald Ortiz y Pino, corrected a drafting error in the 2019 update of New Mexico’s medical cannabis law, the Lynn and Erin Compassionate Use Act.

Senate Bill 139 restores the original definition of a “qualified patient" as a “resident of New Mexico.” Reciprocal patients who have enrolled in medical cannabis programs of other U.S. states are also eligible to participate.

The law takes effect immediately. Out-of-state residents who applied for and received access to New Mexico’s medical cannabis program in the last year will not be able to renew their cards upon their expiration.
https://nmhealth.org/news/awareness/2020/2/?view=836



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