Proposed 2019 NM Legislation: An Act Relating to Amending LECUA, 2007


Bill Summary:
The 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.


AN ACT
RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE;
AMENDING THE LYNN AND ERIN COMPASSIONATE USE ACT; EXEMPTING
CERTAIN APPROVED ENTITIES AND EMPLOYEES AND AGENTS FROM
CRIMINAL AND CIVIL LIABILITY; ALLOWING THE DEPARTMENT OF
HEALTH TO EXTEND THE ENROLLMENT OF A QUALIFIED PARTICIPANT;
REQUIRING THE DEPARTMENT OF HEALTH TO ENTER INTO INTERGOVERNMENTAL AGREEMENTS WITH NEW MEXICO INDIAN NATIONS, TRIBES AND PUEBLOS THAT PARTICIPATE IN THE STATE'S MEDICAL CANNABIS PROGRAM;AMENDING A SECTION OF THE JONATHAN SPRADLING REVISED UNIFORM ANATOMICAL GIFT ACT; ENACTING A NEW SECTION OF THE NMSA 1978
TO REMOVE PARTICIPATION IN THE STATE'S MEDICAL CANNABIS
PROGRAM AS GROUNDS FOR CHILD PROTECTIVE SERVICES
INTERVENTION; DECLARING AN EMERGENCY.


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 24-6B-11 NMSA 1978 (being Laws 2007, Chapter 323, Section 11) is amended to read:

"24-6B-11. PERSONS THAT MAY RECEIVE ANATOMICAL GIFT--
PURPOSE OF ANATOMICAL GIFT.--
A. An anatomical gift may be made to the following
persons named in the document of gift:
(1) a hospital; accredited medical school, dental school, college or university; organ procurement organization; or other appropriate person, for research or
education;
(2) subject to the provisions of Subsection B of this section, an individual designated by the person making the anatomical gift if the individual is the recipient of the part; and
(3) an eye bank or tissue bank.

B. If an anatomical gift to an individual pursuant to Paragraph (2) of Subsection A of this section cannot be transplanted into the individual, the part passes in accordance with Subsection G of this section in the absence of an express, contrary indication by the person making the anatomical gift.
C. If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in Subsection A of this section but identifies the purpose for which an anatomical gift may be used, the following rules apply:

(1) if the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank;
(2) if the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank;
(3) if the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as
custodian of the organ; and
(4) if the part is an organ, an eye or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.
D. For the purpose of Subsection C of this section, if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift shall be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.
E. If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in Subsection A of this section and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with Subsection G of this section.
F. If a document of gift specifies only a general intent to make an anatomical gift by words such as "donor", "organ donor" or "body donor", or by a symbol or statement of similar import, the gift may be used only for transplantation
or therapy and the gift passes in accordance with Subsection G of this section.
G. For purposes of Subsections B, E and F of this
section the following rules apply:
(1) if the part is an eye, the gift passes to the appropriate eye bank;
(2) if the part is tissue, the gift passes to the appropriate tissue bank; and

(3) if the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.
H. An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift pursuant to Paragraph (2) of Subsection A of this section,
passes to the organ procurement organization as custodian of the organ.
I. If an anatomical gift does not pass pursuant to Subsections A through H of this section or the decedent's body or part is not used for transplantation, therapy, research or education, custody of the body or part passes to the person under obligation to dispose of the body or part.
J. A person may not accept an anatomical gift if the person knows that the gift was not effectively made pursuant to Section 24-6B-5 or 24-6B-10 NMSA 1978 or if the person knows that the decedent made a refusal pursuant to
Section 24-6B-7 NMSA 1978 that was not revoked. For purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.
K. Except as otherwise provided in Paragraph (2) of Subsection A of this section, nothing in the Jonathan Spradling Revised Uniform Anatomical Gift Act affects the allocation of organs for transplantation or therapy.
L. 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 refusing to allow that individual to receive an anatomical gift."

SECTION 2. Section 26-2B-1 NMSA 1978 (being Laws 2007, Chapter 210, Section 1) is amended to read:
"26-2B-1. SHORT TITLE.-- Chapter 26, Article 2B NMSA 1978 may be cited as the "Lynn and Erin Compassionate Use Act" in honor of Lynn Pierson and Erin Armstrong."

“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.”

SECTION 3. Section 26-2B-3 NMSA 1978 (being Laws 2007, Chapter 210, Section 3) is amended to read:

"26-2B-3. DEFINITIONS.--As used in the Lynn and Erin Compassionate Use Act:
A. "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 medical cannabis advisory board and the department to be no more than reasonably necessary to ensure the uninterrupted availability of cannabis for a period of three months in accordance with Sections 5 and 6 of this 2018 act and that is derived solely from an intrastate source;
B. "approved entity" means a laboratory, manufacturer or other entity that the department has approved for participation in the medical cannabis program;
C. "approved laboratory" means a laboratory that has been approved by the department specifically for the testing of cannabis, concentrates and cannabis-derived products;
D. "approved manufacturer" means a business entity that has been approved by the department to manufacture cannabis-derived products;
E. "cannabis" means all parts of the plants Cannabis sativa and Cannabis indica, whether growing or not, and the resin extracted from any part of the plant;
F. "cannabis-derived product" means a product, other than cannabis itself, that contains or is derived from cannabis, not including hemp;
G. "census" means a total number of currently enrolled qualified patients;
H. "chronic condition" means a condition that, in the opinion of a patient's practitioner, lasts or is expected to last three months or longer;
I. "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) amyotrophic lateral sclerosis;
(9) Crohn's disease;
(10) hepatitis C infection, for which the applicant or qualified patient is currently receiving antiviral treatment;
(11) Huntington's disease;
(12) inclusion body myositis;
(13) inflammatory autoimmune-mediated arthritis;
(14) painful peripheral neuropathy;
(15) Parkinson's disease;
(16) posttraumatic stress disorder;
(17) severe chronic pain;
(18) severe anorexia or cachexia;
(19) spasmodic torticollis;
(20) ulcerative colitis;
(21) substance use disorder, for which the applicant or qualified patient is currently undergoing treatment for the applicant's or qualified patient's condition; or
(22) 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;
J. "contractor" means a person that contracts to provide services or supplies and that:
(1) works or is anticipated to work on a premises used for the production, manufacture or distribution of cannabis in any form; or
(2) may reasonably be anticipated to come into contact with cannabis, in any form, in the performance of the person's work;
K. "department" means the department of health;
L. "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;
M. "practitioner" means a person licensed in New Mexico to prescribe and administer drugs that are subject to the Controlled Substances Act;
N. "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;
O. "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] issued a registry identification card
[issued] pursuant to the Lynn and Erin Compassionate Use Act [and] on the basis of:
(1) having been diagnosed by a practitioner as having a debilitating medical condition; or
(2) status as a veteran;
P. "personal production license" means a license issued to a qualified patient or to a qualified patient's primary caregiver participating in the medical cannabis program to permit the qualified patient or the qualified patient's primary caregiver to produce medical cannabis for the qualified patient's use in accordance with the provisions of the Lynn and Erin Compassionate Use Act and department rules;
Q. "registry identification card" means a document that the department issues:
(1) 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
(2) to a primary caregiver that identifies the bearer as a primary caregiver authorized to engage in the intrastate possession, cultivation and administration of cannabis for the sole use of a qualified patient who is identified on the document;
R. "THC" means tetrahydrocannabinol, a substance that is the primary psychoactive ingredient in cannabis;
S. "veteran" means a person who served in the uniformed services, who was discharged or released from the uniformed services and who submits a copy of the person's United States department of defense form 214, also known as "DD 214", discharge papers and separation document or equivalent report of separation to the department; and
T. "written certification" means a statement in a patient's medical records or a statement 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 [A written certification is not valid for more than three (3) years from the date of issuance]."

SECTION 4. Section 26-2B-4 NMSA 1978 (being Laws 2007, Chapter 210, Section 4) is amended to read:
"26-2B-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.
C. Subsection A of this section shall not apply to a qualified patient under the age of eighteen years, unless:
(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. An approved entity, or a department employee or agent, shall not be subject to arrest, prosecution or penalty, in any manner, for the possession of cannabis, or for such other activity, as may be permitted by department rule pursuant to the Lynn and Erin Compassionate Use Act.
H. 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.
I. 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."
J. [MEDICAL CANNABIS PROGRAM--REMOVAL OF CHILDREN--FAMILY SERVICES INTERVENTION.]--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:
A. removal and placement into state custody of a child in that individual's care pursuant to the Abuse and Neglect Act; or
B. the provision of state prevention, diversion or intervention services to that individual's family pursuant to the Family Services Act.
K. 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 Inclusion Of A New Medical Treatment: Pediatric Oncology And Cannabis Use for Antiemetic In State Hospitals.

Section 5. PROHIBITIONS, RESTRICTIONS AND LIMITATIONS ON THE MEDICAL USE OF CANNABIS--CRIMINAL PENALTIES.
A. Participation in a medical use of cannabis program by a qualified patient or primary caregiver does not relieve the qualified patient or primary caregiver from:
(1) criminal prosecution or civil penalties for activities not authorized in the Lynn and Erin Compassionate Use Act;
(2) liability for damages or criminal prosecution arising out of the operation of a vehicle while under the influence of cannabis; or
(3) criminal prosecution or civil penalty for possession or use of cannabis:
(a) in a school bus or public vehicle;
(b) on school grounds or property;
(c) in the workplace of the qualified patient's or primary caregiver's employment; or
(d) at a public park, recreation center, youth center or other public place.
B. A person who makes a fraudulent representation to a law enforcement officer about the person's participation in a medical use of cannabis program to avoid arrest or prosecution for a cannabis-related offense is guilty of a petty misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
C. If a licensed producer sells, distributes, dispenses or transfers cannabis to a person not approved by the department pursuant to the Lynn and Erin Compassionate Use Act or obtains or transports cannabis outside New Mexico in violation of federal law, the licensed producer shall be subject to arrest, prosecution and civil or criminal penalties pursuant to state law.

SECTION 6. “ADVISORY BOARD CREATED--DUTIES”
I. The secretary of health shall establish an advisory board consisting of 13 members. Eight 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. The secretary of health shall establish an advisory board consisting of; one member who is a representative of the New Mexico department of agriculture; at least one person who possesses a qualifying patient's registry identification card; at least one person who is a designated primary caregiver of one or more qualifying patients; at least one person who is an officer, board member, or other responsible party for a licensed medical cannabis dispensing facility; and at least one qualifying patient who is either a Armed Forces Veteran or prior Law Enforcement/Fire/EMT Veteran status.

The eight practitioners members shall be chosen for appointment by the secretary from a list proposed by the New Mexico medical society. The five new members shall be chosen for appointment by the secretary thru a department application process. A quorum of the advisory board shall consist of 5 members.”

A. review and recommend to the department for approval additional debilitating medical conditions that would benefit from the medical use of cannabis;

B. accept and review petitions to add medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the medical use of cannabis;

C. convene at least 4 (four) times per year, at times and places specified by the Director to be feasible for the patient community and public to attend, providing a 60 day (sixty day) public notice; per year to conduct public hearings and to evaluate petitions, which shall be maintained as confidential personal health information, to add medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the medical use of cannabis;

D. issue recommendations concerning rules to be promulgated for the issuance of the registry identification cards; and

E. recommend quantities of cannabis that are necessary to constitute an adequate supply for qualified patients and primary caregivers.

F. the Department shall provide staff support to the committee.”

G. all agencies of state government are directed to assist the Committee in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish information and advice that the members of the committee consider necessary to perform their duties.”

H. Medical Cannabis Advisory Board made to have final authority of duties outline here in,LECUA, 2007. Given ¾ majority vote by the MCAB to overrule the Secretary if a tie.

II. A new section of the Lynn and Erin Compassionate Use Act is enacted to read:
"[NEW MATERIAL] ADEQUATE SUPPLY.”--
A. The department shall not limit the amount of THC concentration in a cannabis-derived product.
B. A qualified patient who does not have a personal production license or a primary caregiver shall possess no more than five ounces of cannabis.
C. Personal Production Licenses and Collectives

(1) A qualified patient who has a personal production license shall possess no more than eighteen medical cannabis plants; provided that a qualified patient who has a personal production license may possess that qualified patient's entire harvest of cannabis.

(2) Establishment of Patient Run Cooperative/Collective’s or “Licensed Personal Patient Collectives (LPPC)”;

The addition of Cooperative/Collective PPL’s
The Department shall issue a individual cultivation registration to a qualifying patient or their personal caregiver. No more than 4 qualified patients may collectively cultivate 80 cannabis plants, and each participating patient must obtain a collective cultivation registration. The Department may deny a registration based on the provision of false information by the applicant. Such registration shall allow the qualifying patient or their personal caregiver to cultivate an area of limited square footage of plant canopy, sufficient to maintain a 90-day supply of cannabis, and shall require cultivation and storage only in a restricted access area.
A qualifying patient or personal caregiver shall not be considered to be in possession of more than a 90-day supply at the location of a restricted access area used collectively by more than one patient, so long as the total amount of cannabis within the restricted access area is not more than a 90-supply for all the participating qualifying patients. A copy of each qualifying patient’s written recommendation shall be retained at the shared cultivation facility.

(2) Qualified patients shall provide the following in order to be considered for a personal production license to produce medical cannabis:
a. a description of the single indoor or outdoor location that shall be used in the production of cannabis;
b. a written plan that ensures that the cannabis production shall not be visible from the street or other public areas;

c. a written acknowledgement that the applicant will ensure that all cannabis, cannabis-derived products and paraphernalia is accessible only by the applicant, collective members and/or their primary caregiver (if any), and kept secure and out of reach of children;

d. a description of any device or series of devices that shall be used to provide security and proof of the secure grounds; and
e. a written acknowledgement of the limitations of the right to use and possess cannabis for medical purposes in New Mexico.

D. Plant Count that is based on ratio of patients to serve and inclusion of empirical data for varying amounts cannabis plant material needed to manufacture different forms of medical cannabis medicine. In accordance with census numbers published in accordance with Subsection H of Section 26-2B-7 NMSA 1978, a licensed producer shall possess no more than the following amounts:

(1) when the current census is sixty thousand qualified patients, a licensed producer shall possess no more than seven hundred cannabis plants;
(2) when the current census is seventy thousand qualified patients, a licensed producer shall possess no more than eight hundred cannabis plants;
(3) when the current census is eighty thousand qualified patients, a licensed producer shall possess no more than nine hundred cannabis plants;
(4) when the current census is ninety thousand qualified patients, a licensed producer shall possess no more than one thousand cannabis plants; and
(5) when the current census is ninety-five thousand qualified patients, and for every census increase of five thousand qualified patients, the department shall increase the total allowable plant count by one hundred additional cannabis plants.
(6) to meet adequate supply, the department is to open up and accepting producer applications under newly created rules that would have 3 different licensing options to focus on areas of the state needing safe access. The Medical Cannabis Program officials can create 3 different licensing options to include:

A Licensed Producer to operate only as a grow facility for distribution to dispensaries.

A Licensed Producer to operate only as a dispensary for distribution to patients.

A LNPP to operate both as a grow facility and licensed for to operate dispensaries - with a limit of 3 store fronts per this type of license.

In addition to reducing current and new licensing fee’s.

E. After a plant count has been increased in accordance with the provisions of Subsection D of this section, the department shall not reduce a licensed producer's allowable plant count even in the event of a decrease in the census of qualified patients."

F. Medical Cannabis Advisory Board to create rules and regulations for Inclusion Of A New Medical Treatment: Pediatric Oncology And Cannabis Use for Antiemetic In State Hospitals.

SECTION 7. Section 26-2B-7 NMSA 1978 (being Laws 2007, Chapter 210, Section 7) is amended to read: "26-2B-7. REGISTRY IDENTIFICATION CARDS--DEPARTMENT RULES--DUTIES--NONRESIDENT RECIPROCITY--CENSUS POSTING.-- INDIAN NATIONS, TRIBES AND PUEBLOS--

"[NEW MATERIAL] REGISTRY IDENTIFICATION CARD-- PRESUMPTIVE ELIGIBILITY--REGISTRATION--RENEWAL--WRITTEN CERTIFICATION.”--The department shall require a qualified patient to re-apply for a registry identification card as follows:
A. The department shall presume eligible and issue, within twenty-four hours of receipt of application completed in accordance with Subsection B of this section and department rules, a registry identification card to any person who has a written certification for the debilitating health condition of hospice care, for a registry identification card. Within thirty days of receipt of an application, the department shall verify the information contained in an application submitted pursuant to Subsection B of this section [and shall approve or deny an application within thirty days of receipt]. The department may deny an application only if the applicant did not provide the information required pursuant to Subsection B of this section or if the department determines that the information provided is false. 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.

B. for a qualified patient who is a veteran or whose certification of a debilitating medical condition indicates that the patient's debilitating medical condition is a chronic condition, no sooner than three years from the date the patient's current registry identification card is issued; and

(1) PROVISION BY STATE TO THE DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE PROVIDERS OF RECOMMENDATIONS AND OPINIONS REGARDING VETERAN PARTICIPATION IN STATE MEDICAL CANNABIS PROGRAMS.

Notwithstanding any other provision of law, the department shall provide all Veterans Medical Providers in the state for authorization; information and conduct a seminar about the state’s medical cannabis program to physicians and other health care providers employed by the Department of Veterans Affairs to;

(a) provide recommendations and opinions to veterans who are residents of States with State medical cannabis programs regarding the participation of veterans in such State medical cannabis programs; and

(b) complete forms reflecting such recommendations and opinions.

C. for a qualified patient whose certification of a debilitating medical condition does not indicate that the patient's debilitating medical condition is a chronic condition, no sooner than three years from the date the patient's current registry identification card is issued; provided that, in order to remain eligible for participation in the medical cannabis program established pursuant to the Lynn and Erin Compassionate Use Act, a qualified patient whose debilitating medical condition is not a chronic condition shall
submit annually to the department a statement from the qualified patient's practitioner indicating that:
(1) the practitioner has examined the qualified patient during the preceding twelve 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."

C. After consultation with the medical cannabis advisory board, the department shall promulgate rules in accordance with the State Rules Act to implement the purpose of the Lynn and Erin Compassionate Use Act. The rules shall:
(1) govern the manner in which the department will consider applications for registry identification cards and for the renewal of identification cards for qualified patients and primary caregivers;
(2) define the amount of cannabis that is necessary to constitute an adequate supply, including amounts for topical treatments;
(3) identify criteria and set forth procedures for including additional medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the medical use of cannabis. Procedures shall include a petition process and shall allow for public comment and public hearings before the advisory board;
(4) set forth additional medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the medical use of cannabis as recommended by the advisory board;
(5) identify requirements for the licensure of producers and cannabis production facilities and set forth procedures to obtain licenses;
(6) develop a distribution system for medical cannabis that provides for:
(a) cannabis production facilities within New Mexico housed on secured grounds and operated by licensed producers; and
(b) distribution of medical cannabis to qualified patients or their primary caregivers to take place at locations that are designated by the department and that are not within three hundred feet of any school, church or
daycare center;
(7) determine additional duties and responsibilities of the advisory board; and
(8) be revised and updated as necessary.

D. The department may verify the information contained in an application submitted pursuant to Subsection B of this section and shall approve or deny an application within thirty days of receipt. The department may extend the enrollment of a qualified patient or primary caregiver if the department believes that the individual's enrollment might otherwise lapse as a result of a delay in the processing of the enrollment application. The department may deny an application only if the applicant did not provide the information required pursuant to Subsection B of this section or if the department determines that the information provided is false. 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.
E. The department shall issue a registry identification card within five days of approving an application, and a card shall expire two years after the date of issuance. A registry identification card shall contain:
(1) the name, address and date of birth of the qualified patient and primary caregiver, if any;
(2) the date of issuance and expiration date of the registry identification card; and
(3) other information that the department may require by rule.
F. A person who possesses a registry identification card shall notify the department of any change in the person's name, address, qualified patient's practitioner, qualified patient's primary caregiver or change in status of the qualified patient's debilitating medical condition within ten days of the change.
G. Possession of or application for a registry identification card shall not constitute probable cause or give rise to reasonable suspicion for a governmental agency to search the person or property of the person possessing or applying for the card.
H. The department shall maintain a confidential file containing the names and addresses of the persons who have either applied for or received a registry identification card. Individual names on the list shall be confidential and
not subject to disclosure, except:
(1) to authorized employees or agents of the department as necessary to perform the duties of the department pursuant to the provisions of the Lynn and Erin Compassionate Use Act;
(2) to authorized employees of state or local law enforcement agencies, but only for the purpose of verifying that a person is lawfully in possession of a registry identification card; or
(3) as provided in the federal Health Insurance Portability and Accountability Act of 1996.
I. The department shall promulgate rules to provide for reciprocity to enable nonresidents who qualify as medical cannabis patients in another state to participate in the medical cannabis program established pursuant to the Lynn and Erin Compassionate Use Act.

“(A) The (STATE) and the medical cannabis dispensing facilities in this State which hold valid medical cannabis establishment registration certificates will recognize a medical cannabis registry identification card issued by another state or the District of Columbia only under the following circumstances:

1. The state or jurisdiction from which the holder or bearer obtained the nonresident card grants an exemption from criminal prosecution for the medical use of cannabis;

2. The nonresident card has an expiration date and has not yet expired;

3. The holder or bearer of the nonresident card signs an affidavit in a form prescribed by the Department which sets forth that the holder or bearer is entitled to engage in the medical use of cannabis in his or her state or jurisdiction of residence; and

4. The holder or bearer of the nonresident card is in possession of no more than a 90-day supply of cannabis.

(B)  For the purposes of the reciprocity described in this section:

1. The amount of medical cannabis that the holder or bearer of a nonresident card is entitled to possess in his or her state or jurisdiction of residence is not relevant; and

2. Under no circumstances, while in this State, may the holder or bearer of a nonresident card possess cannabis for medical purposes in excess of a 90-day supply of cannabis.”

J. By July 1, 2018, January 1, 2019 and each January 1 thereafter, the department shall:
(1) publish on its website in a publicly accessible manner a current census of qualified patients; and

(2) notify all licensed producers of the current census of qualified patients."


II. "[NEW MATERIAL] LICENSED PRODUCERS--LICENSE FEES.--

A licensed producer shall submit to the department a nonrefundable license fee before beginning operations, no earlier than July 1 of each renewal year and no later than August 1 of each renewal year, of:
(1) thirty thousand dollars ($30,000) for the first one hundred fifty cannabis plants to be possessed by the licensed producer; and
(2) ten thousand dollars ($10,000) for each additional quantity of fifty plants in excess of the one hundred fifty plants to be possessed by the licensed producer.
B. Regardless of the number of cannabis plants that a licensed producer possesses, the department shall not charge any licensed producer more than ninety thousand dollars ($90,000) in licensure fees:

(1) before the licensed producer begins operations; or
(2) when the licensed producer renews its license each year."

III. "[NEW MATERIAL] INDIAN NATIONS, TRIBES AND PUEBLOS--

INTERGOVERNMENTAL AGREEMENTS.--

The department shall enter into an intergovernmental agreement with any sovereign Indian nation, tribe or pueblo located in New Mexico that elects to implement the provisions of the medical cannabis program established pursuant to the Lynn and Erin Compassionate Use Act. The intergovernmental agreement shall provide for:

A. any assistance from the department that an Indian nation, tribe or pueblo may request in implementing its own medical cannabis program within the boundaries of that nation, tribe or pueblo and that the department agrees to provide; and

B. guidelines for compliance with department rules or compliance with separate express provisions of the intergovernmental agreement to govern the rights and the responsibilities of the department and an Indian nation, tribe or pueblo when that Indian nation, tribe or pueblo transports or sells medical cannabis outside of the boundaries of that Indian nation, tribe or pueblo."

[Sections 8 -12 Unchanged From Current LECUA, 2007]

SECTION 8. Section 30-31-6 NMSA 1978 (being Laws 1972, Chapter 84, Section 6, as amended) is amended to read: "30-31-6. SCHEDULE I. The following controlled substances are included in Schedule I

A. any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, unless specifically exempted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:

(1) acetylmethadol; (2) allylprodine; (3) alphacetylmethadol; (4) alphameprodine; (5) alphamethadol; (6) benzethidine; (7) betacetylmethadol; (8) betameprodine; (9) betamethadol; (10) betaprodine; (11) clonitazene; (12) dextromoramide; (13) dextrorphan; (14) diampromide; (15) diethylthiambutene; (16) dimenoxadol; (17) dimepheptanol; (18) dimethylthiambutene; (19) dioxaphetyl butyrate; (20) dipipanone; (21) ethylmethylthiambutene; (22) etonitazene; (23) etoxeridine; (24) furethidine; (25) hydroxypethidine; (26) ketobemidone; (27) levomoramide; (28) levophenacylmorphan; (29) morpheridine; (30) noracymethadol; (31) norlevorphanol; (32) normethadone; (33) norpipanone; (34) phenadoxone; (35) phenampromide; (36) phenomorphan; (37) phenoperidine; (38) piritramide; (39) proheptazine; (40) properidine; (41) racemoramide; and (42) trimeperidine;

B. any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically exempted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

(1) acetorphine; (2) acetyldihydrocodeine; (3) benzylmorphine; (4) codeine methylbromide; (5) codeine-N-oxide; (6) cyprenorphine; (7) desomorphine; (8) dihydromorphine; (9) etorphine; (10) heroin; (11) hydromorphinol; (12) methyldesorphine; (13) methyldihydromorphine; (14) morphine methylbromide; (15) morphine methylsulfonate; (16) morphine-N-oxide; (17) myrophine; (18) nicocodeine; (19) nicomorphine; (20) normorphine; (21) pholcodine; and (22) thebacon;

C. any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically exempted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

(1) 3,4-methylenedioxy amphetamine; (2) 5-methoxy-3,4- methylenedioxy amphetamine; (3) 3,4,5-trimethoxy amphetamine; (4) bufotenine; (5) diethyltryptamine; (6) dimethyltryptamine; (7) 4-methyl-2,5-dimethoxy amphetamine; (8) ibogaine; (9) lysergic acid diethylamide; (10) marijuana; (11) mescaline; (12) peyote, except as otherwise provided in the Controlled Substances Act; (13) N-ethyl-3-piperidyl benzilate; (14) N-methyl-3-piperidyl benzilate; (15) psilocybin; (16) psilocyn; (17) tetrahydrocannabinols; and (18) hashish;

D. the enumeration of peyote as a controlled substance does not apply to the use of peyote in bona fide religious ceremonies by a bona fide religious organization, and members of the organization so using peyote are exempt from registration. Any person who manufactures peyote for or distributes peyote to the organization or its members shall comply with the federal Comprehensive Drug Abuse Prevention and Control Act of 1970 and all other requirements of law;

E. the enumeration of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol as Schedule I controlled substances does not apply to the use of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol by certified patients pursuant to the Controlled Substances Therapeutic Research Act or by qualified patients pursuant to the provisions of the Lynn and Erin Compassionate Use Act; and

F. controlled substances added to Schedule I by rule adopted by the board pursuant to Section 30-31-3 NMSA 1978."

Section 9. Section 30-31-7 NMSA 1978 (being Laws 1972, Chapter 84, Section 7, as amended) is amended to read: "30-31-7.

SCHEDULE II.

A. The following controlled substances are included in Schedule II: (1) any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:

(a) opium and opiate, and any salt, compound, derivative or preparation of opium or opiate; (b) any salt, compound, isomer, derivative or preparation thereof that is chemically equivalent or identical with any of the substances referred to in Subparagraph (a) of this paragraph, but not including the isoquinoline alkaloids of opium; (c) opium poppy and poppy straw; (d) coca leaves and any salt, compound, derivative or preparation of coca leaves, and any salt, compound, derivative or preparation thereof that is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions that do not contain cocaine or ecgonine; (e) marijuana, but only for the use by certified patients pursuant to the Controlled Substances Therapeutic Research Act or by qualified patients pursuant to the provisions of the Lynn and Erin Compassionate Use Act; and (f) tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol, but only for the use by certified patients pursuant to the Controlled Substances Therapeutic Research Act or by qualified patients pursuant to the provisions of the Lynn and Erin Compassionate Use Act. Marijuana, tetrahydrocannobinols or chemical derivatives of tetrahydrocannabinol shall be considered Schedule II controlled substances only for the purposes enumerated in the Controlled Substances Therapeutic Research Act or the Lynn and Erin Compassionate Use Act;

(2) any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:

(a) alphaprodine; (b) anileridine; (c) bezitramide; (d) dihydrocodeine; (e) diphenoxylate; (f) fentanyl; (g) hydromorphone; (h) isomethadone; (i) levomethorphan; (j) levorphanol; (k) meperidine; (l) metazocine; (m) methadone; (n) methadone--intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane; (o) moramide--intermediate, 2-methyl-3-morpholino-1, 1- diphenyl-propane-carboxylic acid; (p) oxycodone; (q) pethidine; (r) pethidine--intermediate--A, 4-cyano-1-methyl-4- phenylpiperidine; (s) pethidine-- intermediate--B, ethyl-4-phenylpiperidine-4- carboxylate; (t) pethidine-- intermediate--C, 1-methyl-4- phenylpiperidine-4- carboxylic acid; (u) phenazocine; (v) piminodine; (w) racemethorph an; and (x) racemorphan;

(3) unless listed in another schedule, any material, compound, mixture or preparation that contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system: (a) amphetamine, its salts, optical isomers and salts of its optical isomers; (b) phenmetrazine and its salts; (c) methamphetamine, its salts, isomers and salts of isomers; and (d) methylphenidate; and

(4) controlled substances added to Schedule II by rule adopted by the board pursuant to Section 30-31-3 NMSA 1978. B. Where methadone is prescribed, administered or dispensed by a practitioner of a drug abuse rehabilitation program while acting in the course of the practitioner's professional practice, or otherwise lawfully obtained or possessed by a person, such person shall not possess such methadone beyond the date stamped or typed on the label of the container of the methadone, nor shall any person possess methadone except in the container in which it was originally administered or dispensed to such person, and such container shall include a label showing the name of the prescribing physician or practitioner, the identity of methadone, the name of the ultimate user, the date when the methadone is to be administered to or used or consumed by the named ultimate user shown on the label and a warning on the label of the methadone container that the ultimate user must use, consume or administer to the ultimate user the methadone in such container. Any person who violates this subsection is guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years, or by a fine of up to five thousand dollars ($5,000), or both."

Section 10. TEMPORARY PROVISION.
A. During the period between July 1, 2007 and thirty days after the effective date of rules promulgated by the department of health pursuant to Subsection A of Section 7 of the Lynn and Erin Compassionate Use Act, a person who would be eligible to participate in the medical use of cannabis program as a qualified patient, but for the lack of effective rules concerning registry identification cards, licensed producers, cannabis production facilities, distribution system and adequate supply, may obtain a written certification from a practitioner and upon presentation of that certification to the department of health, the department shall issue a temporary certification for participation in the program. The department of health shall maintain a list of all temporary certificates issued pursuant to this section.

B. A person possessing a temporary certificate and the person's primary caregiver are not subject to arrest, prosecution, civil or criminal penalty or denial of any right or privilege for possessing cannabis if the amount of cannabis possessed collectively is not more than the amount that is specified on the temporary certificate issued by the department of health.

C. 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 on or after July 1, 2007.

Section 11. SEVERABILITY.
If any part or application of the Lynn and Erin Compassionate Use Act is held invalid, the remainder or its application to other situations or persons shall not be affected. Failure to promulgate rules or implement any provision of the Lynn and Erin Compassionate Use Act shall not interfere with the remaining protections provided by that act.

Section 12. EFFECTIVE DATE.
The effective date of the provisions of this act is July 1, 2007.

[Sections 8 -12 Unchanged From Current LECUA, 2007]

SECTION 13. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect Immediately.



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