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Asiento asignado por el Registro Nacional de Asociaciones Español: Grupo 1º, Sección 1ª, Numero 600121 - NIF: G76556646 ...

New Mexico Medical Marijuana

SUMMARY: Governor Bill Richardson signed Senate Bill 523, "Lynn and Erin Compassionate Use Act," into law on April 2, 2007. The new law took effect on July 1, 2007. The law mandates the state Department of Health by October 1, 2007, to promulgate rules governing the use and distribution of medical cannabis to state-authorized patients. These rules shall address the creation of state-licensed "cannabis production facilities," the development of a confidential patient registry and a state-authorized marijuana distribution system, and "define the amount of cannabis that is necessary to constitute an adequate supply" for qualified patients.

The medical use provisions in New Mexico do not include reciprocity provisions protecting visitors from other medical use states.

AMENDMENTS: Yes. In January 2009, the New Mexico Department of Health finalized rules governing the production, distribution, and use of medicinal cannabis under state law. Patients registered with the state Department of Health and who are diagnosed with the following illnesses are afforded legal protection under these rules:

  • Arthritis

  • 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

  • Multiple sclerosis

  • Damage to the nervous tissue of the spinal cord with intractable spasticity

  • Epilepsy

  • HIV/AIDS

  • Hospice patients

Other conditions are subject to approval by the Department of Health. Patients may legally possess six ounces of medical cannabis (or more if authorized by their physician) and/or 16 plants (four mature, 12 immature) under this act.

State regulations also authorize non-profit facilities to apply with the state to produce and dispense medical cannabis. State licensed producers may grow up to 95 mature plants at one time. (UPDATE! The New Mexico Department of Health finalized revised regulations in December 2010 increasing the number of plants that may be produced at one time from 95 to 150. The updated regulations also allow licensed producers to obtain plants, seeds, and/or usable cannabis from other non-profit producers. The licensing fee for producers is: $5,000 for producers licensed less than one year, $10,000 for more than one year, $20,000 for more than two years and $30,000 for more than three years. For further information, please see: http://nmhealth.org/idb/medical_cannabis.shtml)

MEDICAL MARIJUANA STATUTES: Lynn and Erin Compassionate Use Act, N.M. Stat. Ann. § 30-31C-1 (2007).

CAREGIVERS: Yes. Primary caregiver is designated by patient’s practitioner as necessary to take responsibility for managing the well-being of a qualified patient with respect to the medical use of cannabis. Primary caregiver must be a resident of New Mexico. The caregiver must be 18 years of age or older. N.M. Stat. Ann. §26-2B-3(F) (2007).

CONTACT INFORMATION: Please contact the Medical Cannabis Program Coordinator at (505) 827-2321 or medical.cannabis@state.nm.us or visit www.nmhealth.org/marijuanahtml for more information. 

New Mexico Penalties


Incarceration


Fine

Possession

1 oz or less (first offense)

misdemeanor

15 days

$50 - $100

1 oz or less (subsequent offense)

misdemeanor

1 year

$100 - $1,000

1 to 8 oz

misdemeanor

1 year

$100 - $1,000

8 oz or more

felony

18 months

$5,000

Sale or Cultivation

100 lbs or less (first offense)

felony

18 months

$5,000

100 lbs or less (subsequent offense)

felony

3 years

$5,000

More than 100 lbs (first offense)

felony

3 years

$5,000

More than 100 lbs (subsequent offense)

felony

9 years

$10,000

Sale to a minor (first offense)

felony

3 years

$5,000

Sale to a minor (subsequent offense)

felony

9 years

$10,000

100 lbs or less within a drug-free school zone (first offense)

felony

3 years

$5,000

100 lbs or less within a drug-free school zone (subsequent offense)

felony

9 years

$10,000

More than 100 lbs within a drug-free school zone (first offense)

felony

9 years

$10,000

More than 100 lbs within a drug-free school zone (subsequent offense)

felony

18 years

$15,000

Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

Paraphernalia possession

misdemeanor

1 year

$50 - $100

Paraphernalia sale

misdemeanor

1 year

$1,000

Paraphernalia sale to a minor 3 or more years younger than seller

felony

18 months

$5,000

 

Details

 

Possession of one ounce or less of marijuana is a petty misdemeanor, punishable by up to 15 days in jail and a fine of $50 - $100 for the first offense. For subsequent offenses, the penalty increases to a possible one year in jail and a fine of $100 - $1,000. Possession of greater than one ounce is punishable by up to one year in jail and a fine of $100 - $1,000. For possession of eight ounces or greater, the penalty increases to up to 18 months in jail and a fine up to $5,000.

For a first offense, manufacture or distribution of 100 pounds or less of marijuana is punishable by up to 18 months in prison and a fine up to $5,000 For subsequent offenses, the penalty increases to a possible three years in prison and a fine up to $5,000. For amounts greater than 100 pounds the penalty can be up to three years in prison and a fine up to $5,000. For subsequent offenses, the penalty increases to a possible nine years in prison and a fine up to $10,000.

Distribution to a minor is punishable by up to three years in prison and a fine up to $5,000 for the first offense and up to nine years in prison and a fine up to $10,000 for subsequent offenses.

Distribution of 100 pounds or less within a drug-free school zone is punishable by up to three years in prison and a fine up to $5,000 for the first offense and up to nine years in prison and a fine up to $10,000 for subsequent offenses. For distribution of greater than 100 pounds within a drug-free school zone, the penalty increases to up to nine years in prison and a fine up to $10,000 for the first offense and up to 18 years in prison and a fine up to $15,000 for subsequent offenses.

Possession of paraphernalia is punishable by up to one year in jail and a fine of $50 - $100. Delivery of paraphernalia is punishable by up to one year in jail and a fine up to $1,000 unless the delivery was to a minor at least three years younger than the offender, in which case the penalty increases to a possible 18 months in jail and a fine up to $5,000.



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