Becoming a Patient in New Mexico

Summary

An approved New Mexico patient may legally possess marijuana for medicinal purposes. A patient can also apply for a production license, which would allow the patient to grow their own medicine. A patient may designate a caregiver for assistance. The state issues IDs for both patients and caregivers.

What's Legal

As a patient, you and your caregiver may collectively possess up to a three month "adequate supply." A three month adequate supply is defined to be no more than 230 units of usable marijuana. A unit is 1 gram of dried flowers or an equivalent amount of concentrate other forms of medical cannabis.  If you need more than this amount, your doctor should include this in your recommendation.

Eligible Conditions

  • cancer
  • glaucoma
  • multiple sclerosis
  • epilepsy
  • HIV/AIDS
  • under hospice care
  • 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)
  • damage to the nervous tissue of the spinal cord with intractable spasticity
  • inflammatory autoimmune-mediated arthritis
  • any other condition approved by the Department of Health

Application Process

Your doctor must certify that you have an eligible condition, that the condition is debilitating and cannot be helped by standard treatments, and that the benefits of medical cannabis usage outweigh the detriments. This recommendation may need to be accompanied by further proof of your debilitating medical condition depending on the condition. For example, for chronic pain you need objective proof of severe chronic pain such as X-rays, CT scans, and MRIs and you must receive two recommendations, one from your primary care physician and one from a specialist.

Recommendations must be submitted to the New Mexico department of health along with a completed application. Application forms are available at http://nmhealth.org/about/mcp/svcs/ or can be acquired by calling (505) 827-2321.

Doctor

Any medical doctor (MD), doctor of osteopathy (DO) or nurse practitioner who can prescribe medicine in New Mexico can write a referral for the Medical Cannabis Program.

Access/ Caregivers/ Producers

Caregivers are allowed to assist patients with growing their medicine as long as they follow the terms specified in the patient's application for a production license. Registered caregivers are issued cards that protect them from arrest and prosecution for the possession of medical cannabis under New Mexico law. All caregiver applicants are required to undergo background checks before they are approved.

There is also an application process for producers. Medical marijuana producers must operate on a strictly non-profit basis and follow state regulations.

Consumption

Do not use marijuana in public, on school grounds, or at work.

Confidentiality

Patient and primary caregiver information is confidential. The program will only share information with state or local law enforcement agencies to verify that a patient or primary caregiver can legally have and use medical cannabis.

Housing

There are no housing protections for patients Landlords are not required to accommodate the use of medical cannabis.

Employment

There are no employment protections for patients. Employers are not required to accommodate the use of medical cannabis.

Insurance

The law does not require health insurance to cover medical cannabis expenses.

Out of State patients

New Mexico does not offer legal protections for out of state patients.

For More information

New Mexico DPH forms page