Becoming a Patient in New Mexico

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.

A qualified patient who holds a personal production license is authorized to possess no more than four mature female plants and a combined total of 12 seedlings and male plants, and may possess no more than an adequate supply (3-month) of usable cannabis as specified the department rule.  (7.34.4.8 NMAC- RP)

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 presumed to be no more than eight ounces of dried, usable cannabis plant material (230 units, which is the equivalent of 203 grams, per the rules). 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
  • spasmodic torticollis (cervical dystonia)
  • inclusion body myositis
  • Parkinson’s disease
  • Huntington’s disease
  • ulcerative colitis
  • 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 the potential risks and benefits of the use of medical cannabis for the condition have been discussed with the patient. 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.  All cannabis and cannabis-derived products that are purchased from a license non-profit producer shall remain in the package or container provided by the non-profit entity when not in use.

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.

Other

The Department of Health may perform an onsite assessment of a qualified patient or primary caregiver to confirm compliance with the rules.  The department may enter the premises on 24 hours’ notice (unless the department has a reasonable suspicion to believe that providing notice will result in the destruction of evidence or that providing notice will impede the department’s ability to enforce the rules and regulations, in which case no notice need be given).