New Mexico Legal Information
In March 2007, the New Mexico legislature passed SB 523, "The Lynn and Erin Compassionate Use Act." The law allowed patients and their caregivers to collectively possess up to six ounces of usable cannabis and, after obtaining a separate permit, cultivate up to four mature plants and 12 seedlings. The Department of Health (DOH) overseas the rules and regulations for patient and caregiver ID’s, Personal Production License (PPL) for patients or caregivers to grow medical cannabis for personal use and Licensed Non-Profit Producers (LNPP). Today 35 licensed nonprofit producers server medical cannabis patients.
DOH has updated the regulations several times to expand plant numbers and clarify requirements. New Mexico’s medical cannabis program includes a Medical Advisory Board that can approve new qualifying conditions and was the first to approve PTSD. The board also removed restrictions on chronic pain patients from qualifying for the program. In 2016, DOH extended the expiration date for many patients so that they could improve their ability to turn around patient applications more quickly.
In This Section
The New Mexico legislature passed the state’s medical cannabis law March 13, 2007 as Senate Bill 523, "The Lynn and Erin Compassionate Use Act," by a vote of 36-31 in the House and 32-3 in the Senate. The law was signed by then-Governor Bill Richardson on April 2 and went into effect July 1, 2007.
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.
Medical professionals recommending medical cannabis must be medical personnel licensed in New Mexico to prescribe and administer drugs that are subject to the Controlled Substance Act this includes MDs , DOs and nurse practitioners that have a primary practice in New Mexico.
Unfortunately, patients, caregivers, and providers are still vulnerable to federal and state arrests, prosecutions, and incarceration. They also suffer pervasive discrimination in employment, child custody, housing, public accommodation, education and medical care.