New Mexico Cannabis Laws & Penalties

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By Monique Chavez

Volume 6 Issue 4

Medical Cannabis

New Mexico was the 12th state to enact medical cannabis laws with the Lynn and Erin Compassionate Use Act in 2007. New Mexico was the first state to implement a Medical Cannabis Program through a regulatory agency, the Department of Health. This is due to modern research and studies that are proving the efficacy of cannabis as a valuable aid in the treatment of a wide range of clinical applications, including pain relief, nausea, spasticity, glaucoma, and movement disorders. Cannabis studies have proven that it can be used as an appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. New Mexico currently qualifies patients for its Medical Cannabis Program under 21 qualifying conditions.

All officers, employees, approved contractors of a licensed producer, approved manufacturer, approved courier, approved laboratories, and all qualified patient licensed as a producer or enrolled primary caregiver, are not subject to arrest, prosecution, or penalty in any manner for the production, possession, distribution or dispension of cannabis in accordance with the Lynn and Erin Compassionate Use Act. Additionally, state or local law enforcement cannot harm, neglect, injure, or destroy any property interest that is possessed, owned, or used in connection with the production of cannabis or acts incidental to such production.

Qualified patients under the Medical Cannabis Program are allowed possession of no more than 230 units (approximately eight ounces) over a three-month period from a Licensed Non-Profit Producer. Patients are also allowed to possess any paraphernalia in connection with the use of their medical cannabis. One unit is equivalent to one gram of flower, or 0.2g (200 mg) of a concentrate.

Driving Under the Influence

New Mexico has a driving under the influence law that is firmly enforced. In concrete, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold.

Hemp

On April 25, 2018, the New Mexico Supreme Court overturned the previous veto of Senate Bill 6 (Industrial Hemp Research Rules) by Governor Martinez, in turn, moving New Mexico forward in the Hemp and Research Industry. The New Mexico Department of Agriculture has initiated the rule-making process, and is planning to include input opportunities. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 0.3%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana, according to New Mexico law.

Follow https://www.nmda.nmsu.edu/2017/11/industrial-hemp-research-program/ for more information!

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