At a Glance
Medical Marijuana Program: Yes
Adult Use / Recreational MMJ: No
Pediatric: Yes
Home grow: Yes, 16 plants (four mature, 12 immature)
Possession limit: Eight ounces of medical cannabis (over a 90-day period)
Reciprocity: No
Legislation: Senate Bill 523
Estimated # of registered patients: 50000
Types of cannabis permitted for use: All
Legalization & Important Dates
March 13, 2007, “The Lynn and Erin Compassionate Use Act”, Senate Bill 523, was approved in New Mexico (effective July 01, 2007), effectively removing all state-level criminal penalties on the use and possession of marijuana by patients “in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments”.
Types of Licenses
Dispensary / Producer – Vertical
Personal Production License – A qualified patient who holds a valid 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 of usable cannabis
A non-profit producer that operates a facility and, at any one time, is limited to a combined total of no greater than 450 mature female plants, seedlings and male plants, and an inventory of usable cannabis and seeds that reflects current patient needs, and that shall sell cannabis with a consistent unit price, without volume discounts or promotional sales based on the quantity purchased
1 location per license
Licensed Non-Profit Producers (LNPP) serve the qualified patients of New Mexico. The objective is to ensure the safe production, distribution and dispensing of medical cannabis to qualified patients.
The LNPP application period is closed. NMDOH is not accepting applications from businesses interested in producing and distributing medical cannabis.
Associated Fees
Licensed Non-Profit Producers (LNPPs) Re-licensure
Fees applicable to applicants and licensees:
1. Non-profit producer application fee: ten thousand dollars ($10,000). If the application is denied, the department shall issue a refund of nine thousand dollars ($9,000) to the applicant.
2. Non-profit producer license fee: -refundable licensure fee before beginning operations of: thirty thousand dollars ($30,000) for the first 150 cannabis plants to be possessed by the non-profit producer, and ten thousand dollars ($10,000) for each additional quantity of 50 plants thereafter to be possessed, up to a maximum collective total of 450 cannabis plants.
3. Transition to revised LNPP fees, plant limits: A fee that is paid by a non-profit producer for the year 2015 and prior to the adoption of this rule shall be assessed, on a pro-rated basis, towards the fees identified in this section for that licensure year.
4. Qualified patient personal production fees: A qualified patient shall submit with each initial application and renewal application for personal production licensure a fee of thirty dollars ($30), except that the fee may be waived upon a showing that the income of the qualified patient is equal to or lesser than two hundred percent (200%) of the federal poverty guidelines established by the U.S. department of health and human services; and
5. Replacement license fee: A fifty dollar ($50) payment is required for replacement of a license.
Qualifying Conditions
• Amyotrophic Lateral Sclerosis (Lou Gehrig’s disease)
• Anorexia/cachexia
• Arthritis
• Cancer
• Cervical dystonia
• Chronic pain
• Crohn’s disease
• Epilepsy
• Glaucoma
• Hepatitis C
• HIV/AIDS
• Hospice patients
• Huntington’s disease
• Intractable nausea/vomiting
• Multiple sclerosis
• Painful peripheral neuropathy
• Parkinson’s disease
• Post-traumatic Stress Disorder
• Spinal cord damage
How to Become A Medical Marijuana Patient
1. Patients are required to obtain legitimate medical records or documentation from their primary care physician describing the diagnosis of their qualifying
2. Patients are required to obtain a signed Physician’s Statement from a physician, currently licensed to practice medicine in New Mexico
3. Patients must be a resident of the state of New Mexico with proof of residency. If you do not have a New Mexico I.D. an out of state I.D., passport, or other photo I.D. with proof of residency such as bank statement, utility bill, etc is acceptable.
4. Once certified, patients are required to register with the New Mexico Department of Health — registration is mandatory. Upon registration, the patient will receive a New Mexico medical marijuana card.
5. Patients choosing to cultivate their own medical marijuana must first apply for a license — complete and submit a Medical Cannabis Personal Production Application, along with with a copy of your New Mexico driver’s license or state identification card, and the license application fee of $30.00. To assign a caregiver, complete and submit Caregiver Application Form, as well.
6. It is free to apply for patient registry
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.
