POSSESSION

 

Both Qualified Patients and Caregivers currently active in the Medical Cannabis Program are able to possess an amount of cannabis, or plants (Personal Production License holders only) are defined by 7.34.4.7(D) of the New Mexico Administrative Code: D. “Adequate supply”  means an amount of cannabis, derived solely from an intrastate source and in a form approved by the department, possessed by a qualified patient or collectively possessed by a qualified patient and the qualified patient’s primary caregiver, that is determined by the department to be no more than reasonably necessary to ensure the uninterrupted availability of cannabis for a period of three (3) months. An adequate supply shall not exceed eight (8) ounces of useable cannabis, and with a personal production license only, four (4) mature plants and twelve (12) seedlings, or a three (3) month supply of topical treatment. A qualified patient and primary caregiver may also possess cannabis seeds.

 

In summary, patients or caregivers cannot possess above 8 ounces or 230 grams at any given time.  PPL holders are not allowed to exceed 4 mature plants and 12 seedings (or plants in the vegative stage) at any given time.

Recently, the Medical Cannabis Program has further mandated that Licensed Non-Profit Producers, such as High Desert Relief, cannot sell individual patients or caregivers medicine that exceeds the ‘adequate supply’ definition above.  Thus, HDR and other producers monitor your purchases and cannot sell any qualified persons medicine exceeding 8 ounces in a 90-day period. HDR will monitor this purchase limit and if any purchase made exceeds this limit, we will inform you and accommodate as much as we are allowed to do.

However, if your condition requires more usage than 8 ounces in 90 days, an approved patients legal limit may be raised if there is a medical necessity for the increase.  Your medical provider may submit a letter to the Department requesting an increase due to medical necessity.  The medical provider must state how much product the patient requires on a monthly basis to meet their needs.

EXEMPTION FROM CRIMINAL AND CIVIL PENALTIES FOR THE MEDICAL USE OF CANNABIS

 

A. A qualified patient shall not be subject to arrest, prosecution or penalty in any manner for the possession of or the medical use of cannabis if the quantity of cannabis does not exceed an adequate supply.
B. A qualified patient’s primary caregiver shall not be subject to arrest, prosecution or penalty in any manner for the possession of cannabis for medical use by the qualified patient if the quantity of cannabis does not exceed an adequate supply.
C. Subsection A of this section shall not apply to a qualified patient under the age of eighteen years, unless:
(1) the qualified patient’s practitioner has explained the potential risks and benefits of the medical use of cannabis to the qualified patient and to a parent, guardian or person having legal custody of the qualified patient; and
(2) a parent, guardian or person having legal custody consents in writing to:
(a) allow the qualified patient’s medical use of cannabis;
(b) serve as the qualified patient’s primary caregiver; and
(c) control the dosage and the frequency of the medical use of cannabis by the qualified patient.
D. A qualified patient or a primary caregiver shall be granted the full legal protections provided in this section if the patient or caregiver is in possession of a registry identification card. If the qualified patient or primary caregiver is not in possession of a registry identification card, the patient or caregiver shall be given an opportunity to produce the registry identification card before any arrest or criminal charges or other penalties are initiated.
E. A practitioner shall not be subject to arrest or prosecution, penalized in any manner or denied any right or privilege for recommending the medical use of cannabis or providing written certification for the medical use of cannabis pursuant to the Lynn and Erin Compassionate Use Act.
F. A licensed producer shall not be subject to arrest, prosecution or penalty, in any manner, for the production, possession, distribution or dispensing of cannabis pursuant to the Lynn and Erin Compassionate Use Act.
G. Any property interest that is possessed, owned or used in connection with the medical use of cannabis, or acts incidental to such use, shall not be harmed, neglected, injured or destroyed while in the possession of state or local law enforcement officials. Any such property interest shall not be forfeited under any state or local law providing for the forfeiture of property except as provided in the Forfeiture Act. Cannabis, paraphernalia or other property seized from a qualified patient or primary caregiver in connection with the claimed medical use of cannabis shall returned immediately upon the determination by a court or prosecutor that the qualified patient or primary caregiver is entitled to the protections of the provisions of the Lynn and Erin Compassionate Use Act, as may be evidenced by a failure to actively investigate the case, a decision not to prosecute, the dismissal of charges or acquittal.
H. A person shall not be subject to arrest or prosecution for a cannabis-related offense for simply being in the presence of the medical use of cannabis as permitted under the provisions of the Lynn and Erin Compassionate Use Act.
PROHIBITIONS, RESTRICTIONS AND LIMITATIONS ON THE MEDICAL USE OF CANNABIS–CRIMINAL PENALTIES.
A. Participation in a medical use of cannabis program by a qualified patient or primary caregiver does not relieve the qualified patient or primary caregiver from:
(1) criminal prosecution or civil penalties for activities not authorized in the Lynn and Erin Compassionate Use Act;
(2) liability for damages or criminal prosecution arising out of the operation of a vehicle while under the influence of cannabis; or
(3) criminal prosecution or civil penalty for possession or use of cannabis:
(a) in a school bus or public vehicle;
(b) on school grounds or property;
(c) in the workplace of the qualified patient’s or primary caregiver’s employment; or
(d) at a public park, recreation center, youth center or other public place.
B. A person who makes a fraudulent representation to a law enforcement officer about the person’s participation in a medical use of cannabis program to avoid arrest or prosecution for a cannabis-related offense is guilty of a petty misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
C. If a licensed producer sells, distributes, dispenses or transfers cannabis to a person not approved by the department pursuant to the Lynn and Erin Compassionate Use Act or obtains or transports cannabis outside New Mexico in violation of federal law, the licensed producer shall be subject to arrest, prosecution and civil or criminal penalties pursuant to state law.