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General Information

Introduction

The Medical Cannabis Program (MCP) was created under the Lynn and Erin Compassionate Use Act. The purpose of this Act is to allow the beneficial use of medical cannabis in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments. The NMDOH administers the MCP in accordance with the Act while at the same time ensuring proper enforcement of any criminal laws for behavior that has been deemed illicit by the state. A Primary Caregiver (PC) may be designated by the Qualified Patient (QP) to take responsibility for managing the well-being of the QP in the use of medical cannabis.

The production and distribution of medical cannabis is provided by Licensed Non-Profit Producers (LNPP) throughout the state. A Qualified Patient or Primary Caregiver may also obtain a Personal Production License (PPL) to grow medical cannabis for the qualified patient’s personal use. The Medical Cannabis Fund was created to allow the Department to utilize fees to fund program expenses. This allowed the NMDOH to hire staff and finance the operation of the MCP as a self-supported program.


Patient Registry Enrollment Changes

Effective June 14th, 2019 the Medical Cannabis Program Patient Registry is undergoing many changes. Please see the Patient Registry Enrollment Changes.


Advisory Board Hearing

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The Medical Cannabis Advisory Board convenes at least twice each calendar year to conduct public meetings. The Advisory Board is made up of nine practitioners recommended by various New Mexico medical associations and societies. Each member is appointed by the Secretary of Health. Please see the Medical Cannabis Advisory Board Roster for a list of current members. The board is responsible for reviewing and recommending to the department additional conditions that would benefit from the medical use of cannabis, accepting and reviewing petitions to add medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the use of medical cannabis; recommending quantities of cannabis necessary to constitute an adequate supply, and issuing recommendations concerning rules to be promulgated for the issuance of registry identification cards. The Statute and Rules are available in the NMAC 7.34.2 section of the NMAC.

Any New Mexico resident may submit a petition requesting the addition of a new medical condition, treatment or disease to the Board.  The petition is delivered to the Medical Cannabis Program staff for processing.  It is then forwarded to the Board and scheduled for the next available meeting.  At the public hearing the petitioner is able to present evidence and answer questions from Board members.  In most cases the Board will vote during the hearing to recommend or not.  The Advisory Board will submit its decision to the Secretary of the Department of Health for consideration and to determine the outcome.  Public comment is available to people in attendance who would like to present statements in support of or in opposition to the petition.

The next Medical Advisory Board Meeting is scheduled for:


Medical Cannabis Advisory BoardMedical Cannabis General Information - Public Meeting03/29/2019 @ 10:00 AM - 1:00 PM
Harold Runnels Building
1190 S. St. Francis Drive, Santa Fe, NM 87505505-827-2613 Phone - 505-827-2530 Fax

The meeting will be on the first floor in the auditorium (Room A-1006). Petitions to add conditions may be accepted at any time. Those received 30 days prior to the meeting, by 5:00 p.m. on Wednesday February 27th, may be scheduled for the March 29, 2019 meeting.

Please ensure petitions are complete and include: name, address, telephone number of petitioner, are unbound, and includes copies of all materials cited and materials the petitioner wants the Medical Advisory Board to consider. Instructions of how to submit a petition are available in the Medical Cannabis Petition Requirements document.

You may obtain the Medical Cannabis Advisory Board Meeting Agenda no later than 72 hours before the meeting.


Petition Requirements

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Any individual wanting to submit a petition to the Medical Cannabis Advisory Board is advised to review our Medical Cannabis Petition Requirements document.


Rules & Regulations

The Medical Cannabis Program was established in 2007 via the Lynn and Erin Compassionate Use Act.  The department promulgated rules in 2008 and revised those rules in 2010.  We provide NMAC 7.34.3 for Patients, Caregivers and Practitioners and NMAC 7.34.4 for Non-Profit and Personal Production.  A brief overview of participant responsibilities and protections are found in the Medical Cannabis Law Enforcement Fact Sheet document.


Contact Us

Regular office hours for the Medical Cannabis Program are Monday-Friday from 8:00am-5:00pm. We receive a high volume of phone calls and you may also send an email to medical.cannabis@state.nm.us for general questions. Never include Personal Healthcare Information (PHI) in your email. We are unable to respond to emails regarding application status due to privacy concerns and suggest that you call if application status is your concern. The response to emails will be by phone call or in writing whenever PHI information, such as application status, is requested to maintain patient confidentiality.

Personal Healthcare Information (PHI)

The New Mexico Department of Health (DOH) adheres to all Health Insurance Portability and Accountability Act (HIPAA) standards regarding confidentiality of patient records. To maintain patient confidentiality, staff may only release information to the Qualified Patient, a MCP licensed Primary Caregiver designated by the QP or their medical provider, DOH staff in the course of performing their duties and others as prescribed by law.

Using Electronic Mail

In accordance with HIPAA guidelines, the Medical Cannabis Program will not respond to or release Personal Healthcare Information, including application status, via email or other electronic means. All PHI received by email will be deleted.

Mailing Physical Documents

All Medical Cannabis Program application documents, including Initial Patient Enrollment, Patient Re-Enrollment, Primary Caregiver and Personal Production License must be on current forms with original signatures. Blue ink is preferred for all professional signatures. No black ink please. Copies of MCP form will not be accepted or processed. If any documentation submitted does not pass review, it will be returned to the patient with a cover letter identifying what is required to complete the application. The mailing address for the MCP is listed below.