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Yes, medical marijuana is legal in New Mexico. The state legalized medical marijuana in April 2007 through Senate Bill 523 (the Lynn and Erin Compassionate Use Act). This Bill allowed persons diagnosed with specific medical conditions to use marijuana products. In line with the provisions of Senate Bill 523, the New Mexico Department of Health (NMDOH) is responsible for administering the state's medical cannabis program. In April 2019, New Mexico's medical marijuana program was expanded through Senate Bill 406 which increased the number of qualifying medical conditions for medical marijuana treatment. It also permitted medical marijuana patients from other states to access cannabis products in New Mexico and extended the validity period of medical marijuana registry identification cards from one year to three years.
Medical marijuana is legal in New Mexico and can treat qualifying debilitating medical conditions by patients. Title 7- Health, Chapter 34 - Medical Use of Cannabis provides for qualified health conditions. A licensed physician must also recommend them for medical marijuana benefits. According to a study, medical cannabis has over 400 chemical compounds, the major ones being delta-9-tetrahydrocannabinol (THC) and Cannabidiol (CBD). These compounds may effectively reduce pain, nausea, dizziness, muscle spasms, insomnia, anxiety, and depression.
To use medical marijuana legally, the qualified patient must apply under the Medical Cannabis Program 8(MCP) to get an MMJ card. The MCP was created under the Lynn, and Erin Compassionate Use Act in Chapter 26, Article 2B of the New Mexico Statutes. The New Mexico Department of Health administers the Medical Cannabis Program (MCP). The MCP receives applications for MMJ cards from both qualified patients and caregivers. With an MMJ card, the patient will purchase marijuana products from registered dispensaries around the state. MCP allows patients and their caregivers to produce medical marijuana; however, they possess the Personal Production License. For more information, consult the Medical Cannabis Program Patient Guide.
New Mexico legalized recreational marijuana in 2021 and began licensed sales in 2022. Recreational marijuana refers to cannabis products used for non-medical purposes. It is only available to adults aged 21 and above and does not require a card to access.
According to Senate Bill 406, medical marijuana patients issued registry identification cards under the New Mexico medical cannabis program may purchase marijuana products from licensed dispensaries. Also, registered caregivers may obtain cannabis products from registered medical marijuana dispensaries on behalf of their patients. The qualifying health conditions for medical marijuana treatment in New Mexico include:
Multiple sclerosis
Lewy body disease
Friedreich's ataxia
Cancer
Glaucoma
Spinal cord nervous tissue damage
Seizure disorder
HIV/AIDS
Amyotrophic lateral sclerosis (ALS)
Crohn's disease
Huntington's disease
Hepatitis C
Inclusion body myositis
Inflammatory autoimmune-mediated arthritis
Intractable nausea
Obstructive sleep apnea
Painful peripheral neuropathy
Post-traumatic stress disorder (PTSD)
Parkinson's disease
Severe chronic pain
Severe anorexia
Cachexia
Spasmodic torticollis
Opioid use disorder
Spinal muscular atrophy
Ulcerative colitis
The New Mexico Department of Health (NMDOH) issues medical marijuana identification cards to qualifying patients who are registered under the state's medical marijuana program. To apply for a medical marijuana registry identification card in New Mexico, a person must have:
Government-issued photo identification such as a valid New Mexico driver's license
A copy of their medical record from their medical practitioner supporting their diagnosis with a qualifying medical condition
The applicant and their medical provider must complete the medical cannabis program patient application/renewal form. The patient should attach the required documents to the completed form and mail them to the New Mexico Department of Health (NMDOH) at:
New Mexico Department of Health
Medical cannabis program
P.O. Box 26110
Santa Fe, NM 87502-6110
Alternatively, a medical marijuana identification card applicant in New Mexico can submit their application in the NMDOH's drop-box between 8:00 a.m. and 5:00 p.m. on weekdays at the following address:
New Mexico Department of Health
Medical cannabis program
1474 Rodeo Road, Suite 200
Santa Fe, NM 87505
A person may apply for a medical marijuana registry identification card through the New Mexico Department of Health (NMDOH) medical cannabis program online portal. Online applicants will need to create accounts on the portal and provide the required documents electronically. The NMDOH may take up to 30 days to deny or approve a medical marijuana registry identification card application. Successful applicants will get their cards in the mail.
New Mexico medical marijuana identification cards are free. Therefore, persons applying for their patient or caregiver identification cards are not required to pay application fees to the New Mexico Department of Health (NMDOH).
The provisions of Senate Bill 406 require persons applying for medical marijuana cards under the New Mexico medical cannabis program to consult with certified healthcare practitioners before submitting their applications. A healthcare practitioner may issue a patient with written certification for medical marijuana if they consider medical cannabis treatment beneficial for the patient based on their professional opinion. The New Mexico Department of Health (NMDOH) does not provide a registry of approved certifying medical practitioners for medical marijuana treatment in the state. However, before a healthcare practitioner can certify a patient for medical marijuana treatment under the New Mexico medical marijuana program, they must be licensed to prescribe and administer controlled substances in the state.
In New Mexico, minors diagnosed with qualifying medical conditions may use marijuana products for medical purposes if their parents or legal guardians permit this treatment option. According to the provisions of Senate Bill 406, patients below younger than 18 may use marijuana for medical reasons on school premises under the supervision of a legal guardian, parent, or designated school personnel. Before a medical practitioner can recommend medical marijuana for a minor, they must explain the potential risks and benefits of medical marijuana treatment to the patient's parent or legal guardian. Furthermore, in line with the provisions of Senate Bill 406, the parent or legal guardian of a minor for whom medical marijuana is recommended is required to provide a written note to:
Permit their ward to use marijuana products for medical reasons
Agree to serve as the ward's primary caregiver
Agree to control their ward's marijuana dosage and usage frequency
Yes. Upon turning 18, minors participating in the New Mexico medical marijuana program can apply for their medical marijuana cards as adults. This means that they will no longer require the consent of their custodial parents or legal guardians and do not need to designate caregivers in their applications.
As stipulated in Senate Bill 406, New Mexico medical marijuana registry identification cards expire after three years and require renewal. A registered medical marijuana patient may renew their cannabis registry identification card online or by mail. To renew online, a cardholder should visit their profile on the New Mexico Department of Health (NMDOH) medical cannabis program online portal and complete the renewal process. Persons renewing their medical marijuana registry identification cards by mail should complete the New Mexico medical marijuana program patient application/renewal form and mail them with the required documents to the NMDOH at:
New Mexico Department of Health
Medical cannabis program
P.O. Box 26110
Santa Fe, NM 87502-6110
Also, New Mexico medical marijuana registry card renewal applicants may submit their applications at the NMDOH's drop-box during regular working hours on weekdays at:
New Mexico Department of Health
Medical cannabis program
1474 Rodeo Road, Suite 200
Santa Fe, NM 87505
According to Section 7.34.4.8(A)(1) of the New Mexico Administrative Code, registered medical marijuana patients with personal production licenses can grow up to four mature cannabis plants and 12 cannabis seedlings for personal use. Registered medical marijuana caregivers may also obtain personal production licenses which allow them to cultivate marijuana plants on behalf of registered medical marijuana patients in the state. Per Section 7.34.4.21 of the New Mexico Administrative Code, registered medical marijuana patients and caregivers with personal production licenses may cultivate cannabis plants indoors or outdoors. The cultivation areas must be hidden from streets and other public areas and they must be secured to restrict access by minors (persons under 18 years) and other unauthorized individuals.
The New Mexico medical cannabis program allows registered medical marijuana patients to designate caregivers by themselves. According to Section 7.34.4.7 of the New Mexico Administrative Code, a medical marijuana caregiver is a person who is responsible for managing a medical marijuana patient's well-being with respect to their use of marijuana products. They assist the patient in administering cannabis products and growing marijuana plants for personal use. Medical marijuana caregivers are required to register with the New Mexico medical cannabis program and obtain registry identification cards in order to operate legally in the state. For a person to qualify as a medical marijuana caregiver in New Mexico, they must be a resident of the state and be 18 years or older. A registered medical cannabis caregiver in New Mexico may manage up to four medical marijuana patients at once.
Registered medical marijuana patients in New Mexico are required to show their medical marijuana registry identification cards and valid government-issued photo identification when visiting medical cannabis dispensaries to buy cannabis products. Medical marijuana dispensaries in the state usually verify the identities of buyers and their registration with the New Mexico medical cannabis program before dispensing marijuana products to them.
Yes. It is possible to overdose on marijuana, although there has been no record of fatal overdoses in New Mexico. An overdose is fatal when it affects the psychological functioning of individuals. Unlike other controlled substances, it will not lead to death or put the individual in a vegetative state. Also, Marijuana overdose is relative because there is no standard amount of marijuana that can cause an overdose. Overdose occurrence differs in different individuals, and marijuana overdose may not lead to death, but it may adversely affect its users. For instance, the presence of high delta-9-tetrahydro-cannabinol (THC) in the body will have an adverse reaction such as:
Fast heartbeat.
Low blood pressure.
Muscle relaxation.
Bloodshot eyes.
Slowed digestion.
Dizziness.
Drowsiness.
Depression.
Hallucinations.
Paranoia.
Meanwhile, cannabinoids may be addictive for users. Some users may experience symptoms of withdrawal from cannabinoids that include:
Being easily annoyed or angered.
Trouble sleeping.
Unable to stay still.
Hot flashes.
Nausea and cramping (rare)
The user may also be diagnosed with Cannabinoid Hyperemesis Syndrome (CHS), which causes the patient to suffer from severe vomiting and abdominal pain. Then they can be diagnosed Marijuana Induced Psychosis (MIP).
No, a pregnant woman should never use marijuana to avoid complications for the unborn child. Although Title 7- Health, Chapter 34 of New Mexico recognizes the use of medical marijuana to alleviate symptoms like nausea. A pregnant woman should not use it to treat nausea when pregnant, even though it was not explicitly prohibited under the law. The Center for Disease Control stated that THC is harmful to the unborn child's health and development. Use of marijuana during pregnancy may lead to:
Small head circumference
Small length
Stillbirth
Low birth weight
Premature birth
It is important to note that all forms of using marijuana, including smoking, vaping, sniffing, and edibles, will endanger the fetus. Until there is a regulation or proper dosage, pregnant women should avoid medical marijuana to treat pregnancy-associated symptoms.
Pregnancy symptoms vary among different pregnant women. To alleviate some of these symptoms, pregnant women should consult their OB/GYN for healthier options for themselves and their babies.