New Mexico Medical Marijuana Patient Information

What Conditions Can Medical Marijuana Be Used for?

Medical marijuana is used by patients suffering from any debilitating health condition provided under Title 7, Chapter 34, Part 3- Medical Use of Cannabis. Section 7.34.3.7 (D) defines what debilitating health conditions to include. These are:

• Cancer
• Damage to the spinal cord's nervous tissue, with an objective neurological indication of intractable spasticity
• Epilepsy
• Positive status for HIV/AIDS
• Admission into hospice care following rules promulgated by the Department
• Amyotrophic Lateral Sclerosis
• Glaucoma
• Multiple Sclerosis
• Crohn's Disease
• Hepatitis C Infection
• Huntington's Disease
• Painful Peripheral Neuropathy
• Parkinson's Disease
• Posttraumatic Stress Disorder
• Severe chronic pain
• Inclusion Body Myositis
• Inflammatory autoimmune-mediated Arthritis;
• Intractable nausea or vomiting
• Obstructive Sleep Apnea
• Severe Anorexia or Cachexia
• Spasmodic Torticollis
• Ulcerative Colitis
• Any other medical condition, medical treatment, or disease that the Department has approved. This condition must result in pain, suffering, or debility, and there is credible evidence that a patient can benefit from medicinal marijuana.

What does an MMJ Card Permit in New Mexico?

In New Mexico, valid medical marijuana users have various privileges regarding cannabis use. For instance:

• Medical marijuana patients can possess, buy, and grow marijuana: Individuals with medical marijuana cards may have up to eight ounces (224 grams) of medical cannabis over 90 days. They can cultivate up to four mature plants and twelve immature plants at home.
• Medical marijuana users will pay less for cannabis: Medical marijuana users must take cannabis as treatment for a health condition. Thus, the Department of Health ensures that card-carrying patients have access to marijuana at affordable rates.
• Access for Minors: Typically, only adults above 21 years old have access to medical cannabis. However, minors under eighteen years old can access medical cannabis if they can get a doctor's certification and their parent/guardian/caregiver's permission.
• Legal Protection: The US federal government still considers cannabis use and cultivation illegal. However, individuals using medical marijuana in New Mexico remain safe from prosecution if they stay within the bounds set by the Compassionate Use Act.

How Long is a New Mexico Medical Marijuana Card Valid?

In New Mexico, medical marijuana cards issued after June 14, 2019, will expire three years after the issuance date. All cards issued before this date maintain their expiration date. While the cards remain valid, you can use them to purchase medical marijuana in New Mexico and some states that offer medical marijuana reciprocity.

Medical cannabis patients must renew their medical marijuana cards if they wish to keep their privileges. The Department of Health expects patients to apply for renewal at least thirty days before their cards expire and does not charge a renewal fee.

Does New Mexico have Medical Marijuana Reciprocity?

The State of New Mexico offers medical marijuana reciprocity under NM SB 406. The law permits tourists and visitors to buy and possess medical marijuana in New Mexico upon presenting an out-of-state medical marijuana card.

New Mexico also allows out-of-state medical cannabis patients to apply for New Mexico medical marijuana cards. This allowance is beneficial to patients that plan to be in the state for extended periods.

Is an MMIC Valid outside of New Mexico?

That depends on where you go. In states that offer medical marijuana reciprocity, individuals with New Mexico medical marijuana identification cards may legally possess medical marijuana. However, not all states offer medical marijuana reciprocity, even though they have legalized medical marijuana. The current list of US states offering medical marijuana reciprocity include:

• Alaska
• Arizona
• Arkansas
• Colorado
• Hawaii
• Illinois
• Maine
• Massachusetts
• Michigan
• Nevada
• New Hampshire
• Oklahoma
• Oregon
• Rhode Island
• Washington
• Washington DC.

Is an MMIC Valid in Other New Mexico Counties?

Yes, the New Mexico Department of Health - a statewide body - validates requests and issues medical marijuana cards. Thus, your New Mexico medical marijuana identification card is valid in all New Mexico counties and municipalities. You can obtain medical marijuana from any state-licensed medical marijuana dispensary as long as you provide a valid license.

Does New Mexico Accept Medical Marijuana Cards issued by another State?

Yes, it does. New Mexico laws allow tourists and visitors with out-of-state medical marijuana identity cards to buy and possess medical marijuana. Also, all individuals above 21 years old will be able to have or buy up to two ounces of cannabis flower - for recreational use - from June 2021.

Out-of-state medical cannabis patients may also apply for New Mexico medical marijuana cards, according to NM SB 139. This allowance is beneficial to patients that plan to be in the state for extended periods.

Does a New Mexico MMIC Protect Me Under Federal Law?

Under the federal drug law, buying, using, or cultivating marijuana is criminally punishable. As such, anyone that consumes marijuana in federal jurisdiction risks arrest and prosecution, even if you have a New Mexico medical marijuana identification card. As some New Mexico spaces are the federal government's property, individuals cannot use marijuana anywhere they please. To stay on the right side of federal law, medical marijuana users should:

• Avoid carrying cannabis or cannabis products across state lines;
• Avoid selling medical cannabis or cannabis products to anyone;
• Avoid using cannabis around children or anyone under the age of 18;
• Avoid using cannabis in public areas like parks, buses or bus stops, near schools or recreation/youth centers, etc.;
• Avoid using/holding cannabis in federally-owned spaces like federal checkpoints, national parks, or airports;
• Avoid using cannabis if they live in federally subsidized housing, as they may face eviction if charged for consumption and possession;
• Avoid using cannabis if they work for the federal government;
• Have their medical cannabis identification card with them anytime they consume cannabis.
• Avoid using medical cannabis if they depend on federal financial aid for students, like the Pell Grant, Perkins Loans, Supplemental Educational Opportunity Grants, etc.

Under federal law, individuals that use or possess marijuana in national spaces face misdemeanor charges and are liable to pay a $1000 penalty. They may also be liable to spend up to one year in federal prison.