New Mexico Relaxes Criminality of Cannabis, Maintains Control of Distribution

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By Dylan R.N. Crabb

 

Governor Michelle Lujan Grisham signed Senate Bill 406 into law this week, the new law institutes several measures into effect this year regarding the criminality of cannabis as well as its distribution.

“. . . local school boards and the governing bodies of charter schools shall authorize by rule the possession, storage and administration of medical cannabis by parents and legal guardians, or by designated school personnel, to qualified students for use in school settings . . . (NM SB406, page 1).”

The state will implement cannabis into schools for medical use under strict supervision and only to designated students.

The new will also amend the Lynn and Erin Compassionate Use Act (the successful bill that legalized medicinal cannabis) to widen it’s umbrella for who can qualify as a cannabis patient/producer in the state, an individual cannabis patient/producer must still be licenced with the state’s Department of Health.

“. . . EXEMPTION FROM CRIMINAL AND CIVIL PENALTIESFOR THE MEDICAL USE OF CANNABIS. –

A.  A qualified patient or a qualified patient’sprimary caregiver 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; provided that a qualified patient or the qualified patient’s primary caregiver may possess that qualified patient’s harvest of cannabis.

B.  A reciprocal participant 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 the limit identified by department rule.

C.  The following conduct is lawful and shall not constitute grounds for detention, search or arrest of a person or for a violation of probation or parole, and cannabis products that relate to the conduct are not contraband or subject to seizure or forfeiture pursuant to the Controlled Substances Act or the Forfeiture Act:

  1. a qualified patient or primary caregiver possessing or transporting not more than an adequate supply or a reciprocal participant possessing or transporting not more than the limit identified by department rule;
  2. a qualified patient or primary caregiver purchasing or obtaining not more than an adequate supply from a lawful source or a reciprocal participant purchasing or obtaining not more than the limit identified by department rule;
  3. a qualified patient using or being under the influence of cannabis; provided that the qualified patient is acting consistent with law;
  4. a qualified patient or primary caregiver transferring, without financial consideration, to a qualified patient or primary caregiver not more than two ounces of cannabis; or
  5. with respect to cannabis cultivated under a personal production license, a qualified patient or primary caregiver possessing, planting, cultivating, harvesting, drying, manufacturing or transporting cannabis plants or cannabis products as allowed by department rule; provided that a qualified patient or primary caregiver who possesses a personal production license shall not manufacture cannabis products using an oil extractor solvent that is stored under pressure unless the qualified patient or primary caregiver holds a separate license from the department permitting the person to manufacture cannabis products using an oil extractor solvent that is under pressure (NM SB406, pages 14-16).”

Individuals under 18 years of age can qualify for the medical cannabis program but it must go through the parents/guardian.

SB406 was sponsored by Senator Gerald Ortiz y Pino, a long-time advocate for cannabis as a medicinal and commerical product in the state legislature.

 

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