Lynn and Erin Compassionate Use Act, which became effective on July 1, 2007, required the New Mexico Department of Health to formulate rules and regulations, that would govern the possession, use, and distribution of medical marijuana to state-qualified medical marijuana patients by October 1, 2007.
Caregiver Laws
A caregiver must be 18 years of age or above with no background of any drug felony conviction and be registered under the Department of Health to legally possess (but not to use) medical marijuana. A caregiver can possess up to six ounces of marijuana on behalf of a patient. A caregiver is not allowed to cultivate or grow medical marijuana for patients, but may assist a patient in cultivating medicinal marijuana.
Dispensary Laws
Licensed Non-Profit Producers is only available to active, qualified patients. Once a patient is enrolled in the program, a list of Licensed Non-Profit Producers is provided to him with the patient ID Card. Patients are not allowed to use medical marijuana in a medical marijuana facility or in any public places.
To start a dispensary, the applicant must be 18 years of age or above with no background of any drug felony offense. He must be registered with complete required informations, documentations, and paid fees to the Department of Health (DOH) for legal production.
An additional production facility or facilities may be allowed depending on the department, if the non-profit producer is approved to grow more than 150 plants. A registered non-profit producer is not allowed to distribute usable marijuana to a qualified patient or primary caregiver in a total quantity that exceeds 230 units within any 90-day period, unless the qualifying registered patient or primary caregiver presents proof of a valid medical exception granted by the department.
Growing Laws
A patient can optionally grow or cultivate his own medical marijuana by applying for a Personal Production License under the Department of Health. A grower may have up to twelve seedlings and four mature plants. He must be 18 years of age or above and be registered under DOH to legally grow or cultivate an allowable amount of medical marijuana. Marijuana must be cultivated in an enclosed, locked and secured facility away from the public.