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NewMexicann Natural Medicine

Providing Medicine and Support to Licensed Patients In New Mexico

Legal Restrictions on Medical Cannabis Use

The Lynn and Erin Compassionate Caregiver Act of the State of New Mexico 26-2B-5. Prohibitions, restrictions and limitations on the medical use of cannabis; criminal penalties.

Participation in a medical use of cannabis program by a qualified patient or primary caregiver does not relieve the qualified patient or primary caregiver from:

    1. criminal prosecution or civil penalties for activities not authorized in the Lynn and Erin Compassionate Use Act [26-2B-1 NMSA 1978];
    2. liability for damages or criminal prosecution arising out of the operation of a vehicle while under the influence of cannabis; or
    3. criminal prosecution or civil penalty for possession or use of cannabis:
    • in a school bus or public vehicle;
    • on school grounds or property;
    • in the workplace of the qualified  patient's or primary caregiver's employment; or
    • at a public park, recreation center, youth center or other public place

Okay, what does this mean for you as a Licensed Patient?

  1. The cannabis is for you only. Sharing or giving it to another is not authorized by the act and may be considered distribution and regarded as a felony. It is illegal in the State of New Mexico and under Federal law to pass cannabis to another person. Payment does not matter and quantity does not matter. Pass it to another and you are technically distributing.
  2. Do not ingest cannabis and drive. If you drive while under the influence of cannabis and you have an accident or cause any damage you can be held liable for damages and subject to criminal prosecution. Think of it as drinking and driving.
  3. You are subject to criminal prosecution and/or civil penalty:

a.   If you smoke or ingest cannabis in a school bus or on any public vehicle including buses, trains, shuttle vans. Don't do it.

b.   If you smoke or ingest cannabis in or around a school or any school property. Don't do it.

c.   If you smoke or ingest cannabis at your work place, if you smoke or ingest cannabis in any public place including parks, recreation centers and youth centers. This would also include malls, theaters, bars, restaurants. Don't do it.


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