Medical Cannabis Program

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Introduction

The New Mexico Medical Cannabis Program (MCP) was created under the Lynn and Erin Compassionate Use Act.  The purpose of this Act is to allow the beneficial use of medical cannabis in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments. The Department of Health (DOH) administers the MCP in accordance with the Act while at the same time ensuring proper enforcement of any criminal laws for behavior that has been deemed illicit by the state.  A Primary Caregiver (PC) may be designated by the Qualified Patient (QP) to take responsibility for managing the well-being of the Qualified Patient in the use of medical cannabis.

The production and distribution of medical cannabis is provided by Licensed Non-Profit Producers (LNPP) throughout the state.  A Qualified Patient may also obtain a Personal Production License (PPL) to grow medical cannabis for personal use. The Medical Cannabis Fund was created to allow the Department to utilize fees to fund program expenses.  This allowed the DOH to hire staff and finance the operation of the MCP as a self-supported program.  For additional information on your area of interest or to contact the Medical Cannabis Program please make your selection from the Sections box to the right of this introduction.

 

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General Information

Advisory Board Hearing

The Medical Cannabis Advisory Board convenes at least twice each calendar year to conduct public meetings and is made up of eight board certified practitioners.  The board is responsible for reviewing and recommending to the department additional conditions that would benefit from the medical use of cannabis, accepting and reviewing petitions to add medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the use of medical cannabis; recommending quantities of cannabis necessary to constitute an adequate supply, and issuing recommendations concerning rules to be promulgated for the issuance of registry identification cards. The Statute and Rules are available by selecting Medical Advisory Board under Rules & Regulations in the box to the right.

Any New Mexico resident may submit a petition requesting the addition of a new medical condition, treatment or disease to the Board.  The petition is delivered to the Medical Cannabis Program staff for processing.  It is then forwarded to the Board and scheduled for the next available meeting.  At the public hearing the petitioner is able to present evidence and answer questions from Board members.  In most cases the Board will vote during the hearing to recommend or not.  The Advisory Board will submit its decision to the Secretary of the Dept. of Health for consideration and to determine the outcome.  Public comment is available to people in attendance who would like to present statements in support of or in opposition to the petition.

NOTE: You may obtain a copy of the advisory board hearing agenda 72 hours before the meeting.

Frequently Asked Questions

If you have a question about the program, please consult our list of Patient Frequently Asked Questions before contacting us. There is a very good chance the answer you are looking for is there.

Petition Requirements

Any individual wanting to submit a petition to the Medical Cannabis Advisory Board is advised to select and review the Petition Requirements listed under Rules & Regulations in the box to the right.

Rules & Regulations

The Medical Cannabis Program was established in 2007 via the Lynn and Erin Compassionate Use Act.  The department promulgated rules in 2008 and revised those rules in 2010.  For links to this information please select Registry Identification Cards for Patients, Caregivers and Practitioners and Licensing Requirements for Non-Profit and Personal Production.  A brief overview of participant responsibilities and protections are found in the Law Enforcement Fact Sheet selection in the Rules and Regulations box above.

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Patients & Caregivers

There are 9090 active patients as of April 30^th, 2013. You will find the correct form and instructions for first time patients, re-enrolling patients, primary caregivers, personal production, information change, and card replacement under Forms in the box to the right.  Directions for completing the paperwork is provided on each form.  Complete applications are processed in the order received at the MCP office.  Incoming mail, general delivery or certified, is routed through the DOH mail room. Please allow 5 working days from the date mailed before checking on your application.

The Medical Cannabis Program may take up to 30 days from the date a complete  application is received at the MCP office to approve or deny the application.  An additional 5 business days are allowed to process and issue the registry identification cards.  We recommend that  applications be submitted 45 to 60 days before expiration to avoid problems obtaining or possessing medical cannabis.

NOTE: All MCP Forms were revised in 5/2013. Old versions will not be accepted by the Medical Cannabis Program. By using the most up-to-date application forms and filling them out completely, you will help us to ensure that applications are processed as quickly as possible.

New & Returning Patients

The application for first time and returning patients is the same. Please complete the Patient Application found under Forms in the box to the right and submit it with a copy of your current New Mexico driver's license or state identification card. Temporary ID’s are not accepted. You must provide documentation to support diagnosis of the medical condition, past treatments, potential health benefit vs. risk of Medical Cannabis and the date(s) of service.

NOTE: The patient is responsible for ensuring that the application is complete, including medical documentation and records as needed. Incomplete applications will be pulled from processing and a letter requesting missing/additional documentation will be mailed to the patient.

Caregivers

To enroll as a personal caregiver for an existing patient(s), you must complete the Caregiver Application found under Forms in the box to the right and submit it with a copy of your New Mexico driver's license or state identification card and background check. Please review the Rules for Personal Caregiver located in the Rules and Regulations box above by selecting Registry Identification Cards.

Personal Production License

Qualified Patients with current valid enrollment who want to produce medical cannabis for themselves may complete the Personal Production Application and submit it with a copy of your New Mexico driver's license or state identification card and the $30.00 license fee. Please review the Rules for Qualified Personal Production License located in the Rules and Regulations box above by selecting Licensing Requirements.

Information Change or Card Replacement

If your personal information has changed, you have moved, new phone number, stopped using Medical Cannabis, you have lost or damaged your card, etc. you must complete the Info Change or Card Replacement Form found under Documents in the box to the right and submit it with your current Patient ID Card and/or Personal Production License Card and a copy of your New Mexico driver's license or state identification card.

NOTE: If the Patient ID Card or Personal Production License is lost or expired your protections under The Lynn and Erin Compassionate Use Act and the Statutory Authority and Rules of New Mexico are compromised. This may leave you open to Law Enforcement action and possible prosecution.

 

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Producers & Distributors

There are 23 Licensed Non-Profit Producers (LNPP) serving the Qualified Patients of New Mexico. The objective is to ensure the safe production, distribution and dispensing of medical cannabis to QP’s. Each LNPP is able to grow up to 150 total mature plants and seedlings at a given time. The Dept. of Health is monitoring the availability of medical cannabis and will notify the public when the need for additional Non-Profit Producers is identified. At that time the application process will be presented. For additional information please review the Licensing Requirements located in the Rules and Regulations box above to the right.

The Personal Production License (PPL) is available for Qualified Patients who wish to produce medical cannabis for personal use only. In most cases there is a $30.00 non-refundable fee required with the application. The fee is payable by check or money order only, no cash. The Personal Production Application is found under the Forms section of the box above to the right. You can find additional information in the Licensing Requirements located in the Rules and Regulations box above.

List of Producers

Contact information for Licensed Non-Profit Producers is only available to active, Qualified Patients. Once a patient is enrolled in the program, a list of LNPP's is provided with the Patient ID Card. This information is confidential and should be kept safe for the protection and safety of all concerned.

 

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Healthcare Providers & Practitioners

For the purpose of this program, Practitioners are identified as medical personnel licensed in New Mexico to prescribe and administer drugs that are subject to the Controlled Substance Act. A number of qualifying conditions also require the documented support of a provider or specialist with expertise in the particular condition. The doctor/patient relationship is valued by the Medical Cannabis Program and critical to maintaining the confidence and trust in the program.

When your patient is applying to the MCP, Please fill out the Medical Certification Form included in the Patient Application. You will find this information under Forms in the box to the right. It is important that all sections of the Medical Certification Form be completed with as much detail as possible. Please provide any medical records that support the diagnosis including, but not limited to; date of appointment(s), evaluations or tests used to determine the diagnosis, past treatments why you believe the patient qualifies for the MCP.

NOTE: We ask that you sign your name in Blue ink as we require original documents. This will also help up protect you from attempts to misuse the Certification and your professional licensure.

If you have any questions please check out Provider Frequently Asked Questions under Help Documents in the box to the right for answers before contacting us. There is a very good chance the answer you are looking for is there.

Qualifying Conditions

As of December, 2012 there are 17 qualifying conditions eligible for the Medical Cannabis Program.

1. Cancer
2. Glaucoma
3. Multiple Sclerosis
4. Epilepsy
5. Spinal Cord Damage with Intractable Spasticity
6. HIV/AIDS
7. Painful peripheral neuropathy
8. Intractable nausea/vomiting
9. Severe anorexia/cachexia
10. Hepatitis C infection currently receiving antiviral treatment
11. Crohn's disease
12. Post-Traumatic Stress Disorder
13. Amyotrophic Lateral Sclerosis
14. Severe Chronic Pain
15. Hospice Care
16. Inflammatory autoimmune-mediated arthritis
17. Cervical dystonia

If your patient does not have a qualifying condition and you feel they would benefit from the medical use of cannabis, that person can petition the Medical Advisory Board to add their condition to the current list. For additional information on Petition Requirements go to the box to the right. You can also review the Medical Advisory Board link under Rules and Regulations in the box above for Rule specific details.

 

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Contact Us

Regular office hours for the Medical Cannabis Program are Monday – Friday from 8:00 am until 5:00 pm. Due to the high volume of phone calls it is often quicker to use our email address: medical.cannabis@state.nm.us for application status and general questions. When using email please include your Patient ID number or name & birth date for faster service. Never include Personal Healthcare Information (PHI) in your email. The response to emails will be by phone call or in writing whenever PHI information, such as application status, is requested to maintain patient confidentiality.

Personal Healthcare Information (PHI)

The New Mexico Department of Health (DOH) adheres to all Health Insurance Portability and Accountability Act (HIPAA) standards regarding confidentiality of patient records. To maintain patient confidentiality, staff may only release information to the Qualified Patient, a MCP licensed Primary Caregiver designated by the QP or their medical provider, DOH staff in the course of performing their duties and others as prescribed by law.

Using Electronic Mail

In accordance with HIPAA guidelines, the Medical Cannabis Program will not respond to or release Personal Healthcare Information, including application status, via email or other electronic means. All PHI received by email will be deleted. These guidelines apply to faxed documentation as well.

Mailing Physical Documents

All Medical Cannabis Program application documents, including Initial Patient Enrollment, Patient Re-Enrollment, Primary Caregiver and Personal Production License must be on current forms with original signatures. Blue ink is preferred for all professional signatures. No black ink please. Copies of MCP form will not be accepted or processed. If any documentation submitted does not pass review, it will be returned to the patient with a cover letter identifying what is required to complete the application. The mailing address for the MCP is listed below.