Medical Cannabis Program
The Department of Health is extending enrollment periods by up to 60 days for medical cannabis patients whose cards expire between June 15 and December 31, 2016. The enrollment periods for these patients will be extended automatically, prior to approval of their renewal application. We have alerted state and local law enforcement about this temporary change.
NOTE: This extension is not applicable to patients whose cards have already been renewed.
Over the past week, the Department of Health has worked with BioTrack, a point-of-sale software system utilized within the program to extend the enrollment periods of patients whose cards expire between June 15 and December 31, 2016. This change within the BioTrack system will enable patients to purchase medical cannabis from licensed producers. PATIENTS NEED TO KEEP THEIR REGISTRY IDENTIFICATION CARD ON THEM EVEN IF IT HAS EXPIRED. Law enforcement will need to call the number on the back of the card to verify enrollment status.
There has been an increase in patient applications for the program. The Department is expanding capacity within the Program in order to meet this new, unanticipated demand and working to improve the processing time of applications being submitted to the Program. Currently, the Department is taking about 42 days to process applications which is only about one week beyond the normal 35 days to process patient applications. However, the Department is implementing this temporary change in an abundance of caution, to ensure that patients’ enrollments in the Program do not lapse while applications are being processed.
THE PROGRAM IS ASKING THAT PATIENTS FOLLOW THE STEPS BELOW TO HELP WITH THE APPLICATION APPROVAL PROCESS.
- Submit patient renewal applications 60 days prior to the expiration of their registry cards. We process applications in the order they are received.
- If you’re unsure of when your card expires, please look at your patient enrollment card. The expiration date is listed on it. Also, talk with the Licensed Non-Profit Producer (LNPP) where you purchase medicine. They can assist you and let you know when your card will expire.
- Make sure your application is complete and that you are submitting all required information. The application comes with a checklist to help you.
- Please provide your correct mailing address.
- Incomplete applications cannot be processed and will result in a delay in processing.
- Attach all necessary notes or items identified by your doctor.
- The medical certification form can be completed by any medical provider licensed to prescribe medication. The Department recommends checking with your regular medical provider to see if they can fill out the medical certification.
- Medical Cannabis Renewal Applications Letter to Licensed Non-Profit Producers
- Medical Cannabis Renewal Applications Letter to Law Enforcement Partners
The Department of Health (“Department”) is adopting a rule amendment that removes a provision in Department rule NMAC 184.108.40.206 which made the identities and documents of non-profit producers and non-profit producer-applicants in the New Mexico Medical Cannabis Program confidential. A hearing was held concerning proposed rule amendments on Wednesday, January 6, 2016, at which public comment was received. The Department received the Hearing Officer’s Report and Recommendation on 2/5/16, in which the Hearing Officer recommended that non-profit producer and non-profit producer-applicant confidentiality be removed. The Cabinet Secretary is implementing the recommendation of the Hearing Officer, and the Department has filed the rule amendments with New Mexico Records and Archives for publication in the New Mexico Register. Pursuant to the State Rules Act, those amendments will become effective on 2/29/16, when they are published in the Register. Accordingly, there will be no non-profit producer or non-profit producer-applicant confidentiality identified in Department rule as of 2/29/16.
The removal of non-profit producer and non-profit producer-applicant confidentiality was requested by the Governor, in the interest of greater transparency. Non-profit producer confidentiality is also the subject of an ongoing lawsuit filed by the Foundation for Open Government (case no. D-202-CV-2015-05674) in the Bernalillo County District Court.
The Department intends to withhold only limited information from non-profit producer and non-profit producer-applicant records when responding to requests to inspect or copy such records. The information to be withheld will be limited to only that information that is expressly confidential pursuant to state or federal statute or regulation. The information that will be withheld (i.e., redacted prior to inspection or copying) will include:
- Home addresses and personal telephone numbers of employees and board members of both non-profit producers and applicants for non-profit producer licensure;
- Social security numbers;
- All but the last four digits of a:
- taxpayer identification number;
- financial account number; or
- driver's license number;
- All but the year of a person's date of birth;
- Income tax returns;
- Any information that identifies an individual as a qualified patient enrolled in the Medical Cannabis Program;
- Notations of arrest or detention that indicate that an individual was accused but not charged with a crime.
The Department does not intend to withhold any information from non-profit producer or non-profit producer-applicant files on the basis of “trade secret” or on the basis of a generalized claim of the information being “proprietary” in nature.
The Department has not proposed and does not intend to remove the confidentiality provision concerning Personal Production License (PPL) holders (i.e., enrolled patients who hold licensure to grow medical cannabis for their own use); and such information will remain confidential in accordance with the patient confidentiality provision of the Lynn and Erin Compassionate Use Act, at NMSA 1978, § 26-2B-7(G).
- Medical Cannabis Patient Services Program Relocating (June 28, 2016)
- 12 New Licensed Non-Profit Producers for Medical Cannabis (October 5, 2015)
- Applicant Pool Narrowed for Medical Cannabis Producer Licenses (August 31, 2015)
- Medical Cannabis Licensed Non-Profit Producer Report (Report)
- Medical Cannabis Licensed Non-Profit Producer List (General)
- Medical Cannabis Licensed Non-Profit Producer Re-Licensures List for 2016/2017 (General)
- Medical Cannabis Renewal Applications Letter to Licensed Non-Profit Producers (General)
- Medical Cannabis Renewal Applications Letter to Law Enforcement Partners (General)
- Medical Cannabis Patient Info Change or Card Replacement (Form)