Duke Rodriguez Petition For Writ of Mandamus DOH

D-101-CV-2019-01967
FILED
1st JUDICIAL DISTRICT COURT
Santa Fe County
STATE OF NEW MEXICO 7/25/2019 2:43 PM
FIRST JUDICIAL DISTRICT COURT STEPHEN T. PACHECO
COUNTY OF SANTA FE CLERK OF THE COURT
Jennifer Romero
HAROLD MEYERS, LAURA SIAS, and

DUKE RODRIGUEZ
Petitioners,
v. No. _________________
KENNY VIGIL, in his official capacity as Medical

Cannabis Program Manager of the New Mexico
Department of Health,
Respondent.
VERIFIED PETITION FOR ALTERNATIVE WRIT OF MANDAMUS
COME NOW Petitioners Harold Meyers, Laura Sias, and Duke Rodriguez, by counsel
Egolf + Ferlic + Harwood, LLC (Brian Egolf and Kristina Caffrey, appearing) and petition this
Court for an alternative writ of mandamus, pursuant to NMSA 1978 § 44-2-4, to compel the
Secretary of the New Mexico Department of Health and the Department of Health Medical
Cannabis Program Manager to immediately issue registry identification cards to Harold Meyers,
Laura Sias, and Duke Rodriguez, because they are qualified patients pursuant to statutory
definitions. As of the date of this filing, the Department of Health’s Medical Cannabis Program
has refused to issue registry identification cards to eligible qualified patients, and in so doing it
has failed to perform a ministerial non-discretionary duty.
A proposed form of Writ of Mandamus accompanies this petition as Exhibit 1, is
incorporated herein fully by reference, and will also be submitted directly to the Court.
Jurisdiction and Venue
1. Harold Meyers is a resident of Dalhart, Texas who suffers from obstructive sleep
apnea, a debilitating medical condition.

2. Laura Sias is a resident of El Paso, Texas, who suffers from post-traumatic stress
disorder, a debilitating medical condition.
3. Duke Rodriguez is a resident of Scottsdale, Arizona, who suffers from post-
traumatic stress disorder, a debilitating medical condition.
4. Kenny Vigil is a state officers of the New Mexico Department of Health, which
has its offices located in Santa Fe, New Mexico.
5. Jurisdiction in Santa Fe County is proper pursuant to N.M.S.A. 1978 § 38-3-1(G).
Background of Medical Cannabis in New Mexico
6. The Lynn and Erin Compassionate Use Act (hereinafter “the Act”) legalized the
use and production of medical cannabis in New Mexico in 2007. See N.M.S.A. 1978 § 26-2B-1
et seq.
7. “The purpose of the Lynn and Erin Compassionate Use 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.” NMSA 1978, § 26-2B-2 (2007).
8. The Act provides for the licensure of patients, health care providers, caregivers,
cannabis manufacturers, and manufacturers of cannabis products by the MCP. NMSA 1978, §
26-2B-3 (2019).
9. The Lynn and Erin Compassionate Use Act was amended in 2019. The law
amending the Act, Laws 2019, Chapter 247, is attached here as Exhibit 2. The current text
available from the New Mexico Compilation Commission enacting and evidencing the
amendments is attached as Exhibit 2A.
10. The changes to the Act took effect on June 14, 2019.
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11. The Act charges the Department of Health (hereinafter “DOH”) with
administering the medical cannabis system in New Mexico. See N.M.S.A. 1978 § 26-2B-7
(2019) and § 26-2B-3 (2019).
12. DOH has created within itself the Medical Cannabis Program.
13. Kenny Vigil is the Program Manager of the Medical Cannabis Program.
14. The Act is premised upon certain categories of people and business being
exempted from penalties for activities involving cannabis.
15. Particularly, N.M.S.A. 1978 § 26-2B-4(A) (2019) states, “A qualified patient or a
qualified patient’s primary 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.”
16. Additionally, N.M.S.A. 1978 § 26-2B-4(F) (2019) states that a medical
“practitioner shall not be subject to arrest or prosecution, penalized in any manner or denied any
right or privilege for recommending the medical use of cannabis or providing written
certification for the medical use of cannabis pursuant to the Lynn and Erin Compassionate Use
Act.”
17. Additionally, N.M.S.A. 1978 § 26-2B-4(G) (2019) states that a licensed producer,
manufacturer, or testing facility “shall not be subject to arrest, prosecution or penalty, in any
manner, for the production, possession, manufacture, distribution, dispensing or testing of
cannabis pursuant to the Lynn and Erin Compassionate Use Act.”
18. In order for an individual to be allowed to purchase, possess, and consume
medical cannabis, a “qualified patient” must first obtain a “registry identification card,” which is
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issued by the DOH Medical Cannabis Program. See N.M.S.A. 1978 §26-2B-3(V) and (X) and
§26-2B-7(B).
19. An individual may “qualify” as a qualified patient if he or she “has been
diagnosed by a practitioner as having a debilitating medical condition and has received written
certification and a registry identification card.” N.M.S.A. 1978 §26-2B-3(V).
20. The “written certification” comes from a medical practitioner. The definition of
“written certification” within the Act is “a statement made on a department-approved form and
signed by a patient’s practitioner that indicates, in the practitioner’s professional opinion, that the
patient has a debilitating medical condition and the practitioner believes that the potential health
benefits of the medical use of cannabis would likely outweigh the health risks for the patient.”
N.M.S.A. 1978 §26-2B-3(BB) (2019).
21. The Act also contains a definition of “practitioner,” which is “a person licensed in
New Mexico to prescribe and administer drugs that are subject to the Controlled Substances
Act.” N.M.S.A. 1978 §26-2B-3(S) (2019).
22. The Compassionate Use Act includes a list of medical conditions that are
considered to be a “debilitating medical condition,” and having one of those conditions will
make an individual eligible to be qualified to legally purchase and use medical cannabis in New
Mexico. Rather, the Act lists several specific medical conditions that may make an individual
eligible to be qualified to legally purchase and use medical cannabis in New Mexico. Those
specific medical conditions are listed at N.M.S.A. 1978, § 26-2B-3(J).
23. A registry identification card issued allows a qualified patient to legally purchase
cannabis from a licensed producer and allows the qualified patient to use and transport cannabis
intra-state without penalty. N.M.S.A. 1978 §26-2B-3(X).
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24. The registry identification is issued by the Department of Health. N.M.S.A. 1978
§26-2B-3(X).
25. The Act specifically states when and under what conditions DOH must issue a
registry identification card to an individual. N.M.S.A. 1978 §26-2B-7(B) states, “The
department shall issue registry identification cards to a patient and to the primary caregiver for
that patient, if any, who submit the following, in accordance with the department's rules: (1)
a written certification; (2) the name, address and date of birth of the patient; (3) the name,
address and telephone number of the patient's practitioner; and (4) the name, address and date of
birth of the patient's primary caregiver, if any” (emphasis added).
26. The Lynn and Erin Compassionate Use Act was amended in 2019 with the stated
purpose of “to expand eligibility…and to establish new qualifying medical conditions, civil
protections, and interstate and tribal reciprocity.” Senate 406, as passed and signed and enrolled
into effect, attached here as Exhibit 2 and Exhibit 2A.
27. The 2019 amendments to the Act changed the definition of “qualified patient.”
28. Prior to the 2019 amendments to the Act, the definition of qualified patient was “a
resident of New Mexico who has been diagnosed by a practitioner as having a debilitating
medical condition and has received written certification and a registry identification card”
(emphasis added). See Senate Bill 406, Page 12, attached hereto as Exhibit 2.
29. The 2019 amendments changed the definition of qualified patient to “a person
who has been diagnosed by a practitioner as having a debilitating medical condition and has
received written certification and a registry identification card...” (emphasis added). N.M.S.A.
1978 §26-2B-3(V). Id.
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30. By making this change to the law, the Legislature removed the requirement that
an applicant for a registry identification card be a “resident of New Mexico.”
31. The issue presented by this petition for writ of mandamus is whether the
Department must issue registry identification cards to persons not residents of New Mexico who
meet all other conditions of the definition of “qualified patient.”
Issuance of Registry Identification Cards Is Ministerial and Non-Discretionary
32. The Department of Health’s issuance of registry identification cards for use,
possession, and purchase of medical cannabis is a non-discretionary function.
possession, and purchase of medical cannabis is a purely ministerial function.
34. This is apparent from both the words of the statute and from prior caselaw.
35. “Mandamus lies to compel the performance of a ministerial act or duty that is
clear and indisputable.” New Energy Econ., Inc. v. Martinez, 2011–NMSC–006, ¶ 10, 149 N.M.
207, 247 P.3d 286.
36. “A ministerial act is an act which an officer performs under a given state of facts,
in a prescribed manner, in obedience to a mandate of legal authority, without regard to the
exercise of his own judgment upon the propriety of the act being done.” Id. ¶ 10
37. N.M.S.A. 1978 §26-2B-7(B) states, “The department shall issue registry
identification cards to a patient and to the primary caregiver for that patient, if any, who submit
the following, in accordance with the department’s rules: (1) a written certification; (2) the name,
address and date of birth of the patient; (3) the name, address and telephone number of the
patient’s practitioner; and (4) the name, address and date of birth of the patient’s primary
caregiver, if any.” (emphasis added).
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38. The word “shall” indicates a ministerial action without the availability of
discretion.
39. N.M.S.A. 1978 §26-2B-7(C) (2019) further states, “The department shall verify
the information contained in an application submitted pursuant to Subsection B of this section
and shall approve or deny an application within thirty days of receipt. The department may
deny an application only if the applicant did not provide the information required
pursuant to Subsection B of this section or if the department determines that the
information provided is false” (emphasis added).
40. The Uniform Statute and Rule Construction Act governs how certain words and
expressions in statute are to be interpreted. N.M.S.A. 1978 § 12-2A-4(A).
41. N.M.S.A. 1978 § 12-2A-4(A) states that the words “shall” and “must” “express a
duty, obligation, requirement or condition precedent.”
42. “One of the canons of statutory construction states that the words ‘shall’ and
‘will’ are mandatory and ‘may’ is permissive or directory.” Montano v. Los Alamos County,
1996-NMCA-108, ¶ 5.
43. Because N.M.S.A. 1978 §26-2B-7(B) states DOH “shall issue registry
identification cards,” the Department’s issuance of the cards is a mandatory duty that is clear,
indisputable, and obligatory.
44. Furthermore, NMSA 1978, §26-2B-7(B) describes the “given state of facts” under
which DOH must issue the registry identification card.
45. NMSA 1978, § 26-2B-7(B) lists four, and only four, pieces of information that are
required for submission by a prospective patient.
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46. Additionally, NMSA 1978, § 26-2B-7(C) states, “The department may deny an
application only if the applicant did not provide the information required pursuant to
Subsection B of this section or if the department determines that the information provided
is false,” which precludes the Department of Health from requiring any other pieces of
information other than the four pieces listed in §26-2B-7(B) (emphasis added).
47. While NMSA 1978, §26-2B-7(B) contains the phrase “who submit the following,
in accordance with Department rules,” this phrase refers merely to the manner of submission of
the four listed pieces of information, rather than the substance of the information required.
48. Thus, the Department can issue rules requiring the use of a form or requiring that
submissions be typed, or requiring the usage of blue ink rather than black ink, or specifying the
person to whom the application should be addressed.
49. “In accordance with Department rules” does not work to enlarge the Department’s
discretionary power over the issuance of registry identification facts; rather, it only works to
recognize the Department’s ability to specify the manner in which patients should submit
applications for registry identification cards.
50. NMSA 1978, §26-2B-7(C) emphasizes that the Department does not have
discretion regarding what pieces of information are necessary to receive a registry identification
card: “The department may deny an application only if the applicant did not provide the
information required pursuant to Subsection B of this section or if the department determines that
the information provided is false.”
51. In addition to the statutory language being obviously mandatory and ministerial,
there is legal precedent regarding DOH’s lack of discretion over registry identification cards.
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52. Case D-101-CV-2014-00140, Carola Kieve v. New Mexico Department of Health,
involved issuance of registry identification cards as well.
53. The Court’s final order in that case, which is attached here as Exhibit 3, states “As
part of an initial application for a patient card, the Department may require from patients and
their practitioners no more information that what is included in NMSA 1978 § 26-2B-3(H)” and
“The Department may require a practitioner to submit a ‘written certification’ in support of a
patient’s application, but the Department may not require that the ‘written certification’ contain
any information or attestation that is not expressly required by the Act” (Order, page 3).
54. The Kieve case reinforces that DOH may not add requirements beyond what is in
statute for registry identification card issuance.
55. As explained further below, DOH currently requires prospective qualified patients
to submit a copy of a New Mexico driver’s license, in order to prove New Mexico residency.
56. The current application form used by DOH is attached here as Exhibit 4. It
requires patients applicants to submit a “clear copy of your current New Mexico Driver’s
License or New Mexico photo ID.”
57. DOH’s requirement of a copy of a New Mexico driver’s license is, in and of
itself, a violation of law even as to New Mexico residents.
58. The statute does not require submission of a driver’s license from anyone,
resident or not.
59. The requirement of a driver’s license is directly contrary to statute and to the
Kieve ruling.
60. The Court must order Respondents to cease requiring driver’s licenses and to
issue registry identification cards without submission of driver’s licenses.
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Persons Not New Mexico Residents Are Eligible to Be Qualified Patients and Must
Receive Registry Identification Cards
61. The plain language of the 2019 Lynn and Erin Compassionate Use Act indicates
that non-New Mexico-residents may obtain registry identification cards and participate in the
state’s medical cannabis program.
that DOH must issue a registry identification card to an out-of-state resident who otherwise
meets the requirements for obtaining a card.
63. “When interpreting a statute, a court’s primary goal is to facilitate and promote
the Legislature’s purpose.” Gandydancer, LLC v. Rock Hosue CGM, LLC, 2018-NMCA-064, ¶
7.”
64. “In discerning that purpose, ‘we look first to the plain language of the statute,
giving the words their ordinary meaning, unless the Legislature indicates a different one was
intended.’” Id., quoting Flores v. Herrera, 2016-NMSC-033, ¶ 8, 384 P.3d 1070.
65. In another mandamus case, the Supreme Court stated, “A statute must be read and
given effect as it is written by the Legislature, not as the court may think it should be or would
have been written if the Legislature had envisaged all the problems and complications which
might arise…Courts must take the act as they find it and construe it according to the plain
meaning of the language employed.” Perea v. Baca, 1980-NMSC-079, ¶ 22, 94 N.M. 624.
66. The plain language of the current definition of qualified patient indicates that the
qualified patient need not be a New Mexico resident.
67. The language is “a person who has been diagnosed by a practitioner as having a
debilitating medical condition and has received written certification and a registry identification
card...” (emphasis added). N.M.S.A. 1978 §26-2B-3(V).
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68. A “person” is simply that: a human being, regardless of whether they are a New
Mexico resident or not.
69. Additionally, the word “person” replaces “New Mexico resident,” Which was
found in the law prior to the 2019 changes to the law. The replacement is a clear sign of
legislative intent to widen the reach of eligibility for the New Mexico medical cannabis program.
70. DOH has informally indicated, since the passage of the 2019 amendments, that
the change from “resident of New Mexico” to “person” was only done to accommodate the
addition of “reciprocal participants.”
71. This argument is unavailing.
72. The 2019 amendments added a new definition of “reciprocal participant” to the
Act, which is “an individual who holds proof of authorization to participate in the medical
cannabis program of another state of the United States, the District of Columbia, a territory or
commonwealth of the United States or a New Mexico Indian nation, tribe or pueblo.”
73. The Act does not require DOH to promulgate rules regarding reciprocal
participants until 2020: “By March 1, 2020, the secretary of health shall adopt and promulgate
rules relating to medical cannabis program reciprocity. The department may identify
requirements for the granting of reciprocity, including provisions limiting the period of time in
which a reciprocal participant may participate in the medical cannabis program.” N.M.S.A. 1978
§ 26-2B-7(I).
74. While DOH may wish to believe that reciprocal participants are a mere sub-set of
qualified patients, there is ample evidence from the statute indicating that “reciprocal
participants” are an entirely different category of card-holders separate and apart from “qualified
patients.”
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75. First, the definition of “registry identification card” at NMSA 1978, § 26-2B-3(X)
says it is a card issued to a “qualified patient” or “primary caregiver,” but not to a reciprocal
participant.
76. Second, NMSA 1978, § 26-2B-4, the section of the Act exempting MCP
participants from criminal penalties for their participation in cannabis-related activities contains
one exemption from prosecution for “qualified patients” and another separate exemption for
“reciprocal participants.” Thus, reciprocal participants and “qualified patients” are listed
separately as separate categories of eligible users by the Act itself. If reciprocal participants
were merely a subset of qualified patients, there would be no need to grant them separate explicit
exemptions.
77. Third, “qualified patients” are authorized to possess an “adequate supply” of
medical cannabis, while reciprocal participants are allowed to possess “not more than the limit
identified by department rule” under § 26-2B-4(C) (stating that “a qualified patient or primary
caregiver [may purchase] not more than an adequate supply from a lawful source,” while a
“reciprocal participant [may] purchas[e] or obtain[] not more than the limit identified by
department rule”).
78. Again, if reciprocal participants were merely a subset of qualified patients, there
would be no need to set different purchase limitations for the two different classes.
79. Fourth, the Medical Advisory Board of the Medical Cannabis Program is charged
with recommending “quantities of cannabis that are necessary to constitute an adequate supply
for qualified patients and primary caregivers,” and also with recommending “quantities of
cannabis that a reciprocal participant may obtain and possess.” N.M.S.A. 1978 § 26-2B-6.
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80. This again demonstrates that “qualified patients” is not simply an umbrella term
that incorporates “reciprocal participants,” because qualified patients are subject to different
possession limitations than reciprocal participants.
81. Fifth, reciprocal participants “shall not be required to comply with the registry
identification card application and renewal requirements.” N.M.S.A. 1978 §26-2B-7(J).
82. The definition of “qualified patient” is “a person who has been diagnosed by a
practitioner as having a debilitating medical condition and has received written certification and
a registry identification card...” N.M.S.A. 1978 §26-2B-3(V) (2019).
83. A qualified patient has received a registry identification card, but reciprocal
participants do not receive registry identification cards. Therefore, a reciprocal participant is not
a qualified patient.
84. Therefore, the two classes are entirely different, and the definition of “qualified
patient” does not subsume the definition of reciprocal participant.
85. Additionally, the difference between a reciprocal participant and a non-New
Mexico resident qualified patient is that a reciprocal participant must be a resident of a state that
allows medical cannabis for that person’s individual health condition.
86. If a person lives in a state that does not allow medical cannabis, or does not allow
it for that person’s particular condition, that person cannot be a “reciprocal participant.”
87. Sixth, the stated purpose of the 2019 amendments was to “expand eligibility…and
to establish new qualifying medical conditions, civil protections, and interstate and tribal
reciprocity,” indicating that expanded access (expanding the definition of qualified patient) and
establishing reciprocity are two different parts of the statute.
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88. The plain language of the definition of “qualified patient,” together with the larger
structure of the statute, includes New Mexico residents and non-New Mexico residents.
89. Further revealing the intent to allow non-residents to participate in the Medical
Cannabis Program is the requirement that patients must receive written certifications from
“practitioners,” and the definition of “practitioner” is a medical professional “a person licensed
in New Mexico to prescribe and administer drugs that are subject to the Controlled Substances
Act.” N.M.S.A. 1978 §26-2B-3(S) (2019).
90. The 2019 amendments to the Act do not obviate the requirement that a qualified
patient by certified by a New Mexico-licensed practitioner.
91. Therefore, a non-New Mexico resident must still receive a certification from a
medical practitioner licensed in New Mexico in order to receive a registry identification card.
92. Additionally, the 2019 amendments to the Compassionate Use Act included a
provision for the creation of “cannabis consumption areas.” These “cannabis consumption
areas” are defined as “an area within a licensed premises approved by the department where
cannabis may be consumed that complies with rule as established by the department.” N.M.S.A.
1978 §26-2B-3(C) 2019; see Exhibit 2, statutory amendments, at pages 7 and 28.
93. There are many conceivable classes of non-New Mexico residents who may wish
to participate in New Mexico’s medical cannabis program as a qualified patient.
94. Those classes include, but are not limited to, out-of-state residents receiving
medical treatment in New Mexico and staying here for an extended period, but not long enough
to qualify as a resident; out-of-state residents who have second homes in New Mexico and do not
spend enough time in New Mexico to qualify as a resident; out-of-state residents who regularly
visit relatives, friends, or business interests in New Mexico and wish to maintain continuity of
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cannabis ingestion during their visits; out-of-state residents contemplating or completing a move
to New Mexico who have not yet established residency; out-of-state residents who wish to come
to New Mexico to determine if and how medical cannabis helps their debilitating medical
conditions; a college student attending an institute of higher learning in New Mexico who will
not qualify as a New Mexico resident during their college attendance; a visiting or interning
scientist at one of New Mexico’s scientific laboratories who will not stay long enough to
establish official residence in New Mexico.
95. Allowing non-residents to participate in a state medical cannabis program has
occurred and still occurs in other states and U.S. territories. Prior to 2016, Oregon statute stated
that cannabis authorization cards were to be issued to “persons who meet the requirements” (see
Opinion of Oregon Attorney General, June 14, 2010, attached here as Exhibit 5). The Oregon
Attorney General stated in an opinion that the Oregon medical cannabis statute “contains no
Oregon residency requirement for obtaining an Oregon registry identification card.”
96. The Oregon Attorney General opinion also discussed the fact that Oregon still
required an Oregon medical practitioner to make a certification for a patient. The Oregon
Attorney General commented that physicians have reciprocity in licensing, that there need not be
a long-term relationship between an Oregon physician and a prospective patient, and that the
difficulty a nonresident might encounter in finding an Oregon physician was not an impediment
sufficient to restrict non-residents from access (see opinion at page 3).
97. California law also currently does not have a residency requirement. Under CA
Health & Safety Code Section 11362.712, a “qualified patient” must possess a “physician’s
recommendation” to access medical cannabis at reduced prices (California also has legalized
recreational cannabis, but medical cannabis can be purchased without sales tax). The definition
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of “qualified patient” is “ a person who is entitled to the protections of Section 11362.5, but who
does not have an identification card issued pursuant to this article.” CA Health & Safety Code
Section 11362.7.
98. California’s governmental website contains a Frequently Asked Questions Page.
One of the questions is “Can I use cannabis,” with the answer stating, “You can legally use
cannabis if you are 21 or older. You can also use cannabis if you are 18 or older and have a
current qualifying physician’s recommendation or a valid county-issued medical marijuana
identification card.”1
99. The United States Virgin Islands explicitly has a definition for and a category for
“Nonresident in-patient cardholder.” See V.I. St. Title 19, Section 776.
100. The Act clearly allows non-New Mexico residents to become qualified patients
and purchase medical cannabis lawfully within New Mexico.
101. The Act does not allow non-New Mexico residents to transport cannabis across
state lines.
102. Any non-New Mexico resident who becomes a qualified patient does so with the
understanding that their use of cannabis is still subject to other laws, including laws prohibiting
the transport of cannabis across state lines.
103. The Petitioners in this case do not advocate for interstate transportation of
cannabis, and they do not argue that the Act makes such interstate transportation legal.
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California recently overhauled its cannabis laws. Now, registry identification cards are optional and governed by
counties. Many counties do require proof of residency to issue the cards, but a person does not need a card to
purchase medical cannabis; the person needs only the physician recommendation.
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104. Out-of-state residents who apply for registry identification cards in New Mexico
may and should be educated regarding the legal consequences of transporting cannabis into or
out of New Mexico.
105. The requirements for issuance of a medical cannabis registry identification care
from the New Mexico Department of Health Medical Cannabis Program are clear.
106. First, the applicant must be a “person.” N.M.S.A. 1978 §26-2B-3(V) (2019).
107. The applicant person must have one of the debilitating medical conditions listed at
N.M.S.A. 1978 § 26-2B-3(J) (2019).
108. The applicant person must obtain a “a statement made on a department-approved
form and signed by” a medical practitioner “licensed in New Mexico to prescribe and administer
drugs that are subject to the Controlled Substances Act” “that indicates, in the practitioner’s
professional opinion, that the patient has a debilitating medical condition and the practitioner
believes that the potential health benefits of the medical use of cannabis would likely outweigh
the health risks for the patient.” N.M.S.A. 1978 §26-2B-3(BB) and §26-2B-3(S) (2019).
109. The applicant person must submit the written certification to the Department of
Health along with the name, address and date of birth of the patient and the name, address and
telephone number of the patient’s practitioner.
Petitioners Are Out of State Residents Denied Registry Identification Cards
110. Petitioner Duke Rodriguez is a resident of Scottsdale, Arizona.
111. Mr. Rodriguez suffers from post-traumatic stress disorder.
112. Mr. Rodriguez owns a home in New Mexico, but he does not spend the requisite
number of days in New Mexico to be considered a “resident” under IRS definitions.
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113. Mr. Rodriguez is a principle of several businesses in New Mexico and comes to
New Mexico frequently to conduct business here.
114. Mr. Rodriguez also has immediate family members in New Mexico, and he
travels here frequently to see these family members.
115. Mr. Rodriguez does not wish to transport cannabis across the border between
Arizona and New Mexico, as that transport is illegal.
116. However, Mr. Rodriguez wishes to maintain his regimen of cannabis medication
while in New Mexico.
117. Mr. Rodriguez intends to consume cannabis at his home in New Mexico when he
comes to New Mexico to visit family or conduct business.
118. Mr. Rodriguez obtained a written certification from a New Mexico-licensed
practitioner.
119. Mr. Rodriguez submitted the written certification to DOH on the form prescribed
by DOH, along with the names and addresses of him/herself and the practitioner who issued the
certification.
120. DOH issued a denial letter. The denial letter is attached here as Exhibit 6.
121. The reasons DOH gave for the denial were “ID you sent was from outside New
Mexico,” and “it does not contain a New Mexico address or New Mexico County of Residence.”
122. Petitioner Harold Meyers is a resident of Dalhart, Texas.
123. Mr. Meyers suffers from obstructive sleep apnea.
124. Dalhart, Texas is just over the state line from Clayton, New Mexico.
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125. Mr. Meyers owns and operates several small business located in New Mexico,
including a retail liquor store and a check-cashing store. Meyers also leases and operates several
cattle ranches in New Mexico.
126. Mr. Meyers spends approximately three days per week in New Mexico, and does
not qualify as a “resident” of New Mexico, nor does he have a New Mexico driver’s license.
127. Mr. Meyers intends to travel to New Mexico from Dalhart, purchase medical
cannabis at a dispensary, and consume it within New Mexico.
128. Mr. Meyers obtained a written certification from a New Mexico-licensed
practitioner.
129. Mr. Meyers submitted the written certification to DOH on the form prescribed by
DOH, along with the names and addresses of him/herself and the practitioner who issued the
certification.
131. The basis for DOH’s denial was lack of a New Mexico driver’s license or ID card.
132. Petitioner Laura Sias is a resident of El Paso, Texas.
133. Ms. Sias suffers from post-traumatic stress disorder.
134. Ms. Sias’s brother and best friend both live in Las Cruces New Mexico, and she
visits them frequently.
135. Ms. Sias would like to obtain medical cannabis to alleviate the symptoms of her
post-traumatic stress disorder.
136. Ms. Sias intends to travel to Las Cruces from El Paso, purchase medical cannabis
at a dispensary, and consume it at her brother’s residence or best friend’s residence.
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137. Ms. Sias has considered moving to New Mexico in order to obtain medical
cannabis lawfully, but her partner works in El Paso, and they cannot make the move to New
Mexico.
138. Ms. Sias obtained a written certification from a New Mexico-licensed
practitioner.
139. Ms. Sias submitted the written certification to DOH on the form prescribed by
DOH, along with the names and addresses of herself and the practitioner who issued the
certification.
142. All of these Petitioners met the qualifications described above at Paragraphs 106
but were nevertheless denied their registry identification cards by DOH.
Cause of Action One: Mandamus
207, 247 P.3d 286.
145. Kenny Vigil owes a ministerial duty to issue medical cannabis registry
identification cards to any person—whether a resident of New Mexico or not—who submits the
written certification and other items listed in N.M.S.A. 1978 § 26-2B-7(B).
20
146. Petitioners all submitted registry identification card applications to the
Department of Health that met the statutory criteria for issuance of a card.
147. As such, Kenny Vigil has a ministerial duty to Petitioners to issue the registry
identification cards.
148. This duty is clear and indisputable.
149. The issuance of registry identification cards are acts which Defendants perform
under a given state of facts, in a prescribed manner, in obedience to a mandate of legal authority,
and without regard to the exercise of their own judgment upon the propriety of the particular
individual obtaining such a card.
150. The “given state of facts” here is 1) being a person; 2) the person having one of
the debilitating medical conditions listed in statute; 3) the person obtaining “a statement made on
a department-approved form and signed by” a medical practitioner “licensed in New Mexico to
prescribe and administer drugs that are subject to the Controlled Substances Act” “that indicates,
in the practitioner’s professional opinion, that the patient has a debilitating medical condition and
the practitioner believes that the potential health benefits of the medical use of cannabis would
likely outweigh the health risks for the patient; and 4) the person submitting the written
certification to the Department of Health along with the name, address and date of birth of the
patient and the name, address and telephone number of the patient’s practitioner.
151. The prescribed manner here is the person’s submission of this information on the
DOH-prescribed form.
152. The mandate of legal authority is found in NMSA § 26-2B-7(B).
21
153. The lack of DOH’s power to exercise its judgment in determining whether to
issue a registry identification card is shown by the lack of any such delegation of power in the
Lynn and Erin Compassionate Use Act.
154. Mandamus will issue if there is no “plain, speedy and adequate remedy in the
ordinary course of law.” NMSA 1978, § 44–2–5 (1884).
155. Petitioners have no other mechanism to challenge DOH’s denial of their
156. Petitioners do not have a plain, speedy, and adequate remedy in the ordinary
course of law.
157. A proposed form of alternative writ of mandamus is included with this
Application.
Request for Relief
Petitioners requests the Court:
158. Issue a writ of mandamus requiring that Mr. Vigil issue a registry identification
card to the Petitioners and any other person, whether a New Mexico resident or not, who 1) has
one of the debilitating medical conditions listed in statute; 2) has obtained “a statement made on
likely outweigh the health risks for the patient;” and 3) has submitted that statement to the
Department of Health along with the name, address and date of birth of the patient and the name,
address and telephone number of the patient’s practitioner.
22
B. Award Petitioners their damages, costs, and fees pursuant to NMSA § 44-2-12
and 44-6-11.
C. Direct Defendants to appropriately process registry identification cards in a timely
and legally compliant manner.
D. Award any such other relief as the Court deems just and proper.
Respectfully submitted,
EGOLF + FERLIC +
MARTINEZ + HARWOOD, LLC
By: /s/ Kristina Caffrey

Kristian Caffrey
Brian Egolf
123 W. San Francisco St., Second Floor
Santa Fe, NM 87501
(505) 986-9641
Kristina@EgolfLaw.com
Brian@EgolfLaw.com
Attorneys for Petitioners
23
VERIFICATION
I have read the foregoing Petition for Writ of Mandamus and swear that the foregoing is
true and correct to the best of my knowledge.
!L/@F
Harold Meyers
Subscribed and sworn before me this ~ -5.J.>aay of -:::)"'-') y '2019.
~~
Notary Public
My Commission expires:
Exhibit 1
STATE OF NEW MEXICO

FIRST JUDICIAL DISTRICT COURT
COUNTY OF SANTA FE
HAROLD MEYERS, LAURA SIAS, and

DUKE RODRIGUEZ
Petitioners,
v. No. _________________
KENNY VIGIL, in his official capacity as Medical

Cannabis Program Manager of the New Mexico
Department of Health.
Respondent.
ALTERNATIVE WRIT OF MANDAMUS
TO: Kenny Vigil, Program Manager of Department of Health Medical Cannabis Program
GREETINGS. WHEREAS it appears to the Court as follows:
1. Petitioners are non-New Mexico residents who wish to participate in New
Mexico’s Medical Cannabis and become “qualified patients;” Petitioners meet the statutory
qualifications for qualified patients pursuant to the Lynn and Erin Compassionate Use Act.
2. Petitioners have petitioned this Court for an alternative writ of mandamus. The
Petition is attached hereto as Exhibit A. All allegations found in the Petition that are not
repeated herein are incorporated by reference.
3. The Lynn and Erin Compassionate Use Act (hereinafter “the Act”) legalized the
use and production of medical cannabis in New Mexico in 2007. See N.M.S.A. 1978 § 26-2B-1
et seq.
4. “The purpose of the Lynn and Erin Compassionate Use 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.” NMSA 1978, § 26-2B-2 (2007).
1
5. The Act provides for the licensure of patients, health care providers, caregivers,
cannabis manufacturers, and manufacturers of cannabis products by the MCP. NMSA 1978, §
26-2B-3 (2019).
6. The Lynn and Erin Compassionate Use Act was amended in 2019.
7. The changes to the Act took effect on June 14, 2019.
8. The Act charges the Department of Health (hereinafter “DOH”) with
administering the medical cannabis system in New Mexico. See N.M.S.A. 1978 § 26-2B-7
(2019) and § 26-2B-3 (2019).
9. DOH has created within itself the Medical Cannabis Program.
10. Kenny Vigil is the Program Manager of the Medical Cannabis Program.
11. The Act is premised upon certain categories of people and business being
exempted from penalties for activities involving cannabis.
12. Particularly, N.M.S.A. 1978 § 26-2B-4(A) (2019) states, “A qualified patient or a
qualified patient’s primary 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.”
13. Additionally, N.M.S.A. 1978 § 26-2B-4(F) (2019) states that a medical
“practitioner shall not be subject to arrest or prosecution, penalized in any manner or denied any
right or privilege for recommending the medical use of cannabis or providing written
certification for the medical use of cannabis pursuant to the Lynn and Erin Compassionate Use
Act.”
14. Additionally, N.M.S.A. 1978 § 26-2B-4(G) (2019) states that a licensed producer,
manufacturer, or testing facility “shall not be subject to arrest, prosecution or penalty, in any
2
manner, for the production, possession, manufacture, distribution, dispensing or testing of
cannabis pursuant to the Lynn and Erin Compassionate Use Act.”
15. In order for an individual to be allowed to purchase, possess, and consume
medical cannabis, a “qualified patient” must first obtain a “registry identification card,” which is
issued by the DOH Medical Cannabis Program. See N.M.S.A. 1978 §26-2B-3(V) and (X) and
§26-2B-7(B).
16. An individual may “qualify” as a qualified patient if he or she “has been
diagnosed by a practitioner as having a debilitating medical condition and has received written
certification and a registry identification card.” N.M.S.A. 1978 §26-2B-3(V).
17. The “written certification” comes from a medical practitioner. The definition of
“written certification” within the Act is “a statement made on a department-approved form and
signed by a patient’s practitioner that indicates, in the practitioner’s professional opinion, that the
benefits of the medical use of cannabis would likely outweigh the health risks for the patient.”
N.M.S.A. 1978 §26-2B-3(BB) (2019).
18. The Act also contains a definition of “practitioner,” which is “a person licensed in
New Mexico to prescribe and administer drugs that are subject to the Controlled Substances
Act.” N.M.S.A. 1978 §26-2B-3(S) (2019).
19. The Compassionate Use Act includes a list of medical conditions that are
considered to be a “debilitating medical condition,” and having one of those conditions will
make an individual eligible to be qualified to legally purchase and use medical cannabis in New
Mexico. Rather, the Act lists several specific medical conditions that may make an individual
3
eligible to be qualified to legally purchase and use medical cannabis in New Mexico. Those
specific medical conditions are listed at N.M.S.A. 1978, § 26-2B-3(J).
20. A registry identification card issued allows a qualified patient to legally purchase
cannabis from a licensed producer and allows the qualified patient to use and transport cannabis
intra-state without penalty. N.M.S.A. 1978 §26-2B-3(X).
21. The registry identification is issued by the Department of Health. N.M.S.A. 1978
§26-2B-3(X).
22. The Act specifically states when and under what conditions DOH must issue a
registry identification card to an individual. N.M.S.A. 1978 §26-2B-7(B) states, “The
department shall issue registry identification cards to a patient and to the primary caregiver for
that patient, if any, who submit the following, in accordance with the department's rules: (1)
a written certification; (2) the name, address and date of birth of the patient; (3) the name,
address and telephone number of the patient's practitioner; and (4) the name, address and date of
birth of the patient's primary caregiver, if any” (emphasis added).
23. The 2019 amendments to the Act changed the definition of “qualified patient.”
24. Prior to the 2019 amendments to the Act, the definition of qualified patient was “a
resident of New Mexico who has been diagnosed by a practitioner as having a debilitating
medical condition and has received written certification and a registry identification card”
(emphasis added). See Senate Bill 406, Page 12.
25. The 2019 amendments changed the definition of qualified patient to “a person
who has been diagnosed by a practitioner as having a debilitating medical condition and has
received written certification and a registry identification card...” (emphasis added). N.M.S.A.
1978 §26-2B-3(V). Id.
4
26. By making this change to the law, the Legislature removed the requirement that
an applicant for a registry identification card be a “resident of New Mexico.”
Issuance of Registry Identification Cards Is Ministerial and Non-Discretionary
possession, and purchase of medical cannabis is a non-discretionary function.
possession, and purchase of medical cannabis is a purely ministerial function.
29. This is apparent from both the words of the statute and from prior caselaw.
207, 247 P.3d 286.
32. N.M.S.A. 1978 §26-2B-7(B) states, “The department shall issue registry
identification cards to a patient and to the primary caregiver for that patient, if any, who submit
the following, in accordance with the department’s rules: (1) a written certification; (2) the name,
address and date of birth of the patient; (3) the name, address and telephone number of the
patient’s practitioner; and (4) the name, address and date of birth of the patient’s primary
caregiver, if any.” (emphasis added).
33. The word “shall” indicates a ministerial action without the availability of
discretion.
5
34. N.M.S.A. 1978 §26-2B-7(C) (2019) further states, “The department shall verify
the information contained in an application submitted pursuant to Subsection B of this section
and shall approve or deny an application within thirty days of receipt. The department may
deny an application only if the applicant did not provide the information required
pursuant to Subsection B of this section or if the department determines that the
information provided is false” (emphasis added).
35. The Uniform Statute and Rule Construction Act governs how certain words and
expressions in statute are to be interpreted. N.M.S.A. 1978 § 12-2A-4(A).
36. N.M.S.A. 1978 § 12-2A-4(A) states that the words “shall” and “must” “express a
duty, obligation, requirement or condition precedent.”
37. “One of the canons of statutory construction states that the words ‘shall’ and
‘will’ are mandatory and ‘may’ is permissive or directory.” Montano v. Los Alamos County,
1996-NMCA-108, ¶ 5.
38. Because N.M.S.A. 1978 §26-2B-7(B) states DOH “shall issue registry
identification cards,” the Department’s issuance of the cards is a mandatory duty that is clear,
indisputable, and obligatory.
39. Furthermore, NMSA 1978, §26-2B-7(B) describes the “given state of facts” under
which DOH must issue the registry identification card.
40. NMSA 1978, § 26-2B-7(B) lists four, and only four, pieces of information that are
required for submission by a prospective patient.
41. Additionally, NMSA 1978, § 26-2B-7(C) states, “The department may deny an
application only if the applicant did not provide the information required pursuant to
Subsection B of this section or if the department determines that the information provided
6
is false,” which precludes the Department of Health from requiring any other pieces of
information other than the four pieces listed in §26-2B-7(B) (emphasis added).
42. While NMSA 1978, §26-2B-7(B) contains the phrase “who submit the following,
in accordance with Department rules,” this phrase refers merely to the manner of submission of
the four listed pieces of information, rather than the substance of the information required.
43. “In accordance with Department rules” does not work to enlarge the
Department’s discretionary power over the issuance of registry identification facts; rather, it only
works to recognize the Department’s ability to specify the manner in which patients should
submit applications for registry identification cards.
44. NMSA 1978, §26-2B-7(C) emphasizes that the Department does not have
discretion regarding what pieces of information are necessary to receive a registry identification
card: “The department may deny an application only if the applicant did not provide the
information required pursuant to Subsection B of this section or if the department determines that
the information provided is false.”
45. In addition to the statutory language being obviously mandatory and ministerial,
there is legal precedent regarding DOH’s lack of discretion over registry identification cards.
46. Case D-101-CV-2014-00140, Carola Kieve v. New Mexico Department of Health,
involved issuance of registry identification cards as well.
47. The Court’s final order in that case states “As part of an initial application for a
patient card, the Department may require from patients and their practitioners no more
information that what is included in NMSA 1978 § 26-2B-3(H)” and “The Department may
require a practitioner to submit a ‘written certification’ in support of a patient’s application, but
7
the Department may not require that the ‘written certification’ contain any information or
attestation that is not expressly required by the Act” (Order, page 3).
48. The Kieve case reinforces that DOH may not add requirements beyond what is in
statute for registry identification card issuance.
49. As explained further below, DOH currently requires prospective qualified patients
to submit a copy of a New Mexico driver’s license, in order to prove New Mexico residency.
50. The current application form used by DOH requires patients applicants to submit
a “clear copy of your current New Mexico Driver’s License or New Mexico photo ID.”
51. DOH’s requirement of a copy of a New Mexico driver’s license is, in and of
itself, a violation of law even as to New Mexico residents.
52. The statute does not require submission of a driver’s license from anyone,
resident or not.
53. The requirement of a driver’s license is directly contrary to statute and to the
Kieve ruling.
54. Respondent must cease requiring driver’s licenses and must issue registry
identification cards without submission of driver’s licenses.
Persons Not New Mexico Residents Are Eligible To Be Qualified Patients and Must
Receive Registry Identification Cards
that non-New Mexico-residents may obtain registry identification cards and participate in the
state’s medical cannabis program.
that DOH must issue a registry identification card to an out-of-state resident who otherwise
meets the requirements for obtaining a card.
8
57. “When interpreting a statute, a court’s primary goal is to facilitate and promote
the Legislature’s purpose.” Gandydancer, LLC v. Rock Hosue CGM, LLC, 2018-NMCA-064, ¶
7.”
58. “In discerning that purpose, ‘we look first to the plain language of the statute,
giving the words their ordinary meaning, unless the Legislature indicates a different one was
intended.’” Id., quoting Flores v. Herrera, 2016-NMSC-033, ¶ 8, 384 P.3d 1070.
59. In another mandamus case, the Supreme Court stated, “A statute must be read and
given effect as it is written by the Legislature, not as the court may think it should be or would
have been written if the Legislature had envisaged all the problems and complications which
might arise…Courts must take the act as they find it and construe it according to the plain
meaning of the language employed.” Perea v. Baca, 1980-NMSC-079, ¶ 22, 94 N.M. 624.
60. The plain language of the current definition of qualified patient indicates that the
qualified patient need not be a New Mexico resident.
61. The language is “a person who has been diagnosed by a practitioner as having a
debilitating medical condition and has received written certification and a registry identification
card...” (emphasis added). N.M.S.A. 1978 §26-2B-3(V).
62. A “person” is simply that: a human being, regardless of whether they are a New
Mexico resident or not.
63. Additionally, the word “person” replaces “New Mexico resident,” Which was
found in the law prior to the 2019 changes to the law. The replacement is a clear sign of
legislative intent to widen the reach of eligibility for the New Mexico medical cannabis program.
9
64. Although the Compassionate Use Act contains a definition of “reciprocal
participant,” a reciprocal participant is different than a “qualified patient,” and “reciprocal
participant” is not a subset of the term “qualified patient.”
65. The 2019 amendments added a new definition of “reciprocal participant” to the
Act, which is “an individual who holds proof of authorization to participate in the medical
cannabis program of another state of the United States, the District of Columbia, a territory or
commonwealth of the United States or a New Mexico Indian nation, tribe or pueblo.”
66. The Act does not require DOH to promulgate rules regarding reciprocal
participants until 2020: “By March 1, 2020, the secretary of health shall adopt and promulgate
rules relating to medical cannabis program reciprocity. The department may identify
requirements for the granting of reciprocity, including provisions limiting the period of time in
which a reciprocal participant may participate in the medical cannabis program.” N.M.S.A. 1978
§ 26-2B-7(I).
67. There is ample evidence from the statute indicating that “reciprocal participants”
are an entirely different category of card-holders separate and apart from “qualified patients.”
68. First, the definition of “registry identification card” at NMSA 1978, § 26-2B-3(X)
says it is a card issued to a “qualified patient” or “primary caregiver,” but not to a reciprocal
participant.
69. Second, NMSA 1978, § 26-2B-4, the section of the Act exempting MCP
participants from criminal penalties for their participation in cannabis-related activities contains
one exemption from prosecution for “qualified patients” and another separate exemption for
“reciprocal participants.” Thus, reciprocal participants and “qualified patients” are listed
separately as separate categories of eligible users by the Act itself. If reciprocal participants
10
were merely a subset of qualified patients, there would be no need to grant them separate explicit
exemptions.
70. Third, “qualified patients” are authorized to possess an “adequate supply” of
medical cannabis, while reciprocal participants are allowed to possess “not more than the limit
identified by department rule” under § 26-2B-4(C) (stating that “a qualified patient or primary
caregiver [may purchase] not more than an adequate supply from a lawful source,” while a
“reciprocal participant [may] purchas[e] or obtain[] not more than the limit identified by
department rule”).
71. If reciprocal participants were merely a subset of qualified patients, there would
be no need to set different purchase limitations for the two different classes.
72. Fourth, the Medical Advisory Board of the Medical Cannabis Program is charged
with recommending “quantities of cannabis that are necessary to constitute an adequate supply
for qualified patients and primary caregivers,” and also with recommending “quantities of
cannabis that a reciprocal participant may obtain and possess.” N.M.S.A. 1978 § 26-2B-6.
73. This again demonstrates that “qualified patients” is not simply an umbrella term
that incorporates “reciprocal participants,” because qualified patients are subject to different
possession limitations than reciprocal participants.
74. Fifth, reciprocal participants “shall not be required to comply with the registry
identification card application and renewal requirements.” N.M.S.A. 1978 §26-2B-7(J).
75. The definition of “qualified patient” is “a person who has been diagnosed by a
practitioner as having a debilitating medical condition and has received written certification and
a registry identification card...” N.M.S.A. 1978 §26-2B-3(V) (2019).
11
76. A qualified patient has received a registry identification card, but reciprocal
participants do not receive registry identification cards. Therefore, a reciprocal participant is not
a qualified patient.
77. Therefore, the two classes are entirely different, and the definition of “qualified
patient” does not subsume the definition of reciprocal participant.
78. Additionally, the difference between a reciprocal participant and a non-New
Mexico resident qualified patient is that a reciprocal participant must be a resident of a state that
allows medical cannabis for that person’s individual health condition.
79. If a person lives in a state that does not allow medical cannabis, or does not allow
it for that person’s particular condition, that person cannot be a “reciprocal participant.”
80. The plain language of the definition of “qualified patient,” together with the larger
structure of the statute, includes New Mexico residents and non-New Mexico residents.
81. Further revealing the intent to allow non-residents to participate in the Medical
Cannabis Program is the requirement that patients must receive written certifications from
“practitioners,” and the definition of “practitioner” is a medical professional “a person licensed
in New Mexico to prescribe and administer drugs that are subject to the Controlled Substances
Act.” N.M.S.A. 1978 §26-2B-3(S) (2019).
82. The 2019 amendments to the Act do not obviate the requirement that a qualified
patient by certified by a New Mexico-licensed practitioner.
83. Therefore, a non-New Mexico resident must still receive a certification from a
medical practitioner licensed in New Mexico in order to receive a registry identification card.
84. Additionally, the 2019 amendments to the Compassionate Use Act included a
provision for the creation of “cannabis consumption areas.” These “cannabis consumption
12
areas” are defined as “an area within a licensed premises approved by the department where
cannabis may be consumed that complies with rule as established by the department.” N.M.S.A.
1978 §26-2B-3(C) 2019.
85. There are many conceivable classes of non-New Mexico residents who may wish
to participate in New Mexico’s medical cannabis program as a qualified patient.
86. Those classes include, but are not limited to, out-of-state residents receiving
medical treatment in New Mexico and staying here for an extended period, but not long enough
to qualify as a resident; out-of-state residents who have second homes in New Mexico and do not
spend enough time in New Mexico to qualify as a resident; out-of-state residents who regularly
visit relatives, friends, or business interests in New Mexico and wish to maintain continuity of
cannabis ingestion during their visits; out-of-state residents contemplating or completing a move
to New Mexico who have not yet established residency; out-of-state residents who wish to spend
time in New Mexico to find out whether cannabis may help their medical conditions; a college
student attending an institute of higher learning in New Mexico who will not qualify as a New
Mexico resident during their college attendance; a visiting or interning scientist at one of New
Mexico’s scientific laboratories who will not stay long enough to establish official residence in
New Mexico.
87. Allowing non-residents to participate in a state medical cannabis program has
occurred and still occurs in other states and U.S. territories.
88. The Lynn and Erin Compassionate Use Act clearly allows non-New Mexico
residents to become qualified patients and purchase medical cannabis lawfully within New
Mexico.
13
89. The Act does not allow non-New Mexico residents to transport cannabis across
state lines.
90. Any non-New Mexico resident who becomes a qualified patient does so with the
understanding that their use of cannabis is still subject to other laws, including laws prohibiting
the transport of cannabis across state lines.
91. The Petitioners in this case do not advocate for interstate transportation of
cannabis, and they do not argue that the Act makes such interstate transportation legal.
92. Out-of-state residents who apply for registry identification cards in New Mexico
may and should be educated regarding the legal consequences of transporting cannabis into or
out of New Mexico.
93. The requirements for issuance of a medical cannabis registry identification care
from the New Mexico Department of Health Medical Cannabis Program are clear.
94. First, the applicant must be a “person.” N.M.S.A. 1978 §26-2B-3(V) (2019).
95. The applicant person must have one of the debilitating medical conditions listed at
N.M.S.A. 1978 § 26-2B-3(J) (2019).
96. The applicant person must obtain a “a statement made on a department-approved
form and signed by” a medical practitioner “licensed in New Mexico to prescribe and administer
drugs that are subject to the Controlled Substances Act” “that indicates, in the practitioner’s
professional opinion, that the patient has a debilitating medical condition and the practitioner
believes that the potential health benefits of the medical use of cannabis would likely outweigh
the health risks for the patient.” N.M.S.A. 1978 §26-2B-3(BB) and §26-2B-3(S) (2019).
14
97. The applicant person must submit the written certification to the Department of
Health along with the name, address and date of birth of the patient and the name, address and
telephone number of the patient’s practitioner.
Petitioners Are Out of State Residents Denied Registry Identification Cards
98. Petitioner Duke Rodriguez is a resident of Scottsdale, Arizona.
99. Mr. Rodriguez suffers from post-traumatic stress disorder.
100. Mr. Rodriguez owns a home in New Mexico, but he does not spend the requisite
number of days in New Mexico to be considered a “resident” under IRS definitions.
101. Mr. Rodriguez is a principle of several businesses in New Mexico and comes to
New Mexico frequently to conduct business here.
102. Mr. Rodriguez also has immediate family members in New Mexico, and he
travels here frequently to see these family members.
103. Mr. Rodriguez does not wish to transport cannabis across the border between
Arizona and New Mexico, as that transport is illegal.
104. However, Mr. Rodriguez wishes to maintain his regimen of cannabis medication
while in New Mexico.
105. Mr. Rodriguez intends to consume cannabis at his home in New Mexico when he
comes to New Mexico to visit family or conduct business.
106. Mr. Rodriguez obtained a written certification from a New Mexico-licensed
practitioner.
107. Mr. Rodriguez submitted the written certification to DOH on the form prescribed
by DOH, along with the names and addresses of him/herself and the practitioner who issued the
certification.
15
108. DOH issued a denial letter.
110. DOH did not deny Mr. Rodriguez’s application on any basis having to do with the
veracity of the written certification or with the qualifying condition.
111. Therefore, DOH has conceded that Mr. Rodriguez obtained the necessary written
certification, and the only basis DOH has for denial is residency.
112. Petitioner Harold Meyers is a resident of Dalhart, Texas.
113. Mr. Meyers suffers from obstructive sleep apnea.
114. Dalhart, Texas is just over the state line from Clayton, New Mexico.
115. Mr. Meyers owns and operates several small business located in New Mexico,
including a retail liquor store and a check-cashing store. Meyers also leases and operates several
cattle ranches in New Mexico.
116. Mr. Meyers spends approximately three days per week in New Mexico, and does
not qualify as a “resident” of New Mexico, nor does he have a New Mexico driver’s license.
117. Mr. Meyers intends to travel to New Mexico from Dalhart, purchase medical
cannabis at a dispensary, and consume it within New Mexico.
118. Mr. Meyers obtained a written certification from a New Mexico-licensed
practitioner.
119. Mr. Meyers submitted the written certification to DOH on the form prescribed by
DOH, along with the names and addresses of him/herself and the practitioner who issued the
certification.
16
121. DOH did not deny Mr. Meyers’ application on any basis having to do with the
122. Therefore, DOH has conceded that Mr. Meyers obtained the necessary written
123. The basis for DOH’s denial was lack of a New Mexico driver’s license or ID card.
124. Petitioner Laura Sias is a resident of El Paso, Texas.
125. Ms. Sias suffers from post-traumatic stress disorder.
126. Ms. Sias’s brother and best friend both live in Las Cruces New Mexico, and she
visits them frequently.
127. Ms. Sias would like to obtain medical cannabis to alleviate the symptoms of her
post-traumatic stress disorder.
128. Ms. Sias intends to travel to Las Cruces from El Paso, purchase medical cannabis
at a dispensary, and consume it at her brother’s residence or best friend’s residence.
129. Ms. Sias has considered moving to New Mexico in order to obtain medical
cannabis lawfully, but her partner works in El Paso, and they cannot make the move to New
Mexico.
130. Ms. Sias obtained a written certification from a New Mexico-licensed
practitioner.
131. Ms. Sias submitted the written certification to DOH on the form prescribed by
DOH, along with the names and addresses of herself and the practitioner who issued the
certification.
17
134. DOH did not deny Ms. Sias’ application on any basis having to do with the
135. Therefore, DOH has conceded that Ms. Sias obtained the necessary written
136. All of these Petitioners met the qualifications described above but were
nevertheless denied their registry identification cards by DOH.
Cause of Action One: Mandamus
207, 247 P.3d 286.
139. Kenny Vigil owes a ministerial duty to issue medical cannabis registry
identification cards to any person—whether a resident of New Mexico or not—who submits the
written certification and other items listed in N.M.S.A. 1978 § 26-2B-7(B).
140. Petitioners all submitted registry identification card applications to the
Department of Health that met the statutory criteria for issuance of a card.
141. As such, Kenny Vigil has a ministerial duty to Petitioners to issue the registry
identification cards.
142. This duty is clear and indisputable.
18
143. The issuance of registry identification cards are acts which Defendants perform
under a given state of facts, in a prescribed manner, in obedience to a mandate of legal authority,
and without regard to the exercise of their own judgment upon the propriety of the particular
individual obtaining such a card.
144. The “given state of facts” here is 1) being a person; 2) the person having one of
the debilitating medical conditions listed in statute; 3) the person obtaining “a statement made on
likely outweigh the health risks for the patient; and 4) the person submitting the written
certification to the Department of Health along with the name, address and date of birth of the
patient and the name, address and telephone number of the patient’s practitioner.
145. The prescribed manner here is the person’s submission of this information on the
DOH-prescribed form.
146. The mandate of legal authority is found in NMSA § 26-2B-7(B).
147. The lack of DOH’s power to exercise its judgment in determining whether to
issue a registry identification card is shown by the lack of any such delegation of power in the
148. Mandamus will issue if there is no “plain, speedy and adequate remedy in the
ordinary course of law.” NMSA 1978, § 44–2–5 (1884).
149. Petitioners have no other mechanism to challenge DOH’s denial of their
19
150. Petitioners do not have a plain, speedy, and adequate remedy in the ordinary
course of law.
THEREFORE, RESPONDENT IS COMMANDED TO:
151. Issue medical cannabis program registry identification cards to each of the
Petitioners.
152. Issue a medical cannabis program registry identification card to any person,
whether a New Mexico resident or not, who 1) has one of the debilitating medical conditions
listed in statute; 2) has obtained “a statement made on a department-approved form and signed
by” a medical practitioner “licensed in New Mexico to prescribe and administer drugs that are
subject to the Controlled Substances Act” “that indicates, in the practitioner’s professional
opinion, that the patient has a debilitating medical condition and the practitioner believes that the
potential health benefits of the medical use of cannabis would likely outweigh the health risks for
the patient;” and 3) has submitted that statement to the Department of Health along with the
name, address and date of birth of the patient and the name, address and telephone number of the
patient’s practitioner.
153. Appropriately process registry identification cards in a timely and legally
compliant manner.
154. Serve and file a responsive pleading by __________________ pursuant to Rule 1-
065 NMRA (E) and (F).
155. Show cause before this court at ________________ a.m./p.m. on the ________
day of _____________, 2019 why you should not do so.
_________________________________
Honorable ___________________
20
SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR
SENATE BILL 406
54TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2019
Pursuant to House Rule 24-1, this document incorporates

amendments that have been adopted prior to consideration
of this measure by the House. It is a tool to show the
amendments in context and is not to be used for the
purpose of amendments.
AN ACT
RELATING TO HEALTH; SJCºENACTING A SECTION OF THE PUBLIC SCHOOL

delete = ºbold, red, highlight, strikethrough»
CODE TO ALLOW THE POSSESSION, STORAGE AND ADMINISTRATION OF
MEDICAL CANNABIS IN CERTAIN SCHOOL SETTINGS;»SJC AMENDING AND

Amendments: new = ºbold, blue, highlight»
ENACTING SECTIONS OF THE LYNN AND ERIN COMPASSIONATE USE ACT TO
EXPAND ELIGIBILITY, TO PROVIDE FOR A THREE-YEAR REGISTRY
IDENTIFICATION CARD AND TO ESTABLISH NEW QUALIFYING MEDICAL

[bracketed material] = delete
CONDITIONS, CIVIL PROTECTIONS AND INTERSTATE AND TRIBAL

underscored material = new
RECIPROCITY; AMENDING PENALTIES; AMENDING A SECTION OF THE
JONATHAN SPRADLING REVISED UNIFORM ANATOMICAL GIFT ACT;
ENACTING A NEW SECTION OF THE FAMILY SERVICES ACT TO REMOVE
.214251.3
Exhibit 2
SPAC/SB 406
PARTICIPATION IN THE STATE'S MEDICAL CANNABIS PROGRAM AS
GROUNDS FOR CHILD PROTECTIVE SERVICES INTERVENTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SJCºSECTION 1. A new section of the Public School Code
is enacted to read:
"[NEW MATERIAL] MEDICAL CANNABIS--POSSESSION--STORAGE--
ADMINISTRATION--RESTRICTION--EXEMPTIONS.--
A. Except as provided pursuant to Subsection C of
this section, 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; provided that:
(1) a student shall not possess, store or
self-administer medical cannabis in a school setting;

(2) a parent, legal guardian or designated
school personnel shall not administer medical cannabis in a

manner that creates disruption to the educational environment
or causes other students to be exposed to medical cannabis;
(3) a written treatment plan for the

administration of the medical cannabis is agreed to and signed

by the principal or the principal's designee of the qualified
student's school and the qualified student's parent or legal
guardian; and
.214251.3
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(4) before the first administration of medical
cannabis in a school setting, the qualified student's parent or
legal guardian completes and submits documentation as required
by local school board or charter school rules that includes a:
(a) copy of the qualified student's
written certification for use of medical cannabis pursuant to
the Lynn and Erin Compassionate Use Act; and
(b) written statement from the qualified
student's parent or legal guardian releasing the school and
school personnel from liability, except in cases of willful or
wanton misconduct or disregard of the qualified student's
treatment plan.
B. A local school board or the governing body of a
charter school may adopt policies that:
(1) restrict the types of designated school
personnel who may administer medical cannabis to qualified
students;
(2) establish reasonable parameters regarding
the administration and use of medical cannabis and the school

settings in which administration and use are authorized; and

(3) ban student possession, use, distribution,
sale or being under the influence of a cannabis product in a
manner that is inconsistent with the provisions of this
subsection.
C. The provisions of Subsection A of this section

shall not apply to a charter school or school district if:
(1) the charter school or school district
reasonably determines that it would lose, or has lost, federal
.214251.3
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SPAC/SB 406
funding as a result of implementing the provisions of
Subsection A of this section; and
(2) the determination is appealable by any
parent to the secretary, based on rules established by the
department.
D. A public school, charter school or school
district shall not:
(1) discipline a student who is a qualified
student on the basis that the student requires medical cannabis
as a reasonable accommodation necessary for the student to
attend school;
(2) deny eligibility to attend school to a
qualified student on the basis that the qualified student
requires medical cannabis as a reasonable accommodation
necessary for the student to attend school or a
school-sponsored activity; or
(3) discipline a school employee who refuses

to administer medical cannabis.
E. As used in this section:
(1) "certifying practitioner" means a health
care practitioner who issues a written certification to a

qualified student;
(2) "designated school personnel" means a
school employee whom a public school, charter school or school
district authorizes to possess, store and administer medical
.214251.3
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cannabis to a qualified student in accordance with the
provisions of this section;
(3) "medical cannabis" means cannabis that is:
(a) authorized for use by qualified
patients in accordance with the provisions of the Lynn and Erin
Compassionate Use Act; and
(b) is in a form that is not an aerosol
and cannot be smoked or inhaled in particulate form as a vapor
or by burning;
(4) "qualified student" means a student who
demonstrates evidence to the school district that the student
is authorized as a qualified patient pursuant to the Lynn and
Erin Compassionate Use Act to carry and use medical cannabis in
accordance with the provisions of that act;
(5) "school" means a public school or a
charter school;
(6) "school setting" means any of the
following locations during a school day:
(a) a school building;

(b) a school bus used within the state

during, in transit to or in transit from a school-sponsored
activity;
(c) a public vehicle used within the
state during, in transit to or in transit from a school-

sponsored activity in the state; or

(d) a public site in the state where a
school-sponsored activity takes place; and
(7) "written certification" means a statement
.214251.3
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SPAC/SB 406
in a qualified student's medical records or a statement signed
by a qualified student's certifying practitioner that, in the
certifying practitioner's professional opinion, the qualified
student has a debilitating medical condition and the certifying
practitioner believes that the potential health benefits of the
medical use of cannabis would likely outweigh the health risks
for the qualified student. A written certification is not
valid for more than one year from the date of issuance."»SJC
SECTION SJCº1. 2.»SJC Section 26-2B-1 NMSA 1978 (being
Laws 2007, Chapter 210, Section 1) is amended to read:
"26-2B-1. SHORT TITLE.--[Sections 1 through 7 of this
act] Chapter 26, Article 2B NMSA 1978 may be cited as the "Lynn
and Erin Compassionate Use Act" in honor of Lynn Pierson and
Erin Armstrong."

"26-2B-3. DEFINITIONS.--As used in the Lynn and Erin
Compassionate Use Act:

A. "adequate supply" means an amount of cannabis,
in any form approved by the department, possessed by a
qualified patient or collectively possessed by a qualified

patient and the qualified patient's primary caregiver that is

determined by rule of the department to be no more than
reasonably necessary to ensure the uninterrupted availability
of cannabis for a period of three months and that is derived
.214251.3
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solely from an intrastate source;
B. "cannabis":
(1) means all parts of the plant Cannabis
sativa L. containing a delta-9-tetrahydrocannabinol
concentration of more than three-tenths percent on a dry weight
basis, whether growing or not; the seeds of the plant; the
resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture or preparation of the
plant, its seeds or its resin; and
(2) does not include the mature stalks of the
plant; fiber produced from the stalks; oil or cake made from
the seeds of the plant; any other compound, manufacture, salt,
derivative, mixture or preparation of the mature stalks, fiber,
oil or cake; the sterilized seed of the plant that is incapable
of germination; the weight of any other ingredient combined
with cannabis to prepare topical or oral administrations, food,
drink or another product; or hemp;
C. "cannabis consumption area" means an area within
a SJCºproducer's»SJC licensed premises SJCºapproved by the

department»SJC where cannabis may be consumed that complies
with rule as established by the department;

D. "cannabis courier" means a person that is
licensed by the department to transport usable cannabis and
cannabis products within the state from a cannabis

establishment to:
(1) a qualified patient;
(2) a primary caregiver; or
(3) another cannabis establishment;
.214251.3
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SPAC/SB 406
E. "cannabis establishment" means:
(1) a licensed cannabis courier;
(2) a licensed cannabis testing facility;
(3) a licensed cannabis manufacturer;
(4) a licensed cannabis producer; or
(5) such other person that the department may
by rule approve for participation in the medical cannabis
program;
F. "cannabis manufacturer" means a person that is
licensed by the department to:
(1) manufacture cannabis products;
(2) package, transport or courier cannabis
products;
(3) have cannabis products tested by a
cannabis testing facility;
(4) Hf1ºpurchase, obtain,»Hf1 sell and

transport cannabis products to other cannabis establishments;
and
(5) prepare products for personal production
license holders;
G. "cannabis producer" means a person that is

licensed by the department to possess, produce, dispense,

distribute and manufacture cannabis and cannabis products
SJCºand sell»SJC wholesale or by direct sale to qualified
patients and primary caregivers;
.214251.3
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H. "cannabis product":
(1) means a product that contains cannabis,
including edible or topical products that may also contain
other ingredients; and
(2) does not include the weight of any other
ingredient combined with cannabis or cannabis extract to
prepare topical or oral administrations, food, drink or another
product;
I. "cannabis testing facility" means a person that
is licensed by the department to perform tests of cannabis
products to analyze the strength or purity of the items and to
collect cannabis samples and transport cannabis products to the
cannabis testing facility from cannabis establishments;
[B.] J. "debilitating medical condition" means:
(1) cancer;
(2) glaucoma;
(3) multiple sclerosis;
(4) damage to the nervous tissue of the spinal
cord, with objective neurological indication of intractable

spasticity;
(5) seizure disorder, including epilepsy;

(6) positive status for human immunodeficiency
virus or acquired immune deficiency syndrome;
(7) admitted into hospice care in accordance

with rules promulgated by the department; [or]

(8) amyotrophic lateral sclerosis;
(9) Crohn's disease;
(10) hepatitis C infection;
.214251.3
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SPAC/SB 406
(11) Huntington's disease;
(12) inclusion body myositis;
(13) inflammatory autoimmune-mediated
arthritis;
(14) intractable nausea or vomiting;
(15) obstructive sleep apnea;
(16) painful peripheral neuropathy;
(17) Parkinson's disease;
(18) posttraumatic stress disorder;
(19) severe chronic pain;
(20) severe anorexia or cachexia;
(21) spasmodic torticollis;
(22) ulcerative colitis; or
[(8)] (23) any other medical condition,
medical treatment or disease as approved by the department;
[C.] K. "department" means the department of

health;
[D. "licensed producer" means any person or

association of persons within New Mexico that the department
determines to be qualified to produce, possess, distribute and
dispense cannabis pursuant to the Lynn and Erin Compassionate

Use Act and that is licensed by the department;]

L. "hemp" means the plant cannabis sativa L. and
any part of the plant, whether growing or not, containing a
delta-9-tetrahydrocannabinol concentration of no more than
.214251.3
- 10 -
three-tenths percent on a dry weight basis;
M. "license" means a license issued pursuant to the
Lynn and Erin Compassionate Use Act;
N. "licensee" means a person that holds a license;
O. "licensee representative" means an owner,
director, officer, manager, employee, agent or other
representative of a licensee, to the extent that person acts in
a representative capacity;
P. "manufacture" means to prepare a cannabis
product;
Q. "medical cannabis program" means the program
established pursuant to the Lynn and Erin Compassionate Use Act
for authorization and regulation of the medical use of cannabis
in the state;
R. "personal production license" means a license
issued to a qualified patient or to a qualified patient's
primary caregiver participating in the medical cannabis program
to permit the qualified patient or the qualified patient's
primary caregiver to produce cannabis for the qualified

patient's use at an address approved by the department;
[E.] S. "practitioner" means a person licensed in

New Mexico to prescribe and administer drugs that are subject
to the Controlled Substances Act;
[F.] T. "primary caregiver" means a resident of New

Mexico who is at least eighteen years of age and who has been
designated by the patient's practitioner as being necessary to
take responsibility for managing the well-being of a qualified
patient with respect to the medical use of cannabis pursuant to
.214251.3
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SPAC/SB 406
the provisions of the Lynn and Erin Compassionate Use Act;
U. "produce" means to engage in any activity
related to the planting or cultivation of cannabis;
[G.] V. "qualified patient" means a [resident of
New Mexico] person who has been diagnosed by a practitioner as
having a debilitating medical condition and has received
written certification and a registry identification card
[issued] pursuant to the Lynn and Erin Compassionate Use Act
[and] on the basis of having been diagnosed, in person or via
telemedicine, by a practitioner as having a debilitating
medical condition; provided that a practitioner may only issue
a written certification on the basis of an evaluation conducted
via telemedicine if the practitioner has previously examined
the patient in person;
W. "reciprocal participant" means an individual who
holds proof of authorization to participate in the medical

cannabis program of another state of the United States, the
District of Columbia, a territory or commonwealth of the United

States or a New Mexico Indian nation, tribe or pueblo;
X. "registry identification card" means a document
that the department issues:

(1) to a qualified patient that identifies the

bearer as a qualified patient and authorizes the qualified
patient to use cannabis for a debilitating medical condition;
or
.214251.3
- 12 -
(2) to a primary caregiver that identifies the
bearer as a primary caregiver authorized to engage in the
intrastate possession and administration of cannabis for the
sole use of a qualified patient who is identified on the
document;
Y. "safety-sensitive position" means a position in
which performance by a person under the influence of drugs or
alcohol would constitute an immediate or direct threat of
injury or death to that person or another;
Z. "telemedicine" means the use of
telecommunications and information technology to provide
clinical health care from a site apart from the site where the
patient is located, in real time or asynchronously, including
the use of interactive simultaneous audio and video or
store-and-forward technology, or off-site patient monitoring
and telecommunications in order to deliver health care
services;
AA. "THC" means delta-9-tetrahydrocannabinol, a
substance that is the primary psychoactive ingredient in

cannabis; and
[H.] BB. "written certification" means a statement

[in a patient's medical records or a statement] made on a
department-approved form and signed by a patient's practitioner
that indicates, in the practitioner's professional opinion,

that the patient has a debilitating medical condition and the

practitioner believes that the potential health benefits of the
medical use of cannabis would likely outweigh the health risks
for the patient [A written certification is not valid for more
.214251.3
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SPAC/SB 406
than one year from the date of issuance]."
"26-2B-4. EXEMPTION FROM CRIMINAL AND CIVIL PENALTIES FOR
THE MEDICAL USE OF CANNABIS.--
A. A qualified patient or a qualified patient's
primary 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;
[B. A qualified patient's primary caregiver shall
not be subject to arrest, prosecution or penalty in any manner
for the possession of cannabis for medical use by the qualified
patient 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
.214251.3
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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;
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;
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 SJCºnot more than six
mature cannabis plants and twelve immature cannabis plants and
possessing no more than an adequate supply of that qualified

patient's harvest cannabis plants or cannabis products as

allowed by department rule»SJC; provided that a qualified
patient or primary caregiver who possesses a personal
production license shall not manufacture cannabis products
.214251.3
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SPAC/SB 406
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.
[C.] D. Subsection A of this section shall not
apply to a qualified patient under the age of eighteen years,
unless:
(1) the qualified patient's practitioner has
explained the potential risks and benefits of the medical use
of cannabis to the qualified patient and to a parent, guardian
or person having legal custody of the qualified patient; and
(2) a parent, guardian or person having legal
custody consents in writing to:
(a) allow the qualified patient's
medical use of cannabis;

(b) serve as the qualified patient's
primary caregiver; and

(c) control the dosage and the frequency
of the medical use of cannabis by the qualified patient.
[D.] E. A qualified patient or a primary caregiver

shall be granted the full legal protections provided in this

section if the qualified patient or primary caregiver is in
possession of a registry identification card. If the qualified
patient or primary caregiver is not in possession of a registry
.214251.3
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identification card, the qualified patient or primary caregiver
shall be given an opportunity to produce the registry
identification card before any arrest or criminal charges or
other penalties are initiated.
[E.] F. A practitioner shall not be subject to
arrest or prosecution, penalized in any manner or denied any
right or privilege for recommending the medical use of cannabis
or providing written certification for the medical use of
cannabis pursuant to the Lynn and Erin Compassionate Use Act.
[F.] G. A [licensed producer] licensee or licensee
representative shall not be subject to arrest, prosecution or
penalty, in any manner, for the production, possession,
manufacture, distribution, [or] dispensing or testing of
cannabis pursuant to the Lynn and Erin Compassionate Use Act.
Conduct by a licensee or a licensee representative that is
allowed pursuant to a license and conduct by a person that
allows property to be used by a licensee or a licensee
representative for conduct allowed pursuant to a license is
lawful, is not a violation of state or local law and is not a

basis for seizure or forfeiture of property or assets under
state or local law.

[G.] H. Any property interest that is possessed,
owned or used in connection with the medical use of cannabis,
or acts incidental to such use, shall not be harmed, neglected,

injured or destroyed while in the possession of state or local

law enforcement officials. Any such property interest shall
not be forfeited under any state or local law providing for the
forfeiture of property except as provided in the Forfeiture
.214251.3
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SPAC/SB 406
Act. Cannabis, paraphernalia or other property seized from a
qualified patient or primary caregiver in connection with the
claimed medical use of cannabis shall be returned immediately
upon the determination by a court or prosecutor that the
qualified patient or primary caregiver is entitled to the
protections of the provisions of the Lynn and Erin
Compassionate Use Act, as may be evidenced by a failure to
actively investigate the case, a decision not to prosecute, the
dismissal of charges or acquittal.
I. A state or local government shall not impose a
criminal, civil or administrative penalty on a licensee or a
licensee representative, or on a person that allows property to
be used by a licensee or a licensee representative pursuant to
a license, solely for conduct that is allowed pursuant to a
license.
[H.] J. A person shall not be subject to arrest or

prosecution for a cannabis-related offense for simply being in
the presence of the medical use of cannabis as permitted under

the provisions of the Lynn and Erin Compassionate Use Act."

"26-2B-5. PROHIBITIONS, RESTRICTIONS AND LIMITATIONS ON

THE MEDICAL USE OF CANNABIS--CRIMINAL PENALTIES.--
A. Participation in a medical use of cannabis
program by a qualified patient or primary caregiver does not
.214251.3
- 18 -
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;
(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:
SJCº(a) in a school bus or public
vehicle;
(b) on school grounds or property;»SJC
SJCº(c) (a)»SJC in the workplace of the
qualified patient's or primary caregiver's employment; or
SJCº(d) (b)»SJC at a public park,
recreation center, youth center or other public place.
B. A person who makes a fraudulent representation
to a law enforcement officer about the person's participation
in a medical use of cannabis program to avoid arrest or

prosecution for a cannabis-related offense is guilty of a petty
misdemeanor and shall be sentenced in accordance with the

provisions of Section 31-19-1 NMSA 1978.
C. If a [licensed producer] licensee or the
licensee's representative sells, distributes, dispenses or

transfers cannabis to a person not approved by the department

pursuant to the Lynn and Erin Compassionate Use Act or obtains
or transports cannabis outside New Mexico, [in violation of
federal law, the licensed producer] the licensee or the
.214251.3
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SPAC/SB 406
licensee's representative shall be subject to arrest,
prosecution and civil or criminal penalties pursuant to state
law."
"26-2B-6. ADVISORY BOARD CREATED--DUTIES.--The secretary
of health shall establish an advisory board consisting of
[eight] nine practitioners [representing the fields of
neurology, pain management, medical oncology, psychiatry,
infectious disease, family medicine and gynecology. The
practitioners shall be nationally board-certified in their area
of specialty and] knowledgeable about the medical use of
cannabis. The members shall be chosen for appointment by the
secretary from a list proposed by the New Mexico medical
society, the New Mexico nurses association, the New Mexico
academy of family physicians, the New Mexico academy of

physician assistants, the New Mexico pharmacists association or
the New Mexico Hispanic medical association. A quorum of the

advisory board shall consist of [three] five members. The
advisory board shall:
A. review and recommend to the department for

approval additional debilitating medical conditions that would

benefit from the medical use of cannabis;
B. accept and review petitions to add medical
conditions, medical treatments or diseases to the list of
.214251.3
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debilitating medical conditions that qualify for the medical
use of cannabis;
C. convene at least twice per year to conduct
public hearings and to evaluate petitions, which shall be
maintained as confidential personal health information, to add
medical conditions, medical treatments or diseases to the list
of debilitating medical conditions that qualify for the medical
use of cannabis;
D. issue recommendations concerning rules to be
promulgated for the issuance of the registry identification
cards; [and]
E. recommend quantities of cannabis that are
necessary to constitute an adequate supply for qualified
F. recommend formulation or preparations of
cannabis or cannabis products; and
G. recommend quantities of cannabis that a
reciprocal participant may obtain and possess."

"26-2B-7. REGISTRY IDENTIFICATION CARDS--DEPARTMENT

RULES--DUTIES--RECIPROCITY.--
A. [No later than October 1, 2007, and] After
consultation with the advisory board, the department shall

promulgate rules in accordance with the State Rules Act to

implement the purpose of the Lynn and Erin Compassionate Use
Act. The rules shall:
(1) govern the manner in which the department
.214251.3
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SPAC/SB 406
will consider applications for registry identification cards
and for the renewal of identification cards for qualified
(2) define the amount of cannabis that is
necessary to constitute an adequate supply, including amounts
for topical treatments;
(3) identify criteria and set forth procedures
for including additional medical conditions, medical treatments
or diseases to the list of debilitating medical conditions that
qualify for the medical use of cannabis. Procedures shall
include a petition process and shall allow for public comment
and public hearings before the advisory board;
(4) set forth additional medical conditions,
medical treatments or diseases to the list of debilitating
medical conditions that qualify for the medical use of cannabis
as recommended by the advisory board;

(5) identify requirements for the licensure of
cannabis producers and cannabis production facilities, cannabis

couriers, cannabis manufacturers, cannabis testing facilities
and any other cannabis establishments that the department may
license and set forth procedures to obtain licenses;

(6) develop a distribution system for the

medical cannabis program that provides for:
(a) cannabis production facilities
within New Mexico housed on secured grounds and operated by
.214251.3
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[licensed producers] licensees; and
(b) distribution of [medical] cannabis
to qualified patients or their primary caregivers to take place
at locations that are designated by the department and that are
not within three hundred feet of any school, church or daycare
center that were in existence in that location before the
licensee distributing medical cannabis nearby was licensed;
provided that this distance requirement shall not apply to
distribution at the home of the qualified patient or primary
caregiver;
(7) identify requirements for testing and
labeling of cannabis and cannabis products for quality
assurance. The department shall adopt and promulgate rules
pursuant to this paragraph by December 20, 2019;
[(7)] (8) determine additional duties and
responsibilities of the advisory board; and
[(8)] (9) be revised and updated as necessary.
B. The department shall issue registry
identification cards to a patient and to the primary caregiver

for that patient, if any, who submit the following, in
accordance with the department's rules:

(1) a written certification;
(2) the name, address and date of birth of the
patient;
(3) the name, address and telephone number of

the patient's practitioner; and
(4) the name, address and date of birth of the
patient's primary caregiver, if any.
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SPAC/SB 406
C. The department shall verify the information
contained in an application submitted pursuant to Subsection B
of this section and shall approve or deny an application within
thirty days of receipt. The department may deny an application
only if the applicant did not provide the information required
pursuant to Subsection B of this section or if the department
determines that the information provided is false. A person
whose application has been denied shall not reapply for six
months from the date of the denial unless otherwise authorized
by the department.
D. The department shall issue a registry
identification card within five days of approving an
application, and a card shall expire [one year] three years
after the date of issuance.
E. A registry identification card shall contain:
(1) the name [address] and date of birth of

the qualified patient and primary caregiver, if any;
(2) the date of issuance and expiration date

of the registry identification card; and
(3) other information that the department may
require by rule.
[E.] F. A person who possesses a registry

identification card shall notify the department of any change
in the person's name, [address] qualified patient's
practitioner, qualified patient's primary caregiver or change
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in status of the qualified patient's debilitating medical
condition within ten days of the change.
[F.] G. Possession of or application for a registry
identification card shall not constitute probable cause or give
rise to reasonable suspicion for a governmental agency to
search the person or property of the person possessing or
applying for the card.
[G.] H. The department shall maintain a
confidential file containing the names and addresses of the
persons who have either applied for or received a registry
identification card. Individual names on the list shall be
confidential and not subject to disclosure, except:
(1) to authorized employees or agents of the
department as necessary to perform the duties of the department
pursuant to the provisions of the Lynn and Erin Compassionate
Use Act;
(2) to authorized employees of state or local
law enforcement agencies, but only for the purpose of verifying
that a person is lawfully in possession of a registry

identification card; or
(3) as provided in the federal Health

Insurance Portability and Accountability Act of 1996.
I. By March 1, 2020, the secretary of health shall
adopt and promulgate rules relating to medical cannabis program

reciprocity. The department may identify requirements for the

granting of reciprocity, including provisions limiting the
period of time in which a reciprocal participant may
participate in the medical cannabis program.
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SPAC/SB 406
J. A reciprocal participant:
(1) may participate in the medical cannabis
program in accordance with department rules;
(2) shall not be required to comply with the
registry identification card application and renewal
requirements established pursuant to this section and
department rules;
(3) shall at all times possess proof of
authorization to participate in the medical cannabis program of
another state, the District of Columbia, a territory or
commonwealth of the United States or a New Mexico Indian
nation, tribe or pueblo and shall present proof of that
authorization when purchasing cannabis from a licensee; and
(4) shall register with a licensee for the
purpose of tracking sales to the reciprocal participant in an
electronic system that is accessible to the department."

SECTION SJCº7. 8.»SJC A new section of the Lynn and Erin
Compassionate Use Act is enacted to read:

"[NEW MATERIAL] PROGRAM REGULATION AND ADMINISTRATION--
FEES--LIMITATIONS--RULEMAKING--LICENSURE--ISSUANCE--
REPORTING.--
A. The department shall:

(1) regulate and administer the medical
cannabis program; and
(2) collect fees from licensees; provided that
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the department shall not charge a fee relating to the medical
cannabis registry.
B. By December 20, 2019, the secretary of health
shall adopt and promulgate rules to establish fees for licenses
for cannabis producers, cannabis manufacturers, cannabis
couriers, cannabis testing facilities or any other cannabis
establishments whose operations are authorized pursuant to the
C. The department shall establish application and
licensing fees applicable to licenses for activity related to
the medical cannabis program.
D. The department shall administer licensure for
medical cannabis program activity provided for in the Lynn and
Erin Compassionate Use Act, which shall include personal
production licenses and licenses for:
(1) cannabis couriers;
(2) cannabis manufacturers;
(3) cannabis producers;
(4) cannabis testing facilities; and

(5) any other activity or person as deemed
necessary by the department.

E. The department shall not issue any other license
provided for in this section to a cannabis testing facility
licensee.
F. In consultation with qualified patients and

primary caregivers, the department shall produce an assessment
report annually, which shall be published to the public and
that includes at a minimum an evaluation of:
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SPAC/SB 406
(1) the affordability of and accessibility to
medical cannabis pursuant to the Lynn and Erin Compassionate
Use Act; and
(2) the needs of qualified patients who live
in rural areas, federal subsidized housing or New Mexico Indian
nations, tribes or pueblos.
G. The department shall allow for the smoking,
vaporizing and ingesting of cannabis products within a cannabis
consumption area on the premises if:
(1) access is restricted to qualified patients
and their primary caregivers;
(2) cannabis consumption is not visible from
any public place or from outside the cannabis consumption area;
and
(3) qualified patients who consume cannabis on
the premises have a designated driver or other means of

transportation consistent with current law."
SECTION SJCº8. 9.»SJC A new section of the Lynn and Erin

Compassionate Use Act is enacted to read:
"[NEW MATERIAL] REGISTRY IDENTIFICATION CARD--
REGISTRATION--RENEWAL--WRITTEN CERTIFICATION.--The department

shall require a qualified patient to reapply for a registry

identification card no sooner than two years and eleven months
from the date the patient's current registry identification
card is issued; provided that, in order to remain eligible for
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participation in the medical cannabis program established
pursuant to the Lynn and Erin Compassionate Use Act, a
qualified patient shall submit annually to the department a
statement from a practitioner indicating that:
A. the practitioner has examined the qualified
patient during the preceding twelve months;
B. the qualified patient continues to have a
debilitating medical condition; and
C. the practitioner believes that the potential
health benefits of the medical use of cannabis would likely
outweigh the health risks for the qualified patient."
SECTION SJCº9. 10.»SJC A new section of the Lynn and
Erin Compassionate Use Act is enacted to read:
"[NEW MATERIAL] THC CONTENT--NO LIMITATION.--The
department shall not limit the amount of THC concentration in a
cannabis product; provided that the department may by rule
adopt requirements for apportionment and packaging of cannabis
products."

"[NEW MATERIAL] EMPLOYMENT PROTECTIONS.--

Hf2ºA. Unless a failure to do so would cause the
employer to lose a monetary or licensing-related benefit under
federal law or federal regulations, it is unlawful to take an

adverse employment action against the employee based on any of

the following:»Hf2
Hf2ºA. Unless a failure to do so would cause the
employer to lose a monetary or licensing-related benefit under
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SPAC/SB 406
federal law or federal regulations, it is unlawful to take an
adverse employment action against an applicant or an employee
based on conduct allowed under the Lynn and Erin Compassionate
Use Act.»Hf2
(1) conduct allowed under the Lynn and Erin
Compassionate Use Act; or
(2) the employee's positive drug test for
cannabis components or metabolites.
B. Nothing in this section shall:
(1) restrict an employer's ability to prohibit
or take adverse employment action against an employee for use
of Hf2ºintoxicating substances , or being impaired by, medical
cannabis»Hf2 on the premises of the place of employment or
during the hours of employment; or
(2) apply to an employee Hf2ºwho whose
employer deems that the employee»Hf2 works in a safety-

sensitive position. Hf2º”»Hf2
Hf2ºC. As used in this section, "adverse employment

action" means:
(1) refusing to hire or employ a person;
(2) barring or discharging a person from

employment;
(3) requiring a person to retire from
employment; or
(4) discriminating against an employee in
.214251.3
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compensation or in terms, conditions or privileges of
employment."»Hf2
"[NEW MATERIAL] PERSONS UNDER STATE SUPERVISION--
PROTECTIONS.--A person who is serving a period of probation or
parole or who is in the custody or under the supervision of the
state or a local government pending trial as part of a
community supervision program shall not be penalized for
conduct allowed under the Lynn and Erin Compassionate Use Act."
SECTION SJCº12. 13.»SJC Section 24-6B-11 NMSA 1978
(being Laws 2007, Chapter 323, Section 11) is amended to read:
"24-6B-11. PERSONS THAT MAY RECEIVE ANATOMICAL GIFT--
PURPOSE OF ANATOMICAL GIFT.--
A. An anatomical gift may be made to the following
persons named in the document of gift:
(1) a hospital; accredited medical school,
dental school, college or university; organ procurement
organization; or other appropriate person, for research or

education;
(2) subject to the provisions of Subsection B

of this section, an individual designated by the person making
the anatomical gift if the individual is the recipient of the
part; and
(3) an eye bank or tissue bank.

B. If an anatomical gift to an individual pursuant
to Paragraph (2) of Subsection A of this section cannot be
transplanted into the individual, the part passes in accordance
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SPAC/SB 406
with Subsection G of this section in the absence of an express,
contrary indication by the person making the anatomical gift.
C. If an anatomical gift of one or more specific
parts or of all parts is made in a document of gift that does
not name a person described in Subsection A of this section but
identifies the purpose for which an anatomical gift may be
used, the following rules apply:
(1) if the part is an eye and the gift is for
the purpose of transplantation or therapy, the gift passes to
the appropriate eye bank;
(2) if the part is tissue and the gift is for
the purpose of transplantation or therapy, the gift passes to
the appropriate tissue bank;
(3) if the part is an organ and the gift is
for the purpose of transplantation or therapy, the gift passes
to the appropriate organ procurement organization as custodian

of the organ; and
(4) if the part is an organ, an eye or tissue

and the gift is for the purpose of research or education, the
gift passes to the appropriate procurement organization.
D. For the purpose of Subsection C of this section,

if there is more than one purpose of an anatomical gift set

forth in the document of gift but the purposes are not set
forth in any priority, the gift shall be used for
transplantation or therapy, if suitable. If the gift cannot be
.214251.3
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used for transplantation or therapy, the gift may be used for
research or education.
E. If an anatomical gift of one or more specific
parts is made in a document of gift that does not name a person
described in Subsection A of this section and does not identify
the purpose of the gift, the gift may be used only for
transplantation or therapy, and the gift passes in accordance
with Subsection G of this section.
F. If a document of gift specifies only a general
intent to make an anatomical gift by words such as "donor",
"organ donor" or "body donor", or by a symbol or statement of
similar import, the gift may be used only for transplantation
or therapy and the gift passes in accordance with Subsection G
of this section.
G. For purposes of Subsections B, E and F of this
section, the following rules apply:
(1) if the part is an eye, the gift passes to
the appropriate eye bank;
(2) if the part is tissue, the gift passes to

the appropriate tissue bank; and
(3) if the part is an organ, the gift passes

to the appropriate organ procurement organization as custodian
of the organ.
H. An anatomical gift of an organ for

transplantation or therapy, other than an anatomical gift

pursuant to Paragraph (2) of Subsection A of this section,
passes to the organ procurement organization as custodian of
the organ.
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SPAC/SB 406
I. If an anatomical gift does not pass pursuant to
Subsections A through H of this section or the decedent's body
or part is not used for transplantation, therapy, research or
education, custody of the body or part passes to the person
under obligation to dispose of the body or part.
J. A person may not accept an anatomical gift if
the person knows that the gift was not effectively made
pursuant to Section [5 or 10 of the Jonathan Spradling Revised
Uniform Anatomical Gift Act] 24-6B-5 or 24-6B-10 NMSA 1978 or
if the person knows that the decedent made a refusal pursuant
to Section [7 of that act] 24-6B-7 NMSA 1978 that was not
revoked. For purposes of this subsection, if a person knows
that an anatomical gift was made on a document of gift, the
person is deemed to know of any amendment or revocation of the
gift or any refusal to make an anatomical gift on the same
document of gift.
K. Except as otherwise provided in Paragraph (2) of
Subsection A of this section, nothing in the Jonathan Spradling

Revised Uniform Anatomical Gift Act affects the allocation of
organs for transplantation or therapy.
L. An individual's participation in the state's

medical cannabis program established pursuant to the Lynn and

Erin Compassionate Use Act shall not in itself constitute
grounds for refusing to allow that individual to receive an
anatomical gift."
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SECTION SJCº13. 14.»SJC A new section of the Family
Services Act is enacted to read:
"[NEW MATERIAL] MEDICAL CANNABIS PROGRAM--REMOVAL OF
CHILDREN--FAMILY SERVICES INTERVENTION--SCHOOL ENROLLMENT--
MEDICAL CARE.--
A. An individual's participation in the state's
medical cannabis program established pursuant to the Lynn and
Erin Compassionate Use Act shall not in itself constitute
grounds for:
(1) intervention, removal or placement into
state custody of a child in that individual's care pursuant to
the Abuse and Neglect Act; or
(2) the provision of state prevention,
diversion or intervention services to that individual's family
pursuant to the Family Services Act.
B. A person shall not be denied custody of or
visitation or parenting time with a child, and there is no
presumption of neglect or child endangerment, for conduct
allowed under the Lynn and Erin Compassionate Use Act.

C. A school shall not refuse to enroll or otherwise
penalize a person solely for conduct allowed pursuant to the

Lynn and Erin Compassionate Use Act, unless failing to do so
would cause the school to lose a monetary or licensing-related
benefit under federal law or regulation.

D. For the purposes of medical care, including an

organ transplant, a qualified patient's use of cannabis
pursuant to the Lynn and Erin Compassionate Use Act shall be
considered the equivalent of the use of any other medication
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SPAC/SB 406
under the direction of a physician and shall not be considered
to constitute the use of an illicit substance or otherwise
disqualify a qualified patient from medical care."
SJCºSECTION 15. TEMPORARY PROVISION--LICENSED
PRODUCERS.--A licensed producer, as defined in the Lynn and
Erin Compassionate Use Act prior to the enactment of this 2019
act, that is licensed as of the effective date of this 2019 act
shall be considered to be a cannabis producer, as defined by
this 2019 act.»SJC
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.214251.3
7/25/2019 | Chapter 26 - Drugs and Cosmetics - ARTICLE 2B Lynn and Erin Compassionate Use Act
Exhibit 2A
ARTICLE 2B
Lynn and Erin Compassionate Use Act
26-2B-1. Short title.
Chapter 26, Article 2B NMSA 1978 may be cited as the "Lynn and Erin Compassionate Use Act" in
honor of Lynn Pierson and Erin Armstrong.
History: Laws 2007, ch. 210, § 1; 2019, ch. 247, § 2.
ANNOTATIONS
Severability. — Laws 2007, ch. 210, §11 provided for the severability of the Lynn and Erin
Compassionate Use Act if any part or application thereof is held invalid.
The 2019 amendment, effective June 14, 2019, changed "Sections 1 through 7 of this act" to
"Chapter 26, Article 2B NMSA 1978".
26-2B-2. Purpose of act.
The purpose of the Lynn and Erin Compassionate Use 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.
History: Laws 2007, ch. 210, § 2.
ANNOTATIONS
Effective dates. — Laws 2007, ch. 210, § 12 made the Lynn and Erin Compassionate Use Act
effective July 1, 2007.
Severability. — Laws 2007, ch. 210, §11 provided for the severability of the Lynn and Erin
Compassionate Use Act if any part or application thereof is held invalid.
26-2B-3. Definitions.
As used in the Lynn and Erin Compassionate Use Act:
A. "adequate supply" means an amount of cannabis, in any form approved by the department,
possessed by a qualified patient or collectively possessed by a qualified patient and the qualified
https://laws.nmonesource.com/w/nmos/Chapter-26-NMSA-1978?printMode=selected#!fragment/zoupio-_Toc11339171/BQCwhgziBcwMYgK4DsDWszIQewE4B… 1/16
patient's primary caregiver that is determined by rule of the department to be no more than
reasonably necessary to ensure the uninterrupted availability of cannabis for a period of three months
and that is derived solely from an intrastate source;
B. "cannabis":
(1) means all parts of the plant Cannabis sativa L. containing a delta-9-
tetrahydrocannabinol concentration of more than three-tenths percent on a dry weight basis, whether
growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin; and
(2) does not include the mature stalks of the plant; fiber produced from the stalks; oil or
cake made from the seeds of the plant; any other compound, manufacture, salt, derivative, mixture or
preparation of the mature stalks, fiber, oil or cake; the sterilized seed of the plant that is incapable of
germination; the weight of any other ingredient combined with cannabis to prepare topical or oral
administrations, food, drink or another product; or hemp;
C. "cannabis consumption area" means an area within a licensed premises approved by the
department where cannabis may be consumed that complies with rule as established by the
department;
D. "cannabis courier" means a person that is licensed by the department to transport usable
cannabis and cannabis products within the state from a cannabis establishment to:
(1) a qualified patient;
(2) a primary caregiver; or
(3) another cannabis establishment;
E. "cannabis establishment" means:
(1) a licensed cannabis courier;
(2) a licensed cannabis testing facility;
(3) a licensed cannabis manufacturer;
(4) a licensed cannabis producer; or
(5) such other person that the department may by rule approve for participation in the
medical cannabis program;
F. "cannabis manufacturer" means a person that is licensed by the department to:
(1) manufacture cannabis products;
(2) package, transport or courier cannabis products;
(3) have cannabis products tested by a cannabis testing facility;
(4) purchase, obtain, sell and transport cannabis products to other cannabis
establishments; and
(5) prepare products for personal production license holders;
G. "cannabis producer" means a person that is licensed by the department to possess, produce,
dispense, distribute and manufacture cannabis and cannabis products and sell wholesale or by direct
sale to qualified patients and primary caregivers;
H. "cannabis product":
(1) means a product that contains cannabis, including edible or topical products that may
also contain other ingredients; and
(2) does not include the weight of any other ingredient combined with cannabis or cannabis
extract to prepare topical or oral administrations, food, drink or another product;
I. "cannabis testing facility" means a person that is licensed by the department to perform tests
of cannabis products to analyze the strength or purity of the items and to collect cannabis samples
and transport cannabis products to the cannabis testing facility from cannabis establishments;
J. "debilitating medical condition" means:
(1) cancer;
(2) glaucoma;
(4) damage to the nervous tissue of the spinal cord, with objective neurological indication of
intractable spasticity;
(5) seizure disorder, including epilepsy;
(6) positive status for human immunodeficiency virus or acquired immune deficiency
syndrome;
(7) admitted into hospice care in accordance with rules promulgated by the department;
(8) amyotrophic lateral sclerosis;
(10) hepatitis C infection;
(13) inflammatory autoimmune-mediated arthritis;
(14) intractable nausea or vomiting;
(15) obstructive sleep apnea;
(16) painful peripheral neuropathy;
(18) posttraumatic stress disorder;
(19) severe chronic pain;
(20) severe anorexia or cachexia;
(21) spasmodic torticollis;
(22) ulcerative colitis; or
(23) any other medical condition, medical treatment or disease as approved by the
department;
K. "department" means the department of health;
L. "hemp" means the plant cannabis sativa L. and any part of the plant, whether growing or not,
containing a delta-9-tetrahydrocannabinol concentration of no more than three-tenths percent on a dry
weight basis;
M. "license" means a license issued pursuant to the Lynn and Erin Compassionate Use Act;
N. "licensee" means a person that holds a license;
O. "licensee representative" means an owner, director, officer, manager, employee, agent or other
representative of a licensee, to the extent that person acts in a representative capacity;
P. "manufacture" means to prepare a cannabis product;
Q. "medical cannabis program" means the program established pursuant to the Lynn and Erin
Compassionate Use Act for authorization and regulation of the medical use of cannabis in the state;
R. "personal production license" means a license issued to a qualified patient or to a qualified

patient's primary caregiver participating in the medical cannabis program to permit the qualified
patient or the qualified patient's primary caregiver to produce cannabis for the qualified patient's use
at an address approved by the department;
S. "practitioner" means a person licensed in New Mexico to prescribe and administer drugs that
are subject to the Controlled Substances Act;
T. "primary caregiver" means a resident of New Mexico who is at least eighteen years of age and
who has been designated by the patient's practitioner as being necessary to take responsibility for
managing the well-being of a qualified patient with respect to the medical use of cannabis pursuant to
the provisions of the Lynn and Erin Compassionate Use Act;
U. "produce" means to engage in any activity related to the planting or cultivation of cannabis;
V. "qualified patient" means a person who has been diagnosed by a practitioner as having a
debilitating medical condition and has received written certification and a registry identification card
pursuant to the Lynn and Erin Compassionate Use Act on the basis of having been diagnosed, in
person or via telemedicine, by a practitioner as having a debilitating medical condition; provided that a
practitioner may only issue a written certification on the basis of an evaluation conducted via
telemedicine if the practitioner has previously examined the patient in person;
W. "reciprocal participant" means an individual who holds proof of authorization to participate in

the medical cannabis program of another state of the United States, the District of Columbia, a
territory or commonwealth of the United States or a New Mexico Indian nation, tribe or pueblo;
X. "registry identification card" means a document that the department issues:
(1) to a qualified patient that identifies the bearer as a qualified patient and authorizes the
qualified patient to use cannabis for a debilitating medical condition; or
(2) to a primary caregiver that identifies the bearer as a primary caregiver authorized to
engage in the intrastate possession and administration of cannabis for the sole use of a qualified
patient who is identified on the document;
Y. "safety-sensitive position" means a position in which performance by a person under the

influence of drugs or alcohol would constitute an immediate or direct threat of injury or death to that
person or another;
Z. "telemedicine" means the use of telecommunications and information technology to provide

clinical health care from a site apart from the site where the patient is located, in real time or
asynchronously, including the use of interactive simultaneous audio and video or store-and-forward
technology, or off-site patient monitoring and telecommunications in order to deliver health care
services;
AA. "THC" means delta-9-tetrahydrocannabinol, a substance that is the primary

psychoactive ingredient in cannabis; and
BB. "written certification" means a statement made on a department-approved form and

signed by a patient's practitioner that indicates, in the practitioner's professional opinion, that the
benefits of the medical use of cannabis would likely outweigh the health risks for the patient.
ANNOTATIONS
The 2019 amendment, effective June 14, 2019, defined certain terms related to medical cannabis
and medical cannabis programs as used in the Lynn and Erin Compassionate Use Act; added new
Subsections B through I and redesignated former Subsections B and C as Subsections J and K,
respectively; in Subsection J, in Paragraph J(5), after the paragraph designation, added "seizure
disorder, including", added new Paragraphs J(8) through J(22) and redesignated former Paragraph
J(8) as Paragraph J(23); deleted Subsection D, which defined "licensed producer"; added new
Subsections L through R and redesignated former Subsections E and F as Subsections S and T,
respectively; added new Subsection U and redesignated former Subsection G as Subsection V; in
Subsection V, after "means a", deleted "resident of New Mexico" and added "person", and after
"Lynn and Erin Compassionate Use Act", deleted "and" and added "on the basis of having been
diagnosed, in person or via telemedicine, by a practitioner as having a debilitating medical condition;
provided that a practitioner may only issue a written certification on the basis of an evaluation
conducted via telemedicine if the practitioner has previously examined the patient in person"; added
new Subsections W through AA and redesignated former Subsection H as Subsection BB; and in
Subsection BB, after "means a statement", deleted "in a patient’s medical records or a statement"
and added "made on a department-approved form and", and after "health risks for the patient",
deleted "A written certification is not valid for more than one year from the date of issuance".
Temporary provisions. — Laws 2019, ch. 247, § 15 provided that a licensed producer, as defined
in the Lynn and Erin Compassionate Use Act prior to the enactment of Laws 2019, ch. 247 shall be
considered to be a cannabis producer, as defined by Laws 2019, ch. 247.
Written certification is the functional equivalent of a prescription. — Under the Lynn and Erin
Compassionate Use Act, the written certification required by a person licensed in New Mexico to
prescribe and administer controlled substances is the functional equivalent of a prescription as
defined in the Worker’s Compensation Act, 52-1-1 NMSA 1978 et seq. Maez v. Riley Industrial,
2015-NMCA-049.
26-2B-4. Exemption from criminal and civil penalties for the medical use of
cannabis.
A. A qualified patient or a qualified patient's primary 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 [31-27-1 through 31-27-8 NMSA 1978]:
(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.
D. Subsection A of this section shall not apply to a qualified patient under the age of eighteen
years, unless:
(1) the qualified patient's practitioner has explained the potential risks and benefits of the
medical use of cannabis to the qualified patient and to a parent, guardian or person having legal
custody of the qualified patient; and
(2) a parent, guardian or person having legal custody consents in writing to:
(a) allow the qualified patient's medical use of cannabis;
(b) serve as the qualified patient's primary caregiver; and
(c) control the dosage and the frequency of the medical use of cannabis by the qualified
patient.
E. A qualified patient or a primary caregiver shall be granted the full legal protections provided in
this section if the qualified patient or primary caregiver is in possession of a registry identification
card. If the qualified patient or primary caregiver is not in possession of a registry identification card,
the qualified patient or primary caregiver shall be given an opportunity to produce the registry
identification card before any arrest or criminal charges or other penalties are initiated.
F. A practitioner shall not be subject to arrest or prosecution, penalized in any manner or denied
any right or privilege for recommending the medical use of cannabis or providing written certification
for the medical use of cannabis pursuant to the Lynn and Erin Compassionate Use Act.
G. A licensee or licensee representative shall not be subject to arrest, prosecution or penalty, in

any manner, for the production, possession, manufacture, distribution, dispensing or testing of
cannabis pursuant to the Lynn and Erin Compassionate Use Act. Conduct by a licensee or a licensee
representative that is allowed pursuant to a license and conduct by a person that allows property to be
used by a licensee or a licensee representative for conduct allowed pursuant to a license is lawful, is
not a violation of state or local law and is not a basis for seizure or forfeiture of property or assets
under state or local law.
H. Any property interest that is possessed, owned or used in connection with the medical use of
cannabis, or acts incidental to such use, shall not be harmed, neglected, injured or destroyed while in
the possession of state or local law enforcement officials. Any such property interest shall not be
forfeited under any state or local law providing for the forfeiture of property except as provided in the
Forfeiture Act. Cannabis, paraphernalia or other property seized from a qualified patient or primary
caregiver in connection with the claimed medical use of cannabis shall be returned immediately upon
the determination by a court or prosecutor that the qualified patient or primary caregiver is entitled to
the protections of the provisions of the Lynn and Erin Compassionate Use Act, as may be evidenced
by a failure to actively investigate the case, a decision not to prosecute, the dismissal of charges or
acquittal.
I. state or local government shall not impose a criminal, civil or administrative penalty on a
licensee or a licensee representative, or on a person that allows property to be used by a licensee or
a licensee representative pursuant to a license, solely for conduct that is allowed pursuant to a
license.
J. A person shall not be subject to arrest or prosecution for a cannabis-related offense for simply
being in the presence of the medical use of cannabis as permitted under the provisions of the Lynn
and Erin Compassionate Use Act.
History: Laws 2007, ch. 210, § 4; 2019, ch. 247, § 4
ANNOTATIONS
The 2019 amendment, effective June 14, 2019, revised provisions related to the exemption of the
medical use of cannabis from criminal and civil penalties; in Subsection A, after "qualified patient",
added "or a qualified patient’s primary caregiver", and after "adequate supply;", added "provided
that a qualified patient or the qualified patient’s primary caregiver may possess that qualified
patient’s harvest of cannabis"; deleted former Subsection B, added new Subsections B and C and
redesignated former Subsections C through G as Subsections D through H, respectively; in
Subsection E, added "qualified" preceding each occurrence of "patient" and added "primary"
preceding each occurrence of "caregiver"; in Subsection G, after "A", deleted "licensed producer"
and added "licensee or licensee representative", after "possession", added "manufacture", after
"dispensing", added "testing", and added the last sentence; and added a new Subsection I and
redesignated former Subsection H as Subsection J.
26-2B-5. Prohibitions, restrictions and limitations on the medical use of

cannabis; criminal penalties.
A. 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;
(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:
(a) in the workplace of the qualified patient's or primary caregiver's employment; or
(b) at a public park, recreation center, youth center or other public place.
B. A person who makes a fraudulent representation to a law enforcement officer about the
person's participation in a medical use of cannabis program to avoid arrest or prosecution for a
cannabis-related offense is guilty of a petty misdemeanor and shall be sentenced in accordance with
the provisions of Section 31-19-1 NMSA 1978.
C. If a licensee or the licensee's representative sells, distributes, dispenses or transfers cannabis

to a person not approved by the department pursuant to the Lynn and Erin Compassionate Use Act or
obtains or transports cannabis outside New Mexico, the licensee or the licensee's representative shall
be subject to arrest, prosecution and civil or criminal penalties pursuant to state law.
History: Laws 2007, ch. 210, § 5; 2019, ch. 247, § 5; 2019, ch. 247, § 5; 2019, ch. 261, § 2.
ANNOTATIONS
2019 Multiple Amendments. – Laws 2019, ch. 247, § 5 and Laws 2019, ch. 261, § 2, both effective
June 14, 2019, enacted different amendments to this section that can be reconciled. Pursuant to
12-1-8 NMSA 1978, Laws 2019, ch. 261, § 2, as the last act signed by the governor, is set out
above and incorporates both amendments. The amendments enacted by Laws 2019, ch. 247, § 5
and Laws 2019, ch. 261, § 2 are described below. To view the session laws in their entirety, see the
2019 session laws on NMOneSource.com.
The nature of the difference between the amendments is that Laws 2019, ch. 247, § 5, removed
certain restrictions related to the use or possession of cannabis, and Laws 2019, ch. 261, § 2,
removed certain restrictions related to the use or possession of cannabis.
Laws 2019, ch. 247, § 5, effective June 14, 2019, removed certain restrictions related to the use or
possession of cannabis; in Subsection A, Paragraph A(3), deleted Subparagraphs A(3)(a) and A(3)
(b) and redesignated former Subparagraphs A(3)(c) and A(3)(d) as Subparagraphs A(3)(a) and A(3)
(b), respectively; and in Subsection C, after "If a", deleted "licensed producer" and added "licensee
or the licensee’s representative", and after "outside New Mexico", deleted "in violation of federal law,
the licensed producer" and added "the licensee or the licensee’s representative".
Laws 2019, ch. 261, § 2, effective June 14, 2019, removed certain restrictions related to the use or
possession of cannabis; and in Subsection A, Paragraph A(3), deleted Subparagraphs A(3)(a) and
A(3)(b) and redesignated former Subparagraphs A(3)(c) and A(3)(d) as Subparagraphs A(3)(a) and
A(3)(b), respectively.
26-2B-6. Advisory board created; duties.
The secretary of health shall establish an advisory board consisting of nine practitioners
knowledgeable about the medical use of cannabis. The members shall be chosen for appointment by
the secretary from a list proposed by the New Mexico medical society, the New Mexico nurses
association, the New Mexico academy of family physicians, the New Mexico academy of physician
assistants, the New Mexico pharmacists association or the New Mexico Hispanic medical
association. A quorum of the advisory board shall consist of five members. The advisory board shall:
A. review and recommend to the department for approval additional debilitating medical
conditions that would benefit from the medical use of cannabis;
B. accept and review petitions to add medical conditions, medical treatments or diseases to the
list of debilitating medical conditions that qualify for the medical use of cannabis;
C. convene at least twice per year to conduct public hearings and to evaluate petitions, which
shall be maintained as confidential personal health information, to add medical conditions, medical
treatments or diseases to the list of debilitating medical conditions that qualify for the medical use of
cannabis;
D. issue recommendations concerning rules to be promulgated for the issuance of the registry
identification cards;
E. recommend quantities of cannabis that are necessary to constitute an adequate supply for
qualified patients and primary caregivers;
F. recommend formulation or preparations of cannabis or cannabis products; and
G. recommend quantities of cannabis that a reciprocal participant may obtain and possess.
ANNOTATIONS
The 2019 amendment, effective June 14, 2019, increased the number of members of the advisory
board, provided that additional entities may propose members to be appointed to the advisory
board, and required the advisory board to recommend formulation or preparations of cannabis and
to recommend quantities of cannabis that a reciprocal participant may obtain and possess; in the
introductory paragraph, after "consisting of", deleted "eight" and added "nine", after "practitioners",
deleted "representing the fields of neurology, pain management, medical oncology, psychiatry,
infectious disease, family medicine and gynecology. The practitioners shall be nationally board-
certified in their area of specialty and", after "New Mexico medical society,", added "the New Mexico
nurses association, the New Mexico academy of family physicians, the New Mexico academy of
physician assistants, the New Mexico pharmacists association or the New Mexico Hispanic medical
association", and after "shall consist of", deleted "three" and added "five"; and added new
Subsections F and G.
26-2B-6.1. Program regulation and administration; fees; limitations;

rulemaking; licensure; issuance; reporting.
A. The department shall:
(1) regulate and administer the medical cannabis program; and
(2) collect fees from licensees; provided that the department shall not charge a fee relating
to the medical cannabis registry.
B. By December 20, 2019, the secretary of health shall adopt and promulgate rules to establish
fees for licenses for cannabis producers, cannabis manufacturers, cannabis couriers, cannabis testing
facilities or any other cannabis establishments whose operations are authorized pursuant to the Lynn
and Erin Compassionate Use Act.
C. The department shall establish application and licensing fees applicable to licenses for activity
related to the medical cannabis program.
D. The department shall administer licensure for medical cannabis program activity provided for in
the Lynn and Erin Compassionate Use Act, which shall include personal production licenses and
licenses for:
(1) cannabis couriers;
(2) cannabis manufacturers;
(3) cannabis producers;
(4) cannabis testing facilities; and
(5) any other activity or person as deemed necessary by the department.
E. The department shall not issue any other license provided for in this section to a cannabis
testing facility licensee.
F. In consultation with qualified patients and primary caregivers, the department shall produce an
assessment report annually, which shall be published to the public and that includes at a minimum an
evaluation of:
(1) the affordability of and accessibility to medical cannabis pursuant to the Lynn and Erin
Compassionate Use Act; and
(2) the needs of qualified patients who live in rural areas, federal subsidized housing or
New Mexico Indian nations, tribes or pueblos.
G. The department shall allow for the smoking, vaporizing and ingesting of cannabis products
within a cannabis consumption area on the premises if:
(1) access is restricted to qualified patients and their primary caregivers;
(2) cannabis consumption is not visible from any public place or from outside the cannabis
consumption area; and
(3) qualified patients who consume cannabis on the premises have a designated driver or
other means of transportation consistent with current law.
History: Laws 2019, ch. 247, § 8
ANNOTATIONS
Effective dates. — Laws 2019, ch. 247 contained no effective date provision, but, pursuant to N.M.
Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
26-2B-7. Registry identification cards; department rules; duties; reciprocity.
A. After consultation with the advisory board, the department shall promulgate rules in accordance
with the State Rules Act [Chapter 14, Article 4 NMSA 1978] to implement the purpose of the Lynn and
Erin Compassionate Use Act. The rules shall:
(1) govern the manner in which the department will consider applications for registry
identification cards and for the renewal of identification cards for qualified patients and primary
caregivers;
(2) define the amount of cannabis that is necessary to constitute an adequate supply,
including amounts for topical treatments;
(3) identify criteria and set forth procedures for including additional medical conditions,
medical treatments or diseases to the list of debilitating medical conditions that qualify for the medical
use of cannabis. Procedures shall include a petition process and shall allow for public comment and
public hearings before the advisory board;
(4) set forth additional medical conditions, medical treatments or diseases to the list of
debilitating medical conditions that qualify for the medical use of cannabis as recommended by the
advisory board;
(5) identify requirements for the licensure of cannabis producers and cannabis production
facilities, cannabis couriers, cannabis manufacturers, cannabis testing facilities and any other
cannabis establishments that the department may license and set forth procedures to obtain licenses;
(6) develop a distribution system for the medical cannabis program that provides for:
(a) cannabis production facilities within New Mexico housed on secured grounds and
operated by licensees; and
(b) distribution of cannabis to qualified patients or their primary caregivers to take place at
locations that are designated by the department and that are not within three hundred feet of any
school, church or daycare center that were in existence in that location before the licensee distributing
medical cannabis nearby was licensed; provided that this distance requirement shall not apply to
distribution at the home of the qualified patient or primary caregiver;
(7) identify requirements for testing and labeling of cannabis and cannabis products for
quality assurance. The department shall adopt and promulgate rules pursuant to this paragraph by
December 20, 2019;
(8) determine additional duties and responsibilities of the advisory board; and
(9) be revised and updated as necessary.
B. The department shall issue registry identification cards to a patient and to the primary caregiver
for that patient, if any, who submit the following, in accordance with the department's rules:
(2) the name, address and date of birth of the patient;
(3) the name, address and telephone number of the patient's practitioner; and
(4) the name, address and date of birth of the patient's primary caregiver, if any.
C. The department shall verify the information contained in an application submitted pursuant to
Subsection B of this section and shall approve or deny an application within thirty days of receipt. The
department may deny an application only if the applicant did not provide the information required
pursuant to Subsection B of this section or if the department determines that the information provided
is false. A person whose application has been denied shall not reapply for six months from the date
of the denial unless otherwise authorized by the department.
D. The department shall issue a registry identification card within five days of approving an
application, and a card shall expire three years after the date of issuance.
E. A registry identification card shall contain:
(1) the name and date of birth of the qualified patient and primary caregiver, if any;
(2) the date of issuance and expiration date of the registry identification card; and
(3) other information that the department may require by rule.
F. A person who possesses a registry identification card shall notify the department of any
change in the person's name, qualified patient's practitioner, qualified patient's primary caregiver or
change in status of the qualified patient's debilitating medical condition within ten days of the change.
G. Possession of or application for a registry identification card shall not constitute probable cause
or give rise to reasonable suspicion for a governmental agency to search the person or property of the
person possessing or applying for the card.
H. The department shall maintain a confidential file containing the names and addresses of the
persons who have either applied for or received a registry identification card. Individual names on the
list shall be confidential and not subject to disclosure, except:
(1) to authorized employees or agents of the department as necessary to perform the

duties of the department pursuant to the provisions of the Lynn and Erin Compassionate Use Act;
(2) to authorized employees of state or local law enforcement agencies, but only for the
purpose of verifying that a person is lawfully in possession of a registry identification card; or
(3) as provided in the federal Health Insurance Portability and Accountability Act of 1996.
I. By March 1, 2020, the secretary of health shall adopt and promulgate rules relating to medical
cannabis program reciprocity. The department may identify requirements for the granting of
reciprocity, including provisions limiting the period of time in which a reciprocal participant may
participate in the medical cannabis program.
J. A reciprocal participant:
(1) may participate in the medical cannabis program in accordance with department rules;
(2) shall not be required to comply with the registry identification card application and
renewal requirements established pursuant to this section and department rules;
(3) shall at all times possess proof of authorization to participate in the medical cannabis
program of another state, the District of Columbia, a territory or commonwealth of the United States or
a New Mexico Indian nation, tribe or pueblo and shall present proof of that authorization when
purchasing cannabis from a licensee; and
(4) shall register with a licensee for the purpose of tracking sales to the reciprocal
participant in an electronic system that is accessible to the department.
ANNOTATIONS
Cross references. — For the Federal Health Insurance Portability and Accountability Act of 1996,
see 42 U.S.C. § 300gg et seq.
The 2019 amendment, effective June 14, 2019, provided additional duties for the department of
health; in the section heading, added "reciprocity"; in Subsection A, in the introductory paragraph,
deleted "No later than October 1, 2007, and", in Paragraph A(5), after "licensure of", added
"cannabis", and after "production facilities", added "cannabis couriers, cannabis manufacturers,
cannabis testing facilities and any other cannabis establishments that the department may license",
in Paragraph A(6), after "medical cannabis", added "program", in Subparagraph A(6)(b), after
"daycare center", added "that were in existence in that location before the licensee distributing
medical cannabis nearby was licensed; provided that this distance requirement shall not apply to
distribution at the home of the qualified patient or primary caregiver", added a new Paragraph A(7)
and redesignated former Paragraphs A(7) and A(8) as Paragraphs A(8) and A(9), respectively; in
Subsection D, after "shall expire", deleted "one year" and added "three years"; added new
subsection designation "E." and redesignated former Subsections E through G as Subsections F
through H, respectively; and added Subsections I and J.
26-2B-7.1. Registry identification card; registration; renewal; written

certification.
The department shall require a qualified patient to reapply for a registry identification card no
sooner than two years and eleven months from the date the patient's current registry identification
card is issued; provided that, in order to remain eligible for participation in the medical cannabis
program established pursuant to the Lynn and Erin Compassionate Use Act, a qualified patient shall
submit annually to the department a statement from a practitioner indicating that:
A. the practitioner has examined the qualified patient during the preceding twelve months;
B. the qualified patient continues to have a debilitating medical condition; and
C. the practitioner believes that the potential health benefits of the medical use of cannabis would
likely outweigh the health risks for the qualified patient.
History: Laws 2019, ch. 247, § 9.
ANNOTATIONS
26-2B-8. THC content; no limitation.
The department shall not limit the amount of THC concentration in a cannabis product; provided
that the department may by rule adopt requirements for apportionment and packaging of cannabis
products.
History: Laws 2019, ch. 247, § 10.
ANNOTATIONS
26-2B-9. Employment protections.
A. Unless a failure to do so would cause the employer to lose a monetary or licensing-related

benefit under federal law or federal regulations, it is unlawful to take an adverse employment action
against an applicant or an employee based on conduct allowed under the Lynn and Erin
Compassionate Use Act.
B. Nothing in this section shall:
(1) restrict an employer's ability to prohibit or take adverse employment action against an
employee for use of, or being impaired by, medical cannabis on the premises of the place of
employment or during the hours of employment; or
(2) apply to an employee whose employer deems that the employee works in a safety-
sensitive position.
History: Laws 2019, ch. 247, § 11.
ANNOTATIONS
26-2B-10. Persons under state supervision; protections.
A person who is serving a period of probation or parole or who is in the custody or under the
supervision of the state or a local government pending trial as part of a community supervision
program shall not be penalized for conduct allowed under the Lynn and Erin Compassionate Use Act.
History: Laws 2019, ch. 247, § 12.
ANNOTATIONS
FILED IN MY OFFICE
DISTRICT COURT CLERK
4/29/2015 4:25:50 PM
STEPHEN T. PACHECO
Gloria Landin
FIRST JUDICIAL DISTRICT COURT

COUNTY OF SANTA FE
STATE OF NEW MEXICO
CAROLA KIEVE, M.D.,
Plaintiff,
v. No. D 101-CV-2014-00140
NEW MEXICO DEPARTMENT OF HEALTH,
Defendant.
ORDER
THIS MATTER having come before the Court for Trial on the Merits on April 13 and
14, 2015, and counsel for all parties making their appearance and the Court having considered
the argument and authorities of counsel, and having reviewed all matters of record (all exhibits to
this hearing have been scanned and attached hereto) including post trial papers, and being fully
advised in the premises, hereby FINDS:

)
I. Statement of the Case
Plaintiff claims that Defendant (New Mexico Departljient of Health, DOH, the
../
Department) has exceeded its statutory authority in imposing additional requirements on certain
applicants for medical cannabis licenses (program), contrary to the Lynn and Erin
Compassionate Use Act, NMSA 1978 § 26-2B-1 to -7 (Act, statute).
Defendant claims that it has not exceeded its statutory authority in promulgating Medical
Cannabis Program Rules in accordance with the Lynn and Erin Compassionate Use Act, NMSA
1978 § 26-2B-1 et seq.
At issue is 1) whether the Department exceeded its authority by requiring a patient when
alleging Post Traumatic Stress Disorder (PTSD) as a "debilitating medical condition" certify that
Exhibit 3
1
"standard treatment have failed to bring adequate relief' as a pre-condition to certification into
the program 2) whether the Department exceeded its authority by requiring a patient when
alleging Post Traumatic Stress Disorder (PTSD) as a "debilitating medical condition" provide
medical records at the time of the application verifying diagnosis of PTSD.
The Court ' s opinion does not concern itself with the many policy issues involved in the
implementation of this statute or the medical efficacy of medical cannabis for any particular
debilitating medical condition. Instead, it focuses on the New Mexico Department of Health's
implementation of the Lynn and Erin Compassionate Use Act and whether they have exceeded
their statutory mandate and delegation when dealing with applications involving PTSD. See
FF40-43.
It 1s clear in New Mexico that when the legislature has declared the policy and
established primary standards to which agencies like the Department of Health must conform,
the state agencies only have the power necessary to the accomplish of the purposes of the statute.
The Department of Health has interjected itself and its judgement between the patient and his or
her doctor in requiring an exhaustion of treatment remedies before declaring a patient eligible for
the medical cannabis program. For these reasons, the Court finds in part on behalf of Carola
Kieve.
In Summary the Court finds on behalf of Carola Kieve , M.D. as follows:
1. The Department has NOT exceeded its authority by requiring the submission of
medical records by patients applying to the program with PTSD if that requirement is limited to
verifying the diagnosis of PTSD.
2
2. There is no statutory authority for the Department to require that a PTSD patient's
certifying practitioner attest that "standard treatments have failed to bring adequate relief' as a
condition of approving an application.
3. As part of an initial application for a patient card, the Department may require
from patients and their practitioners no more information that what is included in NMSA 1978 §
26-2B-3(H).
4. The Department may require a practitioner to submit a "written certification" in
support of a patient's application, but the Department may not require that the "written
certification" contain any information or attestation that is not expressly required by the Act.
However, the Court finds that the Department of Health has authority of verify the diagnosis of
PTSD and may: request medical records from a patient and/or a patient's practitioner only 1) to
verify the truthfulness of the patient's application, i.e. regarding diagnosis 2) if the Department
has reason to believe that the patient has submitted false information regarding diagnosis.
This may be required at the time the certification is submitted or after.
II. Applicable Law (emphasis in bold added by the Court)
Statute
As used in the Lynn and Erin Compassionate Use Act:
The purpose of the Lynn and Erin Compassionate Use 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.
N.M. Stat. Ann. § 26-2B-2 (West)
B. "debilitating medical condition" means:

(1) cancer;
(2) glaucoma;
3
(4) damage to the nervous tissue of the spinal cord, with objective
neurological indication of intractable spasticity;
(5) epilepsy;
(6) positive status for human immunodeficiency virus or acquired immune
deficiency syndrome;
(7) admitted into hospice care in accordance with rules promulgated by the
department; or
(8) any other medical condition, medical treatment or disease as approved by
the department;
E. "practitioner" means a person licensed in New Mexico to prescribe and

administer drugs that are subject to the Controlled Substances Act;
F. "primary caregiver" means a resident of New Mexico who is at least eighteen

years of age and who has been designated by the patient's practitioner as being
necessary to take responsibility for managing the well-being of a qualified
patient with respect to the medical use of cannabis pursuant to the provisions of
the Lynn and Erin Compassionate Use Act;
G. "qualified patient" means a resident of New Mexico who has been diagnosed
by a practitioner as having a debilitating medical condition and has received
written certification and a registry identification card issued pursuant to the
Lynn and Erin Compassionate Use Act; and
H. "written certification" means a statement in a patient's medical records or a

statement signed by a patient's practitioner that, in the practitioner's
professional opinion, the patient has a debilitating medical condition and
the practitioner believes that the potential health benefits of the medical
use of cannabis would likely outweigh the health risks for the patient. A
written certification is not valid for more than one year from the date of
issuance.
The secretary of health shall establish an advisory board consisting of

eight practitioners representing the fields of neurology, pain management,
medical oncology, psychiatry, infectious disease, family medicine and
gynecology. The practitioners shall be nationally board-certified in their area of
specialty and knowledgeable about the medical use of cannabis. The members
shall be chosen for appointment by the secretary from a list proposed by the New
Mexico medical society. A quorum of the advisory board shall consist of three
members. The advisory board shall:
A. review and recommend to the department for approval additional debilitating

medical conditions that would benefit from the medical use of cannabis;
4
B. accept and review petitions to add medical conditions, medical treatments
or diseases to the list of debilitating medical conditions that qualify for
the medical use of cannabis;
C. convene at least twice per year to conduct public hearings and to evaluate
petitions, which shall be maintained as confidential personal health
information, to add medical conditions, medical treatments or diseases to the
list of debilitating medical conditions that qualify for the medical use of
cannabis;
A. No later than October 1, 2007, and after consultation with the advisory board,
the department shall promulgate rules in accordance with the State Rules Act
to implement the purpose of the Lynn and Erin Compassionate Use Act. The
rules shall:
( 1) govern the manner in which the department will consider applications for
registry identification cards and for the renewal of identification cards for
(3) identify criteria and set forth procedures for including additional medical
conditions, medical treatments or diseases to the list of debilitating
medical conditions that qualify for the medical use of cannabis.
Procedures shall include a petition process and shall allow for public
comment and public hearings before the advisory board;
(4) set forth additional medical conditions, medical treatments or
diseases to the list of debilitating medical conditions that qualify for
the medical use of cannabis as recommended by the advisory board;
B. The department shall issue registry identification cards to a patient and to

the primary caregiver for that patient, if any, who submit the following, in
accordance with the department's rules:
( 1) a written certification;
(3) the name, address and telephone number of the patient's practitioner;
and
(4) the name, address and date of birth of the patient's primary caregiver, if
any.
5
C. The department shall verify the information contained in an application
submitted pursuant to Subsection B of this section and shall approve or
deny an application within thirty days of receipt. The department may
deny an application only if the applicant did not provide the information
required pursuant to Subsection B of this section or if the department
determines that the information provided is false. A person whose
application has been denied shall not reapply for six months from the date
of the denial unless otherwise authorized by the department.
N.M. Stat. Ann.§ 26-2B-7 (West)
DD. "Medical provider certification for patient eligibility form" means a

written certification form provided by the medical cannabis program
signed by a patient's practitioner that, in the practitioner's professional
opinion, the patient has a debilitating medical condition as defined by
the act or this part and would be anticipated to benefit from the use of
cannabis.
N.M. Admin. Code 7.34.3
MM. "Primary caregiver" means a resident of New Mexico who is at least

18 years of age and who has been designated by the qualified patient or
their representative and the patient's practitioner as being necessary to
take responsibility for managing the well-being of a qualified patient
with respect to the medical use of cannabis pursuant to the provisions
of the Lynn and Erin Compassionate Use Act, Section 26-2B-1 et seq.,
NMSA 1978.
7.34.3.8 QUALIFYING DEBILITATING MEDICAL CONDITIONS:
A. Statutorily-approved conditions: As of the date of promulgation of this

rule, specific qualifying debilitating medical conditions, diseases, and
treatments ("qualifying conditions") identified in the Lynn and Erin
Compassionate Use Act, Section 26-2B-3(B) NMSA 1978, include:
(1) cancer;
(2) glaucoma;
(4) damage to the nervous tissue of the spinal cord, with objective
neurological indication of intractable spasticity;
(5) epilepsy;
6
(6) positive status for human immunodeficiency virus or acquired immune
deficiency syndrome; and
(7) admission into hospice care in accordance with rules promulgated by
the department.
B. Department-approved conditions: The department finds that the

following additional qualifying conditions result in pain, suffering, or
debility for which there is credible evidence that the medical use of
cannabis could be of benefit, through the alleviation of symptoms, and
the department accordingly approves these conditions as qualifying
debilitating medical conditions for the participation of a qualified patient
or primary caregiver in the medical cannabis program. The department-
approved conditions include:
(1) severe chronic pain:
(a) objective proof of the etiology of the severe chronic pain shall be
included in the application; and
(b) a practitioner familiar with the patient's chronic pain shall provide
written certification that the patient has an unremitting severe
chronic pain condition; for an initial patient application, this
certification shall be made by a specialist with expertise in pain
management or a specialist with expertise in the disease process
that is causing the pain; for all subsequent patient applications,
this certification may be made by a primary care provider.
(2) painful peripheral neuropathy: application to the medical cannabis
program shall be accompanied by medical records that confirm the
objective presence of painful peripheral neuropathy that has been
refractory to other treatments;
(3) intractable nausea/vomiting;
(4) severe anorexia/cachexia;
(5) hepatitis C infection currently rece1vmg antiviral treatment: the
written certification shall attest:
(a) that the hepatitis C infection is currently being treated with
antiviral drugs; and
(b) to the anticipated duration of the hepatitis C antiviral treatment.
(7) post-traumatic stress disorder (PTSD): each individual applying to the
program for enrollment shall submit medical records that confirm the
diagnosis of PTSD based upon the evaluation of a psychiatrist,
psychiatric nurse practitioner, or prescribing psychologist, and
meeting the diagnostic criteria of the current diagnostic and statistical
manual of mental disorders;
(8) inflammatory autoimmune-mediated arthritis: each individual
applying to the program for enrollment shall submit medical records that
confirm the diagnosis of inflammatory autoimmune-mediated arthritis
based upon the evaluation of a rheumatologist who is board-certified in
rheumatology by the American board of internal medicine;
7
(9) amyotrophic lateral sclerosis (Lou Gehrig's disease);
(11) spasmodic torticollis (cervical dystonia);
(14) ulcerative colitis; and
(15) such other conditions as the secretary may approve.
C. Additional application requirements for department-approved

conditions: A patient applying on the basis of having a department-
approved qualifying condition shall submit written certification from the
patient's practitioner which shall attest:
(1) to the diagnosis of the medical condition;
(2) that the condition is debilitating;
(3) that standard treatments have failed to bring adequate relief,
unless the practitioner determines that standard treatments
would be harmful to the patient's health; and
(4) that potential risks and benefits of the use of medical cannabis for the
condition have been discussed with the patient, in accordance with
this rule; a patient who applies on the basis of having a department-
approved condition may also be required to satisfy additional
eligibility criteria, as specified in this rule.
D. Modification or removal of department-approved conditions: The

secretary may remove or modify a department-approved condition only if
the secretary determines, on the basis of substantial credible medical and
scientific evidence, and after an opportunity for review of the proposed
removal or modification by the medical advisory board, that the use of
cannabis by patients who have the approved condition would more likely
than not result in substantial harm to the patients' health.
[7.34.3.8 NMAC - N, 2/27/2015]
I. Certifying practitioner requirements:

(1) A patient may not be certified by a practitioner who is related to the
patient within the second degree of consanguinity or the first degree of
affinity, including a spouse, child, stepchild, parent, step-parent,
sibling, grandparent, mother-in-law, father-in-law, son-in law, or
daughter-in-law of the patient.
(2) A practitioner's primary place of practice must be located within the
state of New Mexico in order for the practitioner to certify a patient's
eligibility.
(3) In order to certify a patient's application, a practitioner must have
an actual physician-client relationship with the applicant or
8
qualified patient, and shall conduct an in-person physical or mental
evaluation of the applicant or qualified patient prior to issuing a
certification.
(4) A practitioner may be prohibited from certifying patient applications
for:
(a) failure to comply with any provision of this rule;
(b) falsification of any material or information submitted to the
department; _
(c) threatening or harming an employee of a producer, a medical
practitioner, a patient, or an employee of the department; or
(d) any determination by the practitioner's licensing body that
practitioner has engaged in unprofessional or dishonorable conduct.
[7.34.3.10 NMAC - Rp, 7.34.3.9 NMAC, 2/27/2015]
IV. Findings of Fact
1. The Plaintiff, Carola Kieve, M.D., is a New Mexico-licensed psychiatrist who
certifies patients with post-traumatic stress disorder (PTSD) to the Medical Cannabis Program
("Program"), which is administered by the New Mexico Department of Health ("Department")
pursuant to the Lynn and Erin Compassionate Use Act, NMSA 1978, §§26-2B-1 through 7
("Act", "the statute").
2. PTSD was first added by the Department of Health as a qualifying medical
condition for enrollment in the Medical Cannabis Program in 2010 by then Cabinet Secretary
Alfredo Vigil, M.D., following a recommendation for addition of PTSD by the Medical
Cannabis Advisory Board.
3. In its recommendation, the Medical Cannabis Advisory Board recommended that
the Medical Cannabis Program require "medical records that document an assessment by a
licensed psychiatrist and a DSM-IV diagnosis of PTSD", and also requested that "the psychiatrist
should attest that other treatment modalities have failed to provide adequate relief of symptoms".
9
The first requirement that the patient provided medical records at the time of the application or
after is consistent with if not taken directly from the language of NMSA 26-2B=3H.
4. When PTSD was added to the Rule in 2010, the Rule required that "a patient
applying on the basis of having any qualifying condition must submit written certification from
the patient's practitioner which must attest ... that standard treatments have failed to bring
adequate relief'. 7.34.3.8(8) NMAC ("Department-approved conditions").
5. In the most recent version of the rule the Department in an effort to lessen the
impact of the requirement cited above added the following language to 7.34.3.8 in bold: that
standard treatments have failed to bring adequate relief, unless the practitioner determines
that standard treatments would be harmful to the patient's health;
6. The additional requirements cited in paragraphs four and five above are in
addition to and duplicate of the statutory provision that the practitioner attest to the: "potential
risks and benefits" of the use of medical cannabis for the condition have been discussed with the
patient.
7. The Rule also required that medical records confirming a diagnosis of PTSD by a
psychiatrist or psychiatric nurse practitioner be submitted in support of an application under
PTSD in order for such an application to be accepted; this provision was amended in 2015 to
allow the certification to be made by a prescribing psychologist.
8. Department of Health added the requirement that a certifying practitioner attest
that standard treatments have failed to bring adequate relief based in part on concern that
cannabis should not be utilized as a treatment of first resort for Department-approved conditions
such as PTSD.
10
9. Currently, as in 2010, there are very few medical studies regarding the effects of
cannabis on persons with PTSD, and there are very few double-blinded clinical studies of the
effects of cannabis on human subjects, which may result in part from the fact that cannabis is
identified as a Schedule I drug in the U.S. Controlled Substances Act, rendering it unlawful to
possess or distribute under Federal law. However, it is also true that there are no double-blind
studies for any of the conditions the Department of Health approved for treatment by medical
cannabis.
10. All and any concerns described by DOH in Paragraph 9 above, are addressed
through there regulatory authority to list or delist debilitating medical conditions. That is the
gatekeeper role of DOH in this process that fall within their delegated regulatory authority.
11. Diagnoses for PTSD are subjective in nature, insofar as they are primarily based
upon the reports of the individual. However, there is an objective test provide for in the Rules.
12. The vast majority of persons enrolled in the Medical Cannabis Program have
enrolled under Department-approved conditions, and most of those individuals have enrolled by
certifying for PTSD and chronic pain. It is clear from the Medical Director's testimony and that
of Dr. Vigil, that DOH has concerns that the diagnosis of PTSD may or is misused to obtain
access to medical cannabis.
13. Dr. Kieve has submitted to the New Mexico Department of Health's Medical
Cannabis Program documentation supporting various patients' applications for medical cannabis
registry identification cards ("Patient Cards" herein).
14. Several of Dr. Kieve' s patients have sought Patient Cards for the treatment of the
patients' Post-Traumatic Stress Disorder ("PTSD").
11
15. Some of Dr. Ki eve's patients' applications for Patient Cards remain pending, due
to the fact that the applications have been neither granted nor denied by the Medical Director of
the Medical Cannabis Program, sometimes contrary to the patients' wishes. See Plaintiff's
Exhibits 5(c) and 5(d).
16. The Medical Director of the Medical Cannabis Program failed to approve or
delayed the approval of the subject applications of certain of Dr. Kieve's patients because Dr.
Kieve did not submit to him medical records or evidence that other treatment modalities have
been attempted and have failed in the treatment of her patients' PTSD symptoms.
17. The Medical Director demanded medical records of certain of Dr. Kieve's
patients as well as evidence that other treatment modalities have been attempted and have failed
in the treatment of her patients' PTSD symptoms.
18. The Medical Director has stated that, until Dr. Kieve submits the medical records,
as required under the contract rules, and other information, the patients' Patient Cards will not be
issued and the application will remain pending.
19. The purpose of the New Mexico Medical Cannabis Program is to allow for the
lawful use of medical cannabis by individuals with certain qualifying medical conditions.
20. Dr. Vigil, who was on the ground floor during the inception of the program,
testified that regulations were required in essence to prevent the State from getting in trouble
with federal authorities by allowing the distribution of an otherwise controlled substance.
21. The Act enumerates seven conditions that qualify for treatment with medical
cannabis.
22. The Act grants the Department the authority to additional medical conditions
eligible for treatment under the program.
12
23. As of the date of these findings, the Department has added at or near nine
additional debilitating medical conditions by regulation. PTSD is one of the debilitating medical
conditions added by the Department.
24. The Act states that the Department "shall issue" a Patient Card to a patient who
submits (a) a written certification; (b) the name, address and date of birth of the patient; (c) the
name, address and telephone number of the patient's practitioner; and (d) the name, address and
date of birth of the patient's primary caregiver, if any. NMSA 1978 § 26-2B-3(H).
25. The Act defines "written certification" as "a statement in a patient's medical
records or a statement signed by a patient's practitioner that, in the practitioner's professional
opinion, the patient has a debilitating medical condition and the practitioner believe that the
potential heal benefits of the medical use of cannabis would likely outweigh the health risks for
the patient." NMSA 1978 § 26-2B-3(H).
27. The Act does not contain language regarding a patient or a doctor submitting
medical records to the Department in order to receive a Patient Card, but it does permit the
Department of Health to "verify" the certification.
28. The Act does not require a single medical certification be supported by medical
records, but it does require both in language and purpose verification of the debilitating medical
condition.
29. It is the current and ongoing practice of the Department to require PTSD patients
to submit 1) current documentation confirming the diagnosis by a psychiatrist, psychiatric nurse
practitioner or prescribing psychologist and 2) evidence that "standard treatments" have failed .
30. Dr. Kieve has been treating patients for PTSD since 2010. Dr. Kieve has treated
approximately over a dozen patients.
13
31. Medical Cannabis treats the symptoms of PTSD. It allows or assists in the use
and application of additional therapy.
32. Plaintiffs Exhibit 1 outlines exactly what the doctor is to be providing when
filling out a certification.
33. Plaintiffs Exhibit 1 shows what the Department requires for "Medical Reasons
for Provider Certification". It clearly requires that the medical provider attest that standard
treatments have failed to bring adequate relief.
34. Plaintiffs Exhibit 2 states in the certification that a doctor may make a medical
judgment regarding medical cannabis. Dr. Kieve testified that her certification on the form
requiring her to certify that "the risks outweigh the benefits" takes into account any adverse
effects medical cannabis may have on the patient on other therapies or that may or may not have
worked.
35. There is no difference between the right side and the left side of Exhibit 2 except
that additional requirements are imposed for these submissions are provided for on the right side
at Exhibit 2. Exhibit 2 also reads "Verification of medical information may include, with patient
consent, examination of medical records documenting the patient has a current diagnosis of a
debilitating medical condition."
36. Plaintiffs Exhibit 3 shows that the Department of Health is gomg beyond
verification and focusing on the physician's treatment. In the Note section, it states "since you
have only seen Dr. Kieve once in consultation, we need prior records of failed therapies." It is
clear from this exhibit that the Department of Health is denying an application or delaying an
application based on a request that the patient exhaust therapeutic alternatives. This is not
required of any other illness nor allowed for by statute.
14
37. Plaintiffs Exhibit 4 again sets forth the requirement from the Department of
Health as "provide documentation of medications or standard treatments that have failed". This
is not a requirement upon which they can deny an application under any reading of the statute.
38. Plaintiffs Exhibit 6, as represented by counsel, is the updated application
checklist. It is within the Department's authority in verifying the application to ask for a medical
record that confirms the diagnosis.
39. Page 2 of Plaintiffs Exhibit 6 illustrates the issues in this case. This portion of
the form states:
By signing below you are certifying, that based on your in person examination of the
patient, the patient's condition is:
Chronic and debilitating
You have discussed the potential risks and benefits with the patient and
benefits outweigh risk
Standard Treatments have failed to bring adequate relief
If requested you can provide records that reflect history and treatment of
diagnosis.
The Court finds that the first and second bullets are permitted by statute. The
requirements for the third and fourth bullets go beyond the authority granted by the New Mexico
Legislature and do not conform to the requirements or abilities of the New Mexico Department
of Health to "verify" the application. The Department of Health is permitted to request records to
"verify" the diagnosis.
40. Exhibit A is the Medical Advisory Committee Report presented to the New
Mexico Medical Canvas Program at the public meeting on Thursday, January 15, 2009. These
15
are the minutes for the Committee's recommendations of other debilitating conditions that are
eligible for enrollment in the program.
41. The second page of Exhibit A, Subpart 1, are notes for "conditions that are
recommended for addition to the list of eligible conditions".
42. Subpart F of Exhibit A is the Post-traumatic Stress Disorder or PTSD notes.
43. Paragraph 2 of Exhibit A, Subpart F, indicates under Clinical Data "there are no
specific clinical trials data regarding the use of cannabinoids for the treatment of PTSD." This
information is relevant to the numerous references of lack of double-blind studies to verify the
effect cannot be the Lloyd's for the treatment of PTSD. However, the record reflects that there
are no such studies for any of the other conditions listed, either in statute or those added by the
Medical Advisory Committee.
44. Paragraph 4 of Exhibit A states clearly under "Verification of the condition" that
"there are DSM-IV criteria for making the diagnosis of PTSD". It sets no other criteria.
45. Paragraph 5 continues with the Verification Condition and states "the Medical
Cannabis Program should require medical records that document an assessment by a licensed
psychiatrist and a DSM-IV diagnosis of PTSD". However, the panel goes on to recommend that
"in addition, the psychiatrist should attest that other treatment modalities have failed to provide
adequate relief of symptoms and that medical cannabis might be of benefit to the patient". These
do not assert statutory authority.
V. Analysis
At the outset, it should be noted that the area of drug control is one in which some form
of delegation by the legislature of discretionary authority to an agency is peculiarly necessary.
To be effective, a drug control program must be reviewed continuously, and adjusted when
16
necessary, in light of new knowledge concerning the drug. The legislature, by its nature, has
neither the facilities nor the expertise to assume this task. Furthermore, because the legislature is
not in continuous session, it cannot give the drug control program constant attention, the lack of
which could result in a controlled substance being disseminated throughout the State before
effective controls were instituted. See e.g. State v. Edwards, 572 S.W.2d 917,919 (Tenn.1978).
Montoya v. O'Toole, 1980-NMSC-045, 94 N.M. 303,305,610 P.2d 190, 192.
That said there remain strict limits under New Mexico law regarding how far a State
Agency can deviate from their statutory delegated duty, especially when it is so specifically
defined.
The Supreme Court said in a case involving a delegation of authority under New
Mexico's Bond Act, and the Board of Pharmacy that:
The legislature has declared the policy and established primary standards to which
the agencies must conform. The Authority and other state agencies are
delegated only that power necessary to the accomplishment of the purposes
of the statute. Beyond that, it does not delegate legislative power or confer
executive or judicial authority. The legislature has not delegated its authority
to make a law but has delegated power to determine facts upon which the law
makes its own action depend. (Emphasis added.)
Montoya v. O'Toole, 1980-NMSC-045, 94 N.M. 303,304,610 P.2d 190, 191. (Citing State v.
New Mexico State Authority, 76 N.M. 1, 13,411 P.2d 984,993 (1966).)
The Department of Health argues that the Court should give deference to its
interpretation as an administrative agency, but because this is exclusively a case of interpretation
of the statute, this Court need not defer to the Department's interpretation. See Regents of Univ.
of NM, 1998-NMSC-020, ,r 17, 125 N.M. 401, 962 P.2d 1236. This Court simply declines to
depart from the plain language of the N.M. Stat. Ann. § 26-2B-2 because there is no ambiguity
17
within this statute. See Cobb v. State Canvassing Bd., 2006-NMSC-034, 140 N.M. 77, 92, 140
P.3d 498, 513. The Statute does not grant the Department the authority it seeks.
In this case, the role of the Department of Health is clear. As Dr. Vigil described in his
testimony and consistent with the statutory purpose, the Department of Health is to regulate the
application of and dispensing of the Medical Cannabis as permitted under the Act. NMSA 1978
§ 26-2B-2. The particular medical efficacy of medical cannabis on any of the listed conditions is
not known because not many studies have been performed. See FF 9, 10.
We apply statutes according to their plain meaning, unless adherence to the literal
meaning would lead to injustice, absurdity, or internal contradiction. T&T Taxi. Ltd. V. NM.
Pub. Regulation Comm 'n., 2006-NMSC-016, ~5, 139 N.M. 550, 135 P.3d 814. See also FF 2,3
19-23.
As outlined above, a "qualified patient" is one who has been "diagnosed" as having a
"debilitating medical condition" and has received "written certification"' of such. NMSA 1978
§6-2-B-3. All these terms are defined, most notably "written certification", which is a statement
.in a patient's medical records or a statement signed by a patient's practitioner that, in the
practitioner's professional opinion, the patient has a debilitating medical condition and the
practitioner believes that the potential health benefits of the medical use of cannabis would likely
outweigh the health risks for the patient. See Id. See also FF32-35. That is the entire scope of the
''certification." However, it is clear that the Department of Health has gone beyond what is
required in the statute. See FF 4, 5, 6, 7, 8.
This is bolstered by the clear language of NMSA 1978 § 26-2B-7, which read that the
department SHALL issue registry identification cards who submit a "written ce1iification" and
other identifying information. See NMSA 1978 § 26-2B-7B. Subpart C, then tells the
18
Department that they have the authority to '·verify the information contained in an application
submitted pursuant to Subsection B". It states further '·the department may deny and application
only if the applicant did not provide the information required pursuant to Subsection B of the
section or if the depa1irnent determines that the information is false." See FF 44.45
The Department in its own rules, by their title, acknowledge that they have gone beyond
the scope of their delegated authority.
In NMAC 7.34.3.8 they insert subpart C and title it '·additional application requirements
for the department approved conditions." 7.34.3.8 Cl and C2, C4 confcmn to NMSA 1978 § 26-
2B-3H and bon-ow language exactly from the statute. It is C(3), that departs:
C. Additional application requirements for department-approved

conditions: A patient applying on the basis of having a department-
approved qualifying condition shall submit written certification from the
patient's practitioner which shall attest:
(2) that the condition is debilitating;
(3) that standard treatments have failed to bring adequate relief,
unless the practitioner determines that standard treatments
would be harmful to the patient's health; and
(4) that potential risks and benefits of the use of medical cannabis for the
condition have been discussed with the patient, in accordance with
this rule; a patient who applies on the basis of having a department-
approved condition may also be required to satisfy additional
eligibility criteria, as specified in this rule.
Department of Health argues they have granted authority under NMSA 1978 § 26-2B-6
which reads that the Secretary of Health through and advisory board shall: accept and review
petitioner so add medical conditions, medical treatments or diseases to the list of debilitating
medical conditions that qualify for the medical use of cannabis. See Id. The Court disagrees.
This grant of authority is the gate keeper role of the department to add to the list of debilitating
conditions, not to condition to the treatment of those conditions by the use of medical cannabis.
The term "medical treatment" must be read in in context of the complete statutory language,
19
segregate it would read: add ... medical treatment to the list of debilitating medical conditions that
qualify for the medical use of cannabis. Thus NMSA 1978 § 26-2B-6 is allowing the Department
of Health to include a "medical treatment" (for example radiation or chemotherapy) as a
"debilitating medical condition'' it is not granting authority to the Department of Health to add
additional medical treatment conditions to the certification requirement.
The Depm1ment argues that if this Court limits the Depm1ment' s authority in this case it
would do damage to other requirement for application. The Department states:
Just as the "standards treatments" and medical records requirements of the

rule are not found in NMSA 1978, § 26-2B-7(8), neither is any reference to
"objective neurological indication of intractable spasticity" concerning damage to
the nervous tissue of the spinal cord.
See Closing Brief p. 4,5
This Court respectfully disagrees. What is contained in NMAC 7.34.3.8 (4) is not similar
to in kind or wording to 7.34.3.8 (C)(3). The first is an objective test to verify the diagnosis the
other is a mandate to the patient and to the doctor that they exhaust prescriptive or other
treatment remedies. Subsection (A)(4) is more in line with (8)(7) that requires that a diagnosis
for PTSD must meet "the diagnostic criteria of the current diagnostic and statistical manual of
mental disorders."
There is no argument that 7.34.3.8C3 is nowhere in the statutory grant of authority. See
FF 25-29,36-39. This makes sense given the context and purpose of the Act. The problem with
this provision and the implementation of it in the Department's forms is that it goes beyond
verification and intrudes into the treatment of patient and the doctor patient relationship. This is a
critical difference. The Court finds helpful this discussion by the New Yark Courts in the context
of a medical malpractice case:
20
In order to maintain an action to recover damages ansmg from medical
malpractice, a doctor-patient relationship is necessary (see, Lee v. City of New
York, 162 A.D.2d 34, 560 N.Y.S.2d 700; Murphy v. Blum, 160 A.D.2d 914, 554
N.Y.S.2d 640; Hickey v. Travelers Ins. Co., 158 A.D.2d 112, 558 N.Y.S.2d 554;
Fraser v. Brunswick Hosp. Med. Center, 150 A.D.2d 754, 542 N.Y.S.2d 204).
This relationship is created when professional services are rendered and accepted
by another person for purposes of medical or surgical treatment and may be based
either on an express or implied contract (see, Lee v. City of New York, supra ). In
general, this relationship is not formed when a doctor examines a patient solely
for purposes of rendering an evaluation for an employer or potential employer
(see, e.g., Lee v. City of New York, supra [firefighter's physical exam]; Murphy v.
Blum, supra [Workers' Compensation claim]; Hickey v. Travelers Ins. Co., supra
[Workers' Compensation claim]; LoDico v. Caputi, 129 A.D.2d 361, 517
N.Y.S.2d 640 [Workers' Compensation claim]). However, an important exception
to this rule occurs when the examining doctor causes further injury by either
affirmatively treating the patient or affirmatively advising the patient as to a
course of treatment (see, Lee v. City of New York, supra; Hickey v. Travelers
Ins. Co., supra; LoDico v. Caputi, supraLicht v. Hohl Mach. & Conveyor Co.,
158 A.D.2d 1000, 551 N.Y.S.2d 149).
Heller v. Peekskill Cmty. Hosp., 198 A.D.2d 265, 265-66, 603 N.Y.S.2d 548, 549-50 (1993)
Here, the Department of Health is requiring a physician first of all to try and understand
what "standard treatments" are, and if they can do that, they must exhaust those standard
treatments. In the case of PTSD it might be other prescription drugs. This is exactly what Dr.
Kieve rightly objected to, and is what is beyond the authority of the Department to require .
Finally, as Dr. Kieve correctly testified NMAC 7.34.3.8(C)(4) and its correlative requirements
on the forms that the practioner attest that "the potential risks and benefits of the use of medical
cannabis for the condition have been discussed with the patient" covers that concern without
mandating an exhaustion of those treatment. See FF 11, 12, 13, 14, 15, 16. This is bolstered by
the plain reading of the statue:
in the practitioner's professional opinion, the patient has a debilitating medical

condition and the practitioner believes that the potential health benefits of the
medical use of cannabis would likely outweigh the health risks for the patient.
N.M. Stat. Ann. § 26-2B-3.
21
The Legislature clearly intended to leave it to the practitioner the determination of whether or not
medical cannabis is proper for the patient with or without other alternative or with or without
exhausting other "standard treatments." See also, NM Admin. Code 7.34.3 DD. In fact by doing
so even seems that the Department is contradicting its own instruction that the patient client
relationship resides with the certifying practitioner not the state. See NMAC supra (stating: (3) In
order to certify a patient's application, a practitioner must have an actual physician-client
relationship with the applicant or qualified patient, and shall conduct an in-person physical or
mental evaluation of the applicant or qualified patient prior to issuing a certification.).
This Court will tum finally to Plaintiffs second request that this Court invalidate the
Department's requirement that medical records be provided verifying diagnosis of PTSD at the
time the application is made. See Complaint, Plaintiffs Findings and Conclusions. Again, based
on the cases cited above it is clear the Legislature such authority through a verification stating:
"written certification" means a statement in a patient's medical records or a

statement signed by a patient's practitioner that, in the practitioner's
professional opinion, the patient has a debilitating medical condition and
the practitioner believes that the potential health benefits of the medical
use of cannabis would likely outweigh the health risks for the patient. A
written certification is not valid for more than one year from the date of
issuance.
NM Stat. Ann. § 26-2B-3
The certification must include in statement in a patient's records, and the statute nowhere else
limits the Department to verifying a diagnosis AFTER rather than CONCURRENT WITH the
application. Plaintiffs request for relief is DENIED in this regard. See NMSA 1978, § 26-2B-
7(B).
22
VI. Legal Conclusions
A. Judge Sarah M. Singleton in her July 31, 2014 Order dispensed with the standing
issue. "The Court finds that Dr. Kieve lacks standing to assert the claims that are the subject of
this case on her behalf, but that Dr. Kieve holds third-party standing to assert the claim stated in
Count I ("Declaratory Judgment as to the Act") on behalf of her patients."
B. Nothing has changed regarding Dr. Kieve's standing. Not only does she have
standing to assert the claim on behalf of her patients but she has shown a concrete injury to
herself by the Department's insistence that she exhaust treatment remedies with her patient
before she is able to certify that patient's application to the program. See FF I, 13-18,30
C. The Lynn and Erin Compassionate Use Act, NMSA 1978, §§ 26-2B-1 to -7 ("the
Act"), created the New Mexico Medical Cannabis Program.
D. The purpose of the 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."
E. The Act charges the Department with regulation of the medical cannabis program.
F. The Act specifies that the Department "shall issue" a patient card to a patient
suffering from a debilitating condition who submits:
a. a written certification,
b. the name, address and date of birth of the patient,
c. the name, address and telephone number of the patient's practitioner, and
d. the name, address and date of birth of the patient's primary caregiver, if any.
NMSA 1978, § 26-2B-7(B).
23
G. The Act provides that "the Department may deny an application only if the
applicant did not provide the information required pursuant to N.M. Stat. Ann. § 26-2B-7(B) or
if the Department determines the information provided is false."
H. The Act grants the Department the authority to add, by regulation, additional
debilitating conditions that qualify for treatment with medical cannabis.
I. One of the conditions that the Department added by regulation is post-traumatic
stress disorder ("PTSD").
J. When an applicant applies to the program with the qualifying condition of PTSD,
the Department requires that supporting medical records confirming the diagnosis be submitted
with the application. Requesting medical records "verifying" the diagnosis are within the scope
of delegated authority of the Act.
K. When an applicant applies to the program under PTSD, the Department requires
that their certifying practitioner attest that "standard treatments have failed to bring adequate
relief." This is beyond the scope of the Department of Health's authority under the Act.
L. The Department's current Patient Application requires all practitioners' written
certifications to attest that "standard treatments have failed to bring adequate relief." This is
beyond the scope of delegated authority under the Act.
M. There is statutory authority that allows the Department to require that patients
include medical records with their applications for patient identification cards if it is limited to
verifying the diagnosis of PTSD.
N. The Department has exceeded its authority by requiring the submission of
medical records by patients applying to the program with PTSD beyond what is permitted in
paragraph M.
24
0. Any proposed findings of fact and conclusions of law not consistent with this
Opinion are deemed denied.
IT IS ORDERED:
P. There is no statutory authority for the Department to require that a PTSD patient's
certifying practitioner attest that "standard treatments have failed to bring adequate relief' as a
condition of approving an application. The Department may not impose this requirement.
Q. As part of an initial application for a patient card, the Department may require
from patients and their practitioners no more information that what is included in NMSA 1978 §
26-2B-3(H), except as provided for in this Opinion/Order.
R. The Department may require a practitioner to submit a "written certification" in
support of a patient's application, but the Department may not require that the "written
certification" contain any information or attestation that is not expressly required by the Act or as
provided for in this Opinion.
S. The Department may request at the certification stage medical records from a
patient and/or a patient's practitioner only 1) to verify the truthfulness of the patient's
application, and/or 2) if the Department has reason to believe that the patient has submitted false
information.
O~dL
HONORABLE DAVID K. THOMSON
District Judge, Division VI
Entered 4/29/2015
Parties Entitled to Notice

By Odyssey File and Serve:
Brian Egolf, Esq.

Jamison Barkley, Esq .
Chris D. Woodward, Esq.
25
.... .Enrollment/.Ke.,,enroument. Medical «.;erttttcation J:t
~o.rnt .~ ...,..... _ .
NEW·MEXICO
Please print cleorly and en.sure applicationis complete. lncompleteor illegibleapplicationsor applicationswith
DEPARTMENTOF missingdocwnentswill delay processing.Incompleteapplications.will be kept on file for six monthsfromthe
•UEl[TD
D I ft i L-dat
- e_r_ec
forms _e_iv_ed
must _have
b_y_th
_e_p_ro
_gram
original__ __ r s_ix
;_afte
signatures. _be
_v_o
_ m_o-n-ths-it_wt_·1_1
Photocopies, faxed _ided
and andanewcopies
electronic applicationmust
will not be be submitted.All
accepted.
AppUcantFirst Name: MiJ:\'½e ~ Last: ----- Middle Initial: -

PatientDate of Birth: (for verification In case of duplicate names)
Medical Reasoo for Provider Certification

Please check only one condition(cheeking mullipleconditions111i1J1
delaythe appliclltionprocas)
0 Amyotrophlc Lateral Sclerosis These conditions have additional requirements for submission.
C Cancer(pleasespecifytype) _________ _
□ Glaucoma(Ophthalmologistdiagnosisrequired)
□ Oohn's Disease □ HepatitisC Infection currently racelvln1antiviral treabnent {proofof current anti-viral
□ Epilepsy treatment required}
0 Inflammatorya1110lmmune-medl1ted arthritis (Rheumatologlstcertilitatfonrequired)
CHIV/AIDS
□ PalnfulPeripheralNauropathy (submitmedlcalrecords with dlaeninls)
C HospiceCare
□ Severe ChronicPain (this conditionmust ~ accompanied by two medical
□ Intractable Nausea/Vomiting Certlflc:atlons
familiarwith patientschronicpain,one froma primarycareproviderand a
C Multiple Sclerosis second from a spedall5t with apertlse In pain management or expertise In the pl'OC8$S
that l5 causll'IIthe pain confirming unremlttlns savero chronic pain. This applles 10 both
□ Sellete Ano~/Cachexia wapplfcatlons and re-enrollmenU),
0 Spinal Cord O.mage with lntRctabla Spastldty ost-Traumatlc Stress Olsorder (currentdocumen~tlon confirmingthe diagnosisby a
chl;itmt or Psychiatric Nun-e Pr.ictltloner must be Included with this certlf!altlon) .
□ Spasmodlc:Tortlcollis(CervicalDy$tonla)
C Huntington's Disease
□ Parkinson's disease
Written certification MUSTbe provided pursuantto theLynn& Erin CompasslonoJeUseAct of 2007,medicalprovidermustcertifyand answerthe
foJlowingquestionsas well as provide medical records, diagnostic notes, or signed letter regarding treatment and diagnosis.
By signing below you are certifying,that based on your In person examination of the patient, the patient's condition Is:
• Chronicand debilitating )dv es □ No
• Youhave discussed the potential risks and benefits with the patient and benefits outweigh risk J.!!e s □ No
• Standard Treatments have failed to bring adequate relief j{ves □ No
• If requested you can provide records that reflect history and treatment of diagnosis. 'jt<es□ No
For re-enrollments,the provider must re-certifythat the patient',medicalconditionstill warrantsthe use of medicalcan~~ by selectingthe
answer that applies. Doyou belleve this personstillmeets the ellelbllltyrequirementsfor the MedicalCannabisProgram?~Yes □ No
The New M61cicoDepartmentof Health,MedicalCannabisProgramwill verifythe informationprovidedwithin 30 days of receiving11full nndcomplete

appllcatlon. Verificationof.medical infonnation may in.elude, with patientconsent, e'Xamination
ofmedicnlrecordsdocumenting the patient hosa current
diagnosisof a.debilitatingmedical condition. Certificationmust be providedby a practitioneras defined in Section3 of the Lynn & ErinCompassionat,
Use.Actof 2007,"a pCTSon licensed in New Mexico to prescribeand administer drugsthat arc subject to the ControlledSubstancesAct." By signing
below you are attestingthat your primaryplace of practiceis within the.State-ofNewMexico. Furtheryou arc certifyingpatientcligil>ility
for enrollment
in the New MexicoDepartmentof Health MedicalCennabisProgramMd ogrociogto have patientmedicalrecordsauditedas necessary.
ProviderName: Lf\'(el 1--'""-''-- _______ Patient in your care for bow long? -=
bJ~'-""'i+=-..:;...
__ _
ProviderEmail: --.:== I<,,,../
l
~,:i~::d~~!~' ~~~eflPeclelty: ~ :--':::
~~p-'-c::H~e-; ~ """'...,.~..,...
MailingAddress:---:~ ~~:::t::"=,.......-;-:;r::--...,.-;;-:-,; ;::;;:-- -;; ___________ State: NM_ZlpCode: ___ _
7
Provider Telephone N
NM Medical License fl:
NM ControlledSubstanceLicense#:
Date:
(Must be dated wl
3 J~{
m!IY 9 days of program reeelpt)
NMDOR USE ONLY
__,ite Chart Created: _____ _ 0 Approved □ Not Approved MedicalCann EXHIBIT ofBaHh
Medical Director Signature:____________ _ Date: __ _ 1190St. Fra 87502
MCP Coordinator/Man.ager Signature:_________ _ Date:__ _
1 1 Page2
Enrollment/Re-enrollmentMedical CertificationForm
with
Pleaseprintclearlyand ensureapplicationis complete.Incompleteor illegibleapplicationsor applications
missingdocumentswilldelayproGeSSing. Incomplete applications
willbe kepton fileforsixmonthsfromthe
datereceivedby the program; aftetsix monthsit willbe voidedand a newapplicationmust be submiltld.All
fonns must haveoriginalsignatures.Photoeoples,faxedand electroniccopieswill not he accepted.
MedicalReasonfor Provider Certifieatlon

PleasecJ,eckonly one condition(c/1eckillg
ntulllpleconditions11111,r
delaytl,e appllcatio11process)
□ AmyotrophtcLateialSderosls These conditions have additional requirements for submission.

a Cancer(pl.easesped,Vtype)_________ _
0 Glaucoma(Ophthalmolostst required)
dla1110sls
C Crohn'sDisease currentlyreceMng
CJHepatitisCl11foctlon antiviraltreatment (proofof cummtanti-viral
C EpUepsy treatmentrequired)
□ Inflammatoryautoimmune-mediated arthritis(Rheumatologlstcertlllcatlon
requlnad)
□ HIV/AIDS
□ PalnfulPeripheralNeurcpathy(submitme~lcalrecordswithdlap1oslsl
a flosplceCare
□ SevereChronic
Pain(thisconditionmustbe accompaniedbytwo medical
□ IntractableNlllusea/Vomitlng Certlflcatlcns
ramrnarwithpatientschronicpain,one froma prlmarycal'!providerand a
C MulUpleSclerosis secondfroma speclallstwith expertiseInpain managementer e,cpenbe Indie procass
that Is causingthe painconfl'!'l'lnlunremittingseverechronicpain.Thisappliesto both
a SevereAnarexlll/Cachexla ~ew appllcatlons amt re-enrollment!) .
□ Splnal Cord Damagewith IntractableSpastlclty .,..at.~ost•Trauma11,StressOlsocdcr (currentdocumentoUon confirmingthediagnosis bya
P$ychlalrlstor Piyi:hlltrlc Nu,s.e Prattlllonetmun be lntludedwith this cmtlflcatlcn).
□ SpasmodlcTorticoDls
(CervicalDystonla)
WriUcn ccrtlOcotion MUST be provldeel pursuant to the Lynn& Erin Comptusionate UseAct of 2007,medicalprovidermustcertifyand~r the
followingqu~ooi; as well asprovidemedicalrecords,diagnosticnotes,or signedletterregardingtreatmentand diagnosis.
Doyou certifythat this person's quallfylngmedicalc;ondltlonIs debllltatlng? ~_; □· No Provider'sl~ltl~~ · ··
Doyou certifytha.tthe potential risksand benefits of the use of medicalcannabisfor the conditionhave been dlse1.1ssed withthe patient?~
)(ves D No Provider's1n1t1als
Do you certifyth~t standard treatments have faUedto bring adequate rellen ,~es D No Provider's Initials
Have you attached medicalrecords,diagnosticnotes, or ether records
Where are patient recordskept? Office_ Other (explalo)-+ty).>CA.,.~""""-"~
of¥3!'.'1~t?,,....-'."::"
-= :..:...-'-1~....;::;'-"-'-"-""'-f_ __
.)i4.::J.es□ No Provider'slottl~ls
___ ___ ___ _
For re-enrollments, the provider must re-certify that the patient's medicalcondition~till wan-ants the use or medical eannabiJ by selectingthe
answer that applies 110d l11itialing. r-n/'I
Doyou believe this person still muets the ellglblRtyrequirementsfor the MedicalCannabisProgram? ~es □ No Provider'sInitial~_ ..,
..., ,;
• .. lne NcWMexicoDepllJflllaitofHeaitii;MedicalCannabisPrn8JUIIwillverifythe tnfonnruion providedwithin30 daysof.receivinga full 1111d completeuppUcelion.

Verificar:ton
of medicallalocmationmayinclude,with plillcntconsent,ciceml1111tio11
o[ medicnlrecordsdocumeritlng die pe:tlllllthas &.Cllrrcnldfaiuo$i.1
ofa dcbiUllllfog./'
d. Erin Compaulonate Us~.Ac,q/2001,•a pmc11 licensedin New .
medicolCQndition.Certificationmuslbeprovidedby II pmctitioneras defirllldInSection3 of IlleLy1111
M~co 111pmcdbe undodm!nlster drup !hatan, :Nbjcetto IlleContralf~Snbstanel:3 Aet." Bysisninsbelowyouoret11testinathatyour prirnaiyplaceorpractlo,is within
the Stateof New Mexico.Pmtheryou orecertifyingpatlmt eligi'bilityfor enroUmmit in lheNowMexicoDeportment oflrealthMedicalCaMabis PrognmBIidagJCeing lo
havepatii:ntmedicalrecordsauditedas nece.uaiy.
{v-. ~=:===
===
====== Patient In your care fo~ bow long? (o / t ~ / 1Z..
_ _ __ _ Bojlrd Certified ~eclalty: l§<.IC-klta.fvv\
_ ,:_;::.._......--,--:~ ....a..;.-.;;..;_ ,.__.:....:..:.________ city: L,,llS veoet.~State:tii i:f-ro,
zipCodc\
---,- -=-----=-____;:;.,,--=
--,,..,.-~.-,.., ,-:;;:o.-:::--::-City:· Statu tiM_ Zip Code:___ _
..,_........,"'--Second Telephone N
DEA License #:
Medical Provider Signature: nee:
Date Chart Created: _____ _ l2f

Approved □ Not Approved Medical Can EXHIBIT ofHcalth
a.
Medical Director Signature: Date: -, ll90 St; F 87505
MCP Coordinat~t/Manager Signature: Ovv-J
e=: 7 Date: '-1- \ j "'\)
1 age2
Revised 4/20/2013
Pleasereturnthisformwithmissing
documentation.
o+i'c-e_
Dear P11.tiertt
Applicant,
Thnnk you for applyingto the MedicalCannabisProgrum. Throughthe ndntioistrntivereviewprocess, it has beendeterminedthat
your applicationis incomplete. We willcontinueprocessingyour applicationprocesswhen Iboinformationrequestedbelowhasbeon
received. The progrnin cannot nccept Items vin email or fox nnd nUmedlcnl 1·ecordsmust be within tho 111st
12 months.
0 Cl~ilrcopy ofNM Photo LO. (Driver's license or NM StnteID Cnrd)- Mustbe a copy of the permanentNM PhotoI.D.- Temporary/
Extension I.D. or licensesare not accepted,)
D Information 1·egnrdlngcllngnosls
D To qualify widerSevere ChronicPninyou need hvo certifications,oneof whichmust bo Conna specialistwithexpertisein pnin
managementor expertisein the process that is causingthe severe chronicpnin.
0 To apply under InflammatoryAutoiminul\e-MediatedArthritis,:yourcertificationmustbe froma rheumntologist.
D To apply undorGlauoomn:the diagnosismust be mnd.oby on ophtltalmologlst.
0 To apply underPainful PeripheralNeuropo,U1y : Medico!Recordsmust be submittedwith diagnosis.
D To apply un<krPTSD: You must providen letteror recordsfrom o:psycWntristor psychintricnursepractitionerthntconfinn
diagnosisnndprovide nu updnteort how yolt nr&doingund.er cutTOnttreatment.
'm Clinicalnotes, diagnosticnotes, or currentmedicaldocumentsare required.o {;.,P.$#rtt',1~ ~~ ~
D After consultingwith your certifyingmedicalproviderand/orreviewingthe medi tlI'ecofas i~ji:~ that you are not
~ible under' the conditionyou listed.
1f,,Providedocumentationof medicntionsor stnndardtrentmentsthat havefuiled. ~ ~ ~ f
0 Enrollment Forms/MeclicnlCertificntiou fo1•n1s/Mcdicnl Practitioners Notes ~ (/
D EnrollmentInformationFonn w1isnot complete
D Applicant did not sign nnd/or dnte the fonn.
D Medical Certificationor Medical PractitionerNotesfonn was not complete/NeedsPhysicalcxnmor mentalstntusnotes,
D Missingmedicalprovider contact informntion
D Certifyingru1d/or contributiugmedicalprnctiliont:r(s)providing recordsmust be licensedin New Mexicoand musthave II curte11t
NewMexico ControlledSubstaacc:s License.
0 Release oflnformntlon for nil contributing n1edlcnlpractitioners.
0 Patient Froductlou License Applkntion Form

D Incomplete,nil seclio~ must b com1>leted .
Not enoush detail, each section must be answeredin derailor securityneedsmore detoil.N •edmore011 sccurllymtmsures.
B Ptoo£of householdincome is req_ub:cI but was not submittedwith your npplication.You must provide o copyof your llousehold
federal tax retum. If your householddoes not file federaltaxesprovide n statementregardinghow manypeople livein yourltousehold1
and what is your total monthlyhouseholdincome.
D A $30 fee is required but was not submittedwith your application.
D You must provideproof you owu propertyor that It is your primnryresidence.this can be in the formofa deed,utilitybill, or a
certified copy of your lease agreemen1.
0 Outdated fonns were submitted,Please re-submitcurrentprogramfonns.They can be foundon the programwebsitebelow.
0 Enrollment/Applicntionfonns MUST be originals. Copiesare NOT accepted.
~Not ·
Malling Address: C"ontnct n1lon:

New MexicoDepartmentof Health MedicalCnnnabisProgram Emnil: medical.cannabis@state.nm.us
1190 At. FrancisDrive S 3400 WC!bslteAddi·css: www,mnhea)th,org/mcp/
Santa Fe, NM 87505
_, J' '•
OfficeNumber: 505-827-2321.
Updated 8/16/2013
EXHIBIT
I 3
NEW
,:MEXIC0
Hliil DATE: .....,..,_

. __ _·~lo_2.,_.l
, 7--
.:.,. ....
1ci:;._7,
_ _
Pleasereturn this form with missing
documentation.
~Patient _Re-enrollment
Dear PatientApplicant,
Thankyou for applyingto the MedicalCaMabis Program. Throughthe administrativereviewprocess,it has been determinedthatyour
applicationfs incomplete. We will continueprocwiag yourapplicationprocesswhen the informationrequestedbelowhas been-~ved.
ne program-cannot accept items via email or fax and all medicalrecords mast be within the last 12 months.
D Clear copyofNM PhotoID. (Driver's Licenseor NM StateID Card) - Must be a copy of the permanentNM PhotoLD,- Temporary/
ExtensionI.D. or liceascs
are not accepted.)
0 InformaUon Tegardlng·dla.gnosls
G To quolil'funder ·severeChronicPein you need hvo certifications,one ofwhiob mustbe from a pain managementspecialist
0 To npplyunderInflammatoryAutoimmune-MediatedArthritis,yourocrtificationmostbe .froma rbeumntologist · ·-··
D To apply underGlaucoma:the dingno~ismust be madeby an opbthalmologis1.
0 To applyunder PainfulPeripheralNeuropathy:MedicalRecordsmustbe submittedwith diagnosis.
0 To apply underPTSD:You must providea letteror recordsfrom a psychiatrist.orpsyi::hiatrlcnursepractitionerthalconfirm
_ ~lfgnosis and providean update on bow youore doingundercur.re·nt trea~ . _. r
,1, .-Li . .,..
~1 cal Dotes,diagnosticno,tes,or currentmedicaldocumenlS are required.'t1],f1sJe 01~ '-~ ~
col1$Ultingwith your certifyingmedicalproviderand/orrevi.ewinglhe medicalrecordsit has been_aetenmned that you are not
undecthe conditionyou listed. \ (\. {~ ~ Q ~ () ~'/SJ ''(4., , •
de documentation·ofmedicationsor standardtreatmentsthathavefailed. \) I
0 Enrollment.Forms/Medical
Certificationforms/Medical
~ctitioners Notes
D Enrollme~finformation·Fonn was not complete
0 -AppU~t -didnot signand/ordate the fonn.
0 MedicalCertificatibnForm was not complete
D Missing inedical
providercontact information
0 Ce11ifyingand/orcontributingmedicalpractitioner(s)providingrecordsmustbe licensedin New Moxko and musthavea cunent
New MexicoControlledSubstancesLicense.
0 Release of Information for all contributing medical practitioners,
D Patient Production Licenn Application Form
0 Incomplete,all seclionsmustbe completed
D Not enoughdetail.each sectionmust be answeredin detail,
D J'_mofofho~eltgJ.~jncom~is fequlrodbut wnsnot submittedwith yournpplicntion.Youmust provide11.copy:of.youthf?Wehold
federal ln.xreturn. Ifyourfiousehold does itol·file federal taxeirprovidea storementregardinghow 1114ilY
peoplelive in your household,
and what is your total monthlyhouseholdincome.
D A $30 fee ls requlr.edbut was not submittedwithYoutapplicalion.
D Addresson 8J)l?liOation differsfrom addresson file. You mustprovideproof you ownpro~tty ot that it is youri,rimaryresidence.
· This can be fn,the fomi oh deed, utilitybtll, or-a certifiedcopyof.youdense agreement,
0 Out~ted formswernubmicted. Please re-submitcutmtt programforms. They can be found on Iboprogramwebsitebelow.

D formsMUST be originals. Copiesare NOT accepted.
:&r~llment/Application.
0 Notes:
MaUlngAddress: Contact lnlornmtion:

New Mexico.DepartmentofHenlth MedicalCannabisProgram Emnlh 111edioalca1lD8bis@s~te.nm.us
1190 At Fnincis Drive S 3400 Web,lte Addrem www·nmheallh.onilmqgl
SantaFe, NM 8750S Office Number: 503-827-2321
Updated 8/16/2013
EXHIBIT
I l/ (
.. -·····..,··•....,u,1uauon 11or .ar-"""'I
rl c-.iseprint r lcnrly 11
nd ensure opplicntion15compkle. lnco111p h:1cor llltg iblc lica
ini.-isingd cumcnlswill delay proct:SS ing. lncornplcltappli~nlions willbe kepi M fr c
dale rcccivcd by 1h1:pros,am: n.ftcr~ill1nun1hsii will be voided1111d a new npplicalion sl b b
fornrnmust ha,,c originnlsir,nalun;.s . Photocopi~s , r:i.tell nnd clectrnnic copic~will not be ncc~p:c;J.
~ew Pntient O Re-enrolling Patient (Patient lD # Exp iration Date:- ~------
0 Copy of New Mexico ID or Driver's License Atta.cbed. (This must be o perm:rncnt ID; the p~grm:; cusmo! o::cc.:;,
ApplicantFirst Narne: __ _ ___ _ Middle:
The following information is optional ond is used for sliltistienl purposes only:
_ Hispanic While VAmerican Indian Black or Afl'ican/Amcriea11 Asi n
Nati c Hawaiian/Pnoifio Islander Other
T!:,, pf';y·:;.:,:d 1:dt r, ":JS pr.;. ·:d::-1b2/i1u: musr' /;c yuur primnry pliy.)·j::d trs:rlew:,i 0,1d ,:,i.'I epp ~.e:· •' , -~ ·,::-::::~'!::!,:: :.. ,. i
il-!b.J~,,
··.' t·: t:_i)j;,,~•li: -. a,u·chcn;;2 uf address uu1.s1be repari ••d, i:, ,,r itiu.t~. 1.1,; ..rr t:jj~·..~ ::·!J·:,•:., '.', i ·.-,
. Or. .·e a11p.r:;-:er.,
calcndur 1/11ys.
lumgc of address from previous year npplicatious'! _ Yes / No
Zip Code: -----
Me1.Jicnl
Provider', Nam ccoodaty MedlcalProl·lderName:
Q.C1{C)\Q Y.,~\le_ _____ ~------ - -- -
Medical Provider's Office Address: MedicalProvider'sOffice Address:
_\\oDO J..&io._~-J'.',ld~ C#\lo
so.a-to.~e. '1M o1S-eit I
O;,signing below, I cenify thal all the infonnationsubmittedis completeand correct. {olso aeknnwledgl! that ( h:ivc
r~•c.l:ind will abide by the limitationsand restrictionson my right to use nnd possess.tncdical cannal.li:,ns !:>Wtcj in the
.y1mand Erin Compassionate Use Act and in NewMexicoAdministrativeCode7.34.3, the full text can be foundon
~\ • t 1 1 •. , ,, .. ~
_,_. _ _. t:,.,_ .•
EXHIBIT
I
(Ua1e)
NMDOH~S~ ON V
·=====
..~=
__
,__
·-. ·'..·-
l\lcdic I nn11:ihisProuram • Ni\1 O~ptirtrncm orll~:illh
f.'c,New l\1ctico 11;;;05
J t'lO SI. Fn111dsDri\'t', S3400 • $1111111
(50!1\1127-2311
PageI
-- ---~- .. -..-..'-cu '\..,~J uucanon Jl·orm
1'4CVV IVltJ\lGU Please print clearly and ensure nppl!cntlonis complete. Incompleteor illegibleopplicationsor applications with
DEPARTMENTOF missing uocumcnlSwill delay processing. Incompleteapplicationswill be kept on file for six months from the
H..
HEA[J hove original__
_d_a_•e_n:_·c_c_lv_c_<l_b_y_l_he-pro_gram
fom\Sm11s1 s_i_x_m_o_n-1l_is_
signatures.
;_n_n_c_r i_tw_lll_b_c_v_o_id_cd_an_d_n_n_e
Photocopies, fn cd and electronic_
wcopies
_o_p_p_lic_a_t_io_n_m_u
will not _s_
bet _b e_s_u_b_m_i_lle_d_
11cccpt,J. ._A_I_I
-~
THE ENROLL1\1£NT/RE-ENROLLMENT MEDICA CERTIFICATION FORM MUST BE COMPLETED IN FULL DY THE

MEDICAL PR
Applicant First Name:
Date ofBir1h: {ror verlncatlon
M,dk11l ellJIODfor Provider Certification

Picas, tht!Ck only one condltlon (clrecking multiple co11ditlonsmay 1/efay1!,e oppflcation proi:l!SS}
0 Amyotrophlc L:lt'onlSclenisl t These conditions have additional requirements for submission.

0 Cancer {please.s11«llvtype) ____ __ ___ _
□ Glaucoma(Ophthalmologist dla81'osisrequired I
0 Crohn'so~ase □ HcpatltbCInfectioneurnntty ~celvlnaantlvlr.al ttcatment (proof of currenl antl•Vir.i
l
□ Epllc:psy treatment required)
0 Inflammatory11utolmmuna-medltted 11rthrltl$
(Rheumato logln cert1nc.1.1lon
r utred)
□ HIV/AIDS
D PainfulPerlphera! lfauropathy (submll m~le;I records with dlagnruls)
0 Hosplte Care
0 Severt ChronicPein (th is conditionmust be :iccompanle d by two medic.ii
□ lntrnrtabl d Nau1n/Vomltlng CertlOcatlon~fumlltarwith patients chronicpain, une from a p1lm11ry ure provideranda
□ Mulllpla sderosl5 soc:ondfroma spedatl.stwith upettl5e In peln manag■rnent or ~rWo In th process
that Is c:auslnathe pain conflrmlngunremlttln;sevue chronicpain.TIiis applies to bctti
0 54"-l'ltAnorul•/Cacheitl11 new appllC11tlons
and re-enrollmtmtsJ.
0 Splnat Cord Damaa11
withlntntuble Spastldty \Q/Post•Tr.iumatlcStuss Olsorder(current doc:umentltlol'Iconl1rmlnglhe dlaanosls by a
r"P$YCh lablst or Psychlattlc Nur,e Pradlllonor mun be includedwith thlscertJHc~tlon).
□ Spasmodic Tortlco111$
(Cenll~I Dyflonla)
Wril:ti:n ccr1lficot1011M IJS'T be prn, ·idcd pursuant 10 lhc l;m11& Erin Compo.sslo11ate Use Acl o/2007, medical provider musLcertify and nnswcr tl1e
following,qucs1io11 .sns well us pro,·ide meditnl n:cnrtls, diagnostic notes, or sigJJcdlelttr rcgordingtrcalmcnl w1ddlugtiosis.
Do you certrfythat this po~on's qualifying medical condition Is debllltatlng? 'rnYes O No Provider's Initial~
Do y,. a,rtlly Iha! d,o P<>tenllI ,blu aad b,oonuol tha "" of modlul <O~bl• to, tho eond"1"" ha,o ,;;n dl"""'d with tho pollen~
.J9 Yes O No Provider's lnltlal~
Have you attached medlcil record,, dh, ~tla

Do you certify that 5tandJrd trcntment., tuive fallod to bring adequate rollen
notos, or other rocords of treatment?
;$,-YC!SO No Provider's l11ltlal
){. Yes D No P1ovlder'$lnltlal
Whetaare patlont records kept? Office
0 Other (e,cplaln) __________________________ _
For re-enrollments, the provl(lcr muJt rc-ccrllr) •111111lhc patient's medicnl condition still warrants tht un or medkal cannabis by selecting the
answer thnt uppli s 11ndtnit1111ing.
Do you bcllellathis person 5tlll meel:5the ollglbllltvrequlr emenl.s for the Medical Cannabis Program? □ Yes O No Pro111der'5Initials __
The NewMc.~kdDcp111tmcn1 ofHe11llh.Medi"! CannabisProgramwill ~erifythe lnformetion providedwithinJOdny$ofn:ceivi:ngo full 111dcomplc:tc appliution.
V«ificationor mc-d1calinfcmnatiDllmayinclude,wllhpatientconstn l, cJCllntinatlon
of medical rc:cordsdocumenting
!hepnlicnlhas n cum:nldingnosls of o deblliUlling
mcdi.cal condhlon,Cmificsion mw1 be:providedby a prnditioner as delinedin Scdion3 of the l>m &. Erir,Compcml011a1e U# AcJof 2001,"11per,cn licensed In New
Mexicoto prescribenndadministerdrunslhlllrue5ubjcctto the ControlledSubstancesML By signingbelow you an: nllcstinglhnt your prlmlll')'pla~ r pmcllu Is within
M
the Stale orNcw Mcit co, FurthetYQUe.n:miifying patienteligibility for cnrollmcric

in lhcNewMciico Ocp.llltfflelll
ofHeallhMcd1c!ll Prognunl!lldngitelngto
Cnnnllhis
havepnlient mcdlealream.ls ouditcdns ntCCSSlll)'
,
13 .. __NOV
,.._
12 2013
--~---... --
tX Il,;0 1 P-lt_lL5_c_p_ri_nt_c_h:_ar_
l'Jt VVIVI ly_an_d
_en_s_ur_c_ap_p_li_cu_li-on_i_s_co_m_p_
lc-le-.-ln_c_o
m_p
_lc_t_c
-or_l_llc
_g_
lb-lc_n_p-p
l-ico-t-io_n_s
o-r-n-pp
- l-ica_1
_ln_n_\_Vi_LI)_--,
OF missingdocumentswilldeluy procc:ssing.lncomplttc uppllcu.tionswill be kept on meforsiit mon1hsfromthe
DEPARTMENT
datt rccoived by theprogram;afier six monthsit will be voided nnd a new 11pp lic-atlo11must be sulimittcd.A ll
HEALi formsmu~"I haveoriginal signuturcs.l' llotocopies, faxed :ind electronic opics will not be :\ccc1lled.
This form is completed by the certifying mcdk:il prnctitioncr and inc luded witb all applications.
Patient Name: Date of Birth:
'¢.New Patiettt Application O Renewal Applicntion

Location where Exam Performed: _.,,_
I~=-
-=-6~_ 1.,,
_~_
V\
_Ol
_ _~~ - ~- ~J
_D_)--l-
...;;c;__=tt___,_
11p
,..___
______ _
City: Sfi \£1\ lvt \:e._, State:W. Zip Code: ~1: J))
D Continuing Patient _JQlnitial Visit O Consultation

Medical History: Please nttach medical records or provide a written statement below regarding treatment.
Physical Exam Notes: D WithinNonna! Limits
A the certifying practitioner, is it your professional opiflionthat the potential health benefits of the medical use of cannabis would likely
outweigh he Ithrisks for this patient?
JJ'Yes □ No
for renewal, is the patient maintaining or improving on crumabis? Please Describe:
Recommendationsfor ongoi1igtreatment:
J Clinical/DiagnosticNotes, Medical RecordsAttached
Diagn sis: P'J:§

L)
~n:{~t lL-UM(- u10
Practitioner Signature Date of Evaluation fRfUEC~
uw'fu.J'
NOY12 2013
Medical Cannabis Program
NM Department of Health
Email: mcdical.cannnbis@late.nm.us
Website: www.nmheallh.org/mcp
-=.::::
~~~""'---------
1190 St Francis Drive,Suite S3400 Phone: (505) 827-2321
Santa Fe, NM 87505
Pa.!!c3
I\Jt VVMl:XICO,---P-lc_ns_c
-pn-.11
-t - ,cnr--ly_llll_d
-en-su-re_o_p-pl-ic-nl_io_n
-is-co_m_p_lc_
tc-. '1-n m_pl-et-c-or_il_lc-gi-bl-e-ap_p_lica--
c_o_ t-io -wl-th--
-ns_o_r_op_p_llco-tfo_n_s
DEPARTMENT
OF mis.sing documentswill dcloy processing
. Incompleteapplicotionswillbe kept n fil e for six months from the
EA[JH ·- forms must

'--::d~otc_r
_cc
_u_lv have
-ed_ originol
b_y_tf_
1c-p signnture.~
. Photocoriles,
-ro-gro-n-l;_a_flc_
r_si-x ·il_ ~d n11tlt lcclronlc_c
ful b-c-vo-i-~c_d_nn_J_n_n
-m-on-lh_s_it_w_ co11I
~ wlll not b~
a-p-pl-lc-nt-io-n
,_v -m-u -accepted
sl-b c-s-ub_n . _A_ll_--1
_,il-lc-d.
I, f-----' hereby authorize the New Mexico Department of Health,
Medical Cannabis Program to discuss my medical condition, including treatment records, test results
and evaluations specific to PT6}) wilh my
(PleasePrint Qul\llfylng Mcdlcnl ConnoblsCondition)
First Name: Last Name:
Any Medical Specialistor Provideridentifiedin this 11pplicatiooor suppo.rting documcntntion:

First Name: CtuYoI1A Last Name:
(Please IJrintSpecialist.or Pmvider Numc)
~l we {l,{V J
PirstName: Last Name:
-- - -----,-,-~,...-:::---:- --------------
(I1 lcasc ?rinl Spcciali I or ProviderNnrnc)
I understand that I may revoke this release at any tiruc. I also unders~andthat if I wish to revoke th.isauthorization,
I m\lst do so in writing Lo the Medical Cannabis Program Coordinator, nnd that revocation may result in the
inabiLityof the program to c rtify me as a Medical Cnnnabis Program participant. Additionally, I understand that
the revocation willnot apply to information that has ulready been released in response to lhfa ctuthorization. The
infonnation disclosed pursu.o.ntto the aulhori.zation is subject to potential re-disdosure by the recipient, and will not
be prate ted by lh HfP AA privacy rule. I understand that lbis disclosure is voluntary and that signing this form is
not necessary in order to receive treatment from the Department of Health. 11,i r lease is required, however, to
verify my eligibility for the Medical. Cannabis Program.
By signing tbjs release, l certify that 1 run aware that the program may provide verification of my enrollment and
personal production license stalus with law enforcement; but only for the purpose of verifying that a person is
lawfu!Iy enrolled in the medical cannabis program, or in I.heevent thut the medical cannabis program manager or
dcsignee has renson to believe lhat a qualified patienl or patient-applicant may have violnted an applicable law or
failed to adhere to Department of Health regulations. /
Participant Signature or Personal Represent.alive:
Print Name:
This authorization will expire in one ( 1) year.
If this form is signed by a personal representative, a witness must sign below:

Witness Signature_____________ _ Date: ____ _ _ _
Medical Cannabis Program Email: medical.cannabis@stale ,n~ ~ {; ~ Uv' E,LJl

NM Depnrtmcnl ofl lcnhh Website: www.nmhcallh.org/mp
J 190 St. Francis Drive, Suite S3400 Phone:(SOS)827-2321 NOV12 20!3
Santa Fe, NM 87.505
---·---
::=-:-;- - ,~rt~~ Pngc4
Application Checklist
NEW
MEXICO
Please print clearly and ensure applicationis complete,Incompleteor illegibleapplicationsor applicationswith
DEPARTMENT
OF missing documentswill delay processing.Incompleteapplicationswill be kept on file for six monthsfrom the
date receivedby the program;after six months it will be voided and a new applicationmust be submitted.All
forms must have original signatures.Photocopies,faxed and electronic copies wUInot be accepted.
HEALTH For Patient Applications

This checklist applies to both new enrollments and re-enrollments.
Please keep a copy of all application documents for your records including your New Mexico ID.
Please do not send us original medical records; we will not be able to mail them back to you.
D Infonnation Form filled out completely
D Medical CertificationForm filled out completely(NOTE: Some conditionshave additionalrequirements-

see below)
D For Chronic Pain, for initial enrollmentthe certificationmust be signedby a specialistin pain
managementor expertisein the conditioncausing the pain, For renewal applications,the certification
may be signed by a primary care provider.
D For PTSD, current medical records or clinicalnotes from a psychiatrist,psychiatricnurse practitioner

or prescribingpsychologistconfirmingthe diagnosis.
D For Glaucoma,medical records showingan ophthalmologist'sdiagnosis.
D For InflammatoryAutoimmune-MediatedArthritis, diagnosismust be by a rheumatologistwho is

board-certifiedin rheumatologyby the AmericanBoard of Internal Medicine.
D For Hepatitis C Infection, must provide proof of current antiviral treatment.
D For Painful PeripheralNeuropathy,submit current medical records documentingobjectiveevidence

of the diagnosis.
D Release of Medical Infonnation Form
D Clinical/DiagnosticNotes Form completedby the CertifyingPractitionerand/or MedicalRecords.
□ Valid NM issued Photo ID or Driver's License. - PLEASEMAKE SURE IT IS CLEARAND VISIBLE.

Temporary or Extension IDs are not accepted.
D If you wish to produce your own medical cannabis, submit a separate applicationfor a patient Personal
ProductionLicense (PPL). This must be completedannuallyor if any infonnation changes, such as
location, security, etc.
••PLEASE NOTE: OUR APPLICATIONPROCESSINGTIME IS 30 DAYS FROM THE DATE WE RECEIVE
THE COMPLETEAPPLICATION. IF YOU HAVE NOT RECEIVEDANYTHING40 DAYS AFTER
SUBMITTINGYOUR APPLICATION,PLEASE CONTACTOUR OFFICE••
Send Application to: Contact Information:

Medical Cannabis Program Email: medical.cannabis@state.n.m.us
New Mexico Department of Health Website: nmhealth.org/go/mcp
1190 St. Francis Drive S3400 Telephone number: 505-827-2321
Santa Fe, NM 87505
EXHIBIT
Revised2/27/2015 I G
Enrollment/Re-enrollment Information Form
NEW
MEXI
CQ,--P-le_as_e-pnn-.
-t-cl-ear_l
_y_an_d
_en
_ s_ur
_e_a_pp_li_'ca-ti-on-is
-co_m_p_le_te_. -ln-co_m_p
_le_te_o_r _ill_egi
_ b_l_e
a-p-pli-.
c-ati
-.o_ns_o_r
-app
- li-ca_ti_ons
- Wl
-.th
--,
DEPARTMENT
OF missingdocumentswill delayprocessing.Incompleteapplicationswill be kept on file for six months from the
HEA[JH _ forms
~ must
da_te_r-ec-ehave
-iv_ed_b original
_y_th signatures.
_e_p_ro_gr_am
D New Patient D Re-enrollingPatient (PatientID#:

_ ; -after Photocopies,
_ s_ix
_m faxed
_ o_n_ths-it_will_·
_________
and electronic copies will not be b-e
accepted.
_b_e_v-oi-ded_an_d_a_n_ew_a-pp-li-ca_ti_on_m_us_t
-s-ub_tn1
___,ExpirationDate: ____
_·tt
_ed_ . All
--~
D Copy of New Mexico ID or Driver's License Attached. (This must be a permanent ID; the program cannot accept
Temporaryor ExtensionID)
Applicant First Name: ________ _ __ Last: _____________ Middle:___ _
Date of Birth (Month/Day/Year):____________ _
The following information is optional and is used for statistical purposes only:
_ Hispanic White American Indian Black or African/American Asian
Native Hawaiian/Pacific Islander Other
Thephysical addressprovided below must be your primary physical residence and will appear on your patient card
subject to approvaL
Once approved, any change of address must be reported, in writing, to our office within ten (10) calendar days.
Is the address below a change of address from previous year applications? __ Yes __ No
Physical Address:----------------------------------
City: _____________ County:_________ Zip: _____ _
Mailing Address:---- ----- ----- ----------- -- --------

City: ________________ County:__________ Zip Code:______ _
Phone Number:______________ _ Email: _________________ _
Patient Diagnosis:-----------------------------------
CertifyingMedical Provider's Name: Secondary/SpecialistMedicalProviderName:
By signing below, I certify that all the information submitted is complete and correct. I also acknowledge that I have
read and will abide by the limitations and restrictions on my right to use and possess medical cannabis as stated in the
Lynn and Erin Compassionate Use Act and in New Mexico Administrative Code 7.34.3,the full text can be found on
the program website at: nmhealth.org/go/mcp
(ApplicantSignature) (Date)
THE ENROLLMENT/RE-ENROLLMENT MEDICAL CERTIFICATION FORM MUST BE COMPLETED IN FULL BY THE MEDICAL PROVIDER.
i NMDOHUSEONLY
i
Date Chart Created: ______ Revtewed By: _____ _ Medical Cannabis Program• NM Department of Health
PPL Appllcadon Attached: _YES _NO 1190 St. Frandl Drive, S3400 • Santa Fe, New Mexico 87505
(~05) 827-2321
Page 1
Revised2/27/2015
Enrollment/Re-enrollment Medical Certification Form
NEWMEXICOPlease print clearly and ensure applicationis complete. Incomplete or illegible applications or applicatioJ!liwith
missing documents will delay processing. Incomplete applications will be kept on .filefor six months from the
l'JH
DEPARTMENT OF
HEA
L _ ...._
da
_ te_r-ece
forms
Applicant First Name: ____________

- iv_e_have
must d_b_y_th
_ e_ p_r_o_gr_signatures
original am
_ ;_a_fte
_r_s_ix-.,..m
Last: _____________
_o_n-ths-it_Wl
. Photocopies, _·faxed
_n_b_e_v_and
o_id
_e_electronic
d_an
_d_ a_n_ew
-copies
ap
_p_li_·c-ati
_·o
will_nnot
_m
_ :u~
st_b_
be
Middle Initial:
e_s-ub_ID1
accepted._ .tted
_ ._All
__ __.
Patient Date of Birth: (for verlflcatlon In case of duplicate names) I

Medical Reason for Provider CertitlcaUon
Please check only one condition (checking m11ldplecon4ltions may delay the applicalionprocess)
□ AmyotrophlcLateralSclerosls These conditions have addltlonal requirements for submission.

□ cancer (pleasespecifytype) ____ _ ___ _ _
□ Glaucoma(Ophthalmologistdiagnosisrequired)
□ Crohn'sDisease □ Hepatitis C Infection currently receiving
antiviral treatment (proof of current antl•vlral
□ Epilepsy treatment required)
□ Inflammatory 1utolmmun1-medlatedarthritis (Rheumatologlstdiagnosisrequired)
□ HIV/AIDS
□ Palnful PerlpheralNeurop1thy(submitmedicalrecordswith diagnosis)
□ HospiceCare
□ SeveraChronicPain- lnltl■ I enrollment- Certificationmust be signedby a pain
□ Intractable Nausea/Vomltllll managementspecialistor a personwith expertiseIn the diseaseprocessthat Is causingthe
□ Multlple Sclerosls pain. SevereChronicPainR1newats:The certificationmay be signedby a primarycare
provider.
□ SevereAnoraxla/Cechexla
□ SplnalCord Dama1ewith Intractable Spastlclty □ Post-TraumaticStressDlsordtr(currentdocumentationconfirmingthe diagnosisby a
Psychiatrist,PsychiatricNune Practltlon1ror Pre1crlbln1Psycholo1lstmust be Includedwith
□ SpasmodicTortlcollls (CervlcalDystonl1) this certificationthat the patient meetsthe criteria under the current diagnosticandstat/st/ca/
□ Huntlnaton'sDisease manualof mental disorders.
□ Parkinson'sdisease
□ UlceratlveColltls
Written certlftcatlon MUST be provided pursuant to the Lynn & Erin CompassionateUseAct of 2007, medicalprovider must certify and answerthe
followingquestions as well as provide medical recorch, diagnostic notes, or signed letter regarding treatment and diagnosis.
Bysigningbelow you are certifying,that based on your In person examination of the patient, the patient's condition Is:
• Chronicand debilitating □ Yes □ No
• Youhave discussed the potential risks and benefits with the patient and benefits outwel1h risk □ Yes □ No
• Standard Treatments have failed to brln1 adequate relief □ Yes □ No
• If requested you can provide records that reflect history and treatment of dl11no1ls. □ Yes O No
For re-enrollments, the provider molt re-certify that the patient's medical condition still warrants the use of medical cannabil by selecting th
ana,nr that applies. Do you believe this person still meets the ellglbllltyrequirements for the MedicalCannabis Program? □ Yes □ No
The New Mexico Department of Health, Medical Cannabis Program will verify the information provided within 30 days of receiving a full and complete
applicatlo.n. Verification of medical information roay include, with patient consent, examination of medical records documenting the patient has a current
diagnosis of a debilitating medical condition. Certification must be provided by a practitioner as defined in Section 3 of the Lynn & Erin Compassionate
UseAct of 2007, "a person licensed in New Me.xico to prescribe and administer drugs that are subject to the ControlledSubstancesAct." By signing
below you are attesting that your primary place of practi.ce is within the State of New Mexico. Further you are certifying patient eligioility for enrollment
in the New ~ exico Departmentof Health Medical CannabisProgram and agreeing to have patient medical records audited as necessary.
Provider Name: _ ______________________ Patient In your care for how long? _______ _
Provider Email: _____________________ _
Provider Clinical Licensure (MD, DO, NP, PA, etc,): Board Certified Specialty: ___ __ _____ _ _
Office Address: __ __ ___________ __ City: __ _ ______ _ State:~ Zip Code: ___ _
Mailing Address: City: State: Zip Code: ___mn... _
Provider Telephone Number: Second Telephone Number: _______________ _
NM Medical License#: DEA Licenae #: ____ ___ _________ _
NM Controlled Substance License#: __ __ ___________ _
Medical Provider Signature: ___ __ ____ ___ ____ _ Date: _______ __ _

(Must be dated within 90 days of program receipt)
i NMDOBUSEONLY
I
Date Chart Created: ______ _ □ Approved □ Not Approved Medical Cannabis Program • NM Department of Health
Medical Dlreetor Signature: _____________ _ Date: __ _ 1190 St, Francis Drive, S3400 • Santa F■i NM 8750!1
MCP Coordinator/Manager Signature: _________ _ Date: __ _ (505) 827-2321
Page2
Revised 2/27/2015
Medical Provider Clinical/Diamosti .c Notes Form
NEWMEXICOPleaseprint clearlyand ensureapplicationis complete.Incompleteor illegibleapplicationsor applicationswith
DEPARTMENT OF missingdocumentswill delayprocessing. Incompleteapplicationswill be kept on file for six monthsfrom the
[J H....
HEA _da
_te
_ re_must
forms ce
_i_ve_have
d_b_y_th
_e_p-ro_gram
original__ ;_a_fte
_r_s_ix
signatures. _m
_o_n_th_s_it_wi
Photocopies, _·fu:ed
_n_b_e_vo
_i-ded
and _electronic
an
_ d_a_new
This form must be completed by the certifying medical practitioner and included with all application .
--coples
ap_p_li_cwill
a_ti_on_not
_ us
m _t_b_
be e -su_b_mt
accepted. _·tte
_ d_.Al
_ l _ __..
Date of Visit: ____ ______ _
PatientName: __________________ DateofBirth: _____ ___ ____ _
D New Patient Application D Renewal Application

Location where Exam Performed: _ _ _________ _ ___ ______ _ ____ ___ _
City: __ ______ __ _ State: Zip Code: _____ _
Diagnosis: ___ ______ _____ _ _
□ Continuing Patient □ Initial Visit □ Consultation
Have you attached medical records, diagnostic notes, or other records of treatment? □ Yes □ No
Where are patient records kept? Office__ Other (explain) _____ _ ________________ _ _
Treatment History/History of Diagnosis:
Certifying Practitioners Physical/Mental Health Exam Notes:
For renewal, is the patient maintaining or improving on cannabis? Please Describe:
Recommendations for ongoing treatment:
Practitioner Signature Date of Evaluation
i NMDOHUSE ONLY
i
Medical Cannabil Program• NM Departmentof Health
1190 St. FranciaDrive, S3400 • Santa Fe, NM 87505
(505) 827-2321
Page 3
Revised2/27/2015
Release of Information Form
NEW
MEXI
CQ,--P-le_as_e_pnn-.-t-cl-ear
_l_y_an_d_en
_ s_ur_e_ap
_p_li_ca_ti_on_ i_s-co_mp_le_te_.
In
- co-mp
- let<,
_ o_r -ill-egi
-.b-le_ a_pp_li_'
c-ati-
.o-ns_o_r
-ap_p_li_ca_ti_ons
_ wi_'th
- -,
DEPARTMENT
OF missing documentswill delay processing.Incompleteapplicationswill be kept on file for six months from the
HEA[JH forms
~ d-
ate must
_ r_e_ have
ce-iv-ed original
_ b_y_th
_ e_p signatures.
_ro_gram;
__ Photocopies,
· _aft_e_r s_ix
_m_o
_n_th_s-it_wifaxed
_ b_e_v_and
_·11 o1-·d_eelectronic
_ d_ a n_e_wcopies
d_an will·on
_a-pp_li_·ca-ti--not be b
m-us-t-accepted.
e- s-ub_nu
_·_tted
_ . All-- ~
I, -------------- -- -~ hereby authorize the New Mexico Department of Health,

(Please Print Name)
Medical Cannabis Program to discuss my medical condition, including treatment records, test results and
evaluations specific to _____________ __ _____ with the medical providers identified

in this application. (Please Print QualifyingMedical CannabisCondition)
I understand that I may revoke this release at any time. I also understand that ifl wish to revoke this authorization, I
must do so in writing to the Medical Cannabis Program Coordinator, and that revocation may result in the inability
of the program to certify me as a Medical Cannabis Program participant. Additionally, I understand that the
revocation will not apply to information that has already been released in response to this authorization. The
information disclosed pursuant to the authorization is subject to potential re-disclosure by the recipient, and will not
be protected by the HIP AA privacy rule. I understand that this disclosure is voluntary and that signing this form is
not necessary in order to receive treatment from the Department of Health. This release is required, however, to
verify my eligibility for the Medical Cannabis Program.
By signing this release, I certify that I am aware that the program may provide verification of my enrollment and
personal production license status with law enforcement; but only for the purpose of verifying that a person is lawfully
enrolled in the medical cannabis program, or in the event that the medical cannabis program manager or designee has
reason to believe that a qualified patient or patient-applicant may have violated an applicable law or failed to adhere
to Department of Health regulations.
Participant Signature or Personal Representative: ______ ___ __ __ _____ _

Print Name:
- -- - -- -------------
Date:
- --- --- - -
This authorization will expire in one (1) year.
If this form is signed by a personal representative, rather than the applicant a witness other than the personal
representative must sign below:
Witness Signature ______ _______ _ Date: ______ _
Medical Cannabis Program Email: medical.cannabis@state.nm.us

i NM Department of Health Website: www.nmhealth.org/mcp
1190 St. Francis Drive, Suite S3400 Phone: (505) 827-2321
Santa Fe, NM 87505
Page 4
Revised 2/27/2015
§ 28-2B-1. Short title, NM ST § 26-2B-1
West's New MexicoStatutes Annotated

Chapter 26. Drugs and Cosmetics
Article 2B. Lynnand Erin CompassionateUseAct
N. M. S. A. 1978, § 26-2B-1
§ 26-2B-1. Short title
Effective:July 1, 2007
Currentness
Sections 1 through 7 of this act may be cited as the "Lynn and Erin CompassionateUse Act" in honor of Lynn Pierson and
Erin Armstrong.
Credits
Addedby L. 2007, Ch. 210, § 1, eff. July 1, 2007.
NMSA 1978, § 26-2B-1,NM ST§ 26-2B-1

Currentthroughthe end of the SecondRegular Sessionof the 51st Legislature(2014).
End of Document © 2014 Thomson Reuters. No claim to original U.S. Government Works.
EXHIBIT
I
V✓estlawNe.xt:' © 2014 Thomson Reuters. No claim to original U.S. Government Works
§ 26-2B-2. Purpose of act, NM ST § 26-2B-2
West's New Mexico Statutes Annotated

Article 2B. Lynn and Erin Compassionate Use Act
N. M. S. A. 1978, § 26-2B-2
§ 26'-2B -2; Purpose of-act
Currentness
in a regulated
The purpose of the Lynn and Erin CompassionateUse Act is to allow the beneficialuse of medical cannabis
system for alleviatingsymptomscausedby debilitatingmedicalconditionsand their medicaltreatments.
Credltl
NMSA 1978,§ 26-2B-2,NM ST § 26-2B-2

Currentthroughthe end of the SecondRegularSessionof the 51stLegislature(2014).
End of Document Cl 2014 Thomson Reuters. No claim to original U.S. Government Works.
'Nestlaw Nexr © 2014 Thomson Rec1ters No claim to original US. Government Work.s
§ 28-2B-3. Definitions, NM ST § 26-2B-3

Article 2B. Lynn and Erin Compassiona te Use Act
N. M. S. A. 1978, § 26-2B-3
§ 26-2B-3. Definitions
Currentness
As used in the Lynn and Erin CompassionateUse Act:
A. "adequatesupply"meansan amountof cannabis,in any form approvedby the department,possessedby a qualifiedpatient

or collectivelypossessedby a qualifiedpatientand the qualifiedpatient'sprimarycaregiverthat is determinedby rule of the
departmentto be no more than reasonablynecessaryto ensurethe uninterruptedavailabilityof cannabisfor a period of three
months and that is derivedsolely from an intrastatesource;
B. "debilitatingmedicalcondition"means:
(1) cancer;
(2) glaucoma;
(4) damageto the nervoustissue of the spinal cord, with objectiveneurologicalindicationof intractablespasticity;
(5) epilepsy;
(6) positivestatus for human immunodeficiencyvirus or acquiredimmunedeficiencysyndrome;
(7) admittedinto hospice care in accordancewith rules promulgatedby the department;or
(8) any other medicalcondition,medicaltreatmentor disease as approvedby the department;
C. "department''means the departmentof health;
Ne){r © 20 1 4 Thom~on ~~outers. No clairn to oriqinal lJ.'-:l C,overnment Works

V/o>c,!l,;w
D. "licensed producer" means any person or association of persons within New Mexico that the department determinesto
be qualified to produce, possess, distribute and dispense cannabis pursuant to the Lynn and Erin CompassionateUse Act
and that is licensed by the department;
E. ''practitioner" means a person licensed in New Mexico to prescribe and administerdrugs that are subject to the Controlled
SubstancesAct;
F. ''primary caregiver" means a resident of New Mexico who is at least eighteen years of age and who bas been designated
by the patient's practitioner as being necessary to take responsibilityfor managing the well-being of a qualified patient with
respect to the medical use of cannabis pursuant to the provisions of the Lynn and Erin CompassionateUse Act;
G. "qualified patient" means a resident of New Mexico who bas been diagnosed by a practitioner as having a debilitating
medical condition and bas received written certification and a registry identification card issued pursuant to the Lynn and
Erin CompassionateUse Act; and
H. "written certification" means a statement in a patient's medical records or a statement signed by a patient's practitioner
that, in the practitioner'sprofessional opinion, the patient has a debilitatingmedical condition and the practitionerbelieves
that the potential health benefits of the medical use of cannabis would likely outweigh the health risks for the patient. A
written certificationis not valid for more than one year from the date of issuance.
Credits
Added by L. 2007, Ch. 210, § 3, eff. July 1, 2007.
NMSA 1978, § 26-2B-3, NM ST§ 26-2B-3

Current through the end of the Second Regular Session of the 51st Legislature(2014).
-- ---- ---------
End of llocumtnt n 2014 J'hnmsun Rcukrs. No rlaint tu origirn:il lJ .S. (lovcrr1111:;nt \Vo1ks ,
-l/9s i Next <c ,c 1 Th ,n n Ro ,toi I\, arrrl c, ngma S o.., rrma• I Wor s 2
§ 26-2B-4. Exemption from criminal and civil penalties for the ..., NM ST § 26-2B-4

N. M. S. A. 1978, § 26-2B-4
§ 26-2B-4. Exemption from criminal and civil penalties for the medical use of cannabis
Effective: July 1, 2007

Currentness
A. A qualifiedpatient shall not be subject to arrest,prosecutionor penalty in any manner for the possessionof or the medical
use of cannabisif the quantityof cannabisdoes not exceedan adequatesupply.
B. A qualifiedpatient'sprimarycaregivershall not be subjectto arrest,prosecutionor penaltyin any mannerfor the possession

of cannabisfor medicaluse by the qualifiedpatient if the quantityof cannabisdoes not exceedan adequatesupply.
C. SubsectionA of this sectionshall not apply to a qualifiedpatient under the age of eighteenyears, unless:
( 1) the qualifiedpatient's practitionerhas explainedthe potential risks and benefits of the medical use of cannabisto the
qualifiedpatient and to a parent, guardianor person having legal custodyof the qualifiedpatient; and
(2) a parent, guardianor person having legal custody consentsin writingto:
(a) allow the qualifiedpatient'smedicaluse of cannabis;
(b) serve as the qualifiedpatient'sprimarycaregiver;and
(c) controlthe dosageand the frequencyof the medicaluse of cannabisby the qualifiedpatient.
D. A qualifiedpatient or a primarycaregivershall be grantedthe full legal protectionsprovidedin this sectionif the patient or
caregiveris in possessionof a registry identificationcard. If the qualifiedpatient or primary caregiveris not in possessionof
a registry identificationcard, the patient or caregivershall be given an opportunityto produce the registry identificationcard
before any arrest or criminalchargesor other penaltiesare initiated.
E. A practitionershall not be subject to arrest or prosecution,penalized in any manner or denied any right or privilege for
recommendingthe medicaluse of cannabis or providingwritten certificationfor the medicaluse of cannabispursuantto the
Lynn and Erin CompassionateUse Act.
F. A licensed producer shall not be subject to arrest, prosecutionor penalty, in any manner, for the production,possession,
distributionor dispensingof cannabispursuantto the Lynn and Erin CompassionateUse Act.
"»s-tl Ne=<
§ 26-2B-4. Exemption from criminal and civil penalties for the ..., NM ST § 26-2B-4
0. Any property interest that is possessed, owned or used in connectionwith the medical use of cannabis, or acts incidental
to such use, shall not be harmed, neglected, injured or destroyed while in the possession of state or local law enforcement
officials.Any such property interest shall not be forfeitedunder any state or local law providing for the forfeitureof property
except as provided in the Forfeiture Act. Cannabis,paraphernaliaor other property seized from a qualified patient or primary
caregiver in connectionwith the claimed medical use of cannabis shall be returned immediatelyupon the determinationby a
court or prosecutor that the qualified patient or primary caregiver is entitled to the protections of the provisions of the Lynn
and Erin CompassionateUse Act, as may be evidencedby a failure to actively investigatethe case, a decisionnot to prosecute,
the dismissal of charges or acquittal.
H. A person shall not be subject to arrest or prosecution for a cannabis-relatedoffense for simply being in the presence of the
medical use of cannabis as permitted under the provisions of the Lynn and Erin CompassionateUse Act.
Credits
Notes of Decisions(3)
NMSA 1978, § 26-2B-4,NM ST § 26-2B-4

Current through the end of the SecondRegular Session of the 51st Legislature(2014).
End of D11c11111enl (·) 2014 Thomson Rcuk-ts. No claim to nrigin;il U.~LGovcrn1ncnl \Vurks
Vkrsl Next 1$ 201 1 htll'T",on · , rs. o 'rn 1 Ir. o ,qr al U G,>v,nn en1 W rks
§ 26-28-5. Prohibitions, restrictions and limitations on the medical..., NM ST§ 26-28-5
West's New Mexico Statutes .Annotated

N. M. S. A 1978, § 26-2B-5
§ 26-2B-5. Prohibitions, restrictions and limitations on the medical use of cannabis; criminal penalties

Currentness
A. Participationin a medicaluse of cannabisprogramby a qualifiedpatient or primarycaregiverdoes not relievethe qualified

patient or primary caregiverfrom:
(1) criminalprosecutionor civil penaltiesfor activitiesnot authorizedin the Lynn and Erin CompassionateUse Act;
(2) liabilityfor damagesor criminalprosecutionarisingout of the operationofa vehiclewhileunderthe influenceof cannabis;

or
(3) criminalprosecutionor civil penalty for possessionor use of cannabis:
(a) in a schoolbus or public vehicle;
(b) on schoolgroundsor property;
(c) in the workplaceof the qualifiedpatient's or primary caregiver'semployment;or
(d) at a public park, recreationcenter,youth center or other public place.
B. A person who makes a fraudulentrepresentationto a law enforcementofficer about the person'sparticipationin a medical
use of cannabisprogramto avoid arrest or prosecutionfor a cannabis-relatedoffenseis guilty of a petty misdemeanorand shall
be sentencedin accordancewith the provisionsof Section31-19-1NMSA 1978.
C. If a licensedproducersells, distributes,dispensesor transferscannabisto a person not approvedby the departmentpursuant

to the Lynn and Erin CompassionateUse Act or obtainsor transportscannabisoutsideNew Mexicoin violationof federallaw,
the licensedproducershall be subjectto arrest, prosecutionand civil or criminal penaltiespursuantto state law.
Credits
Addedby L. 2007, Ch. 210, § 5, eff. July I, 2007.
Nu .la1111 I II
§ 26-2B-5. Prohibitions, restrictions and limitations on the medical ... , NM ST§ 26-2B-5
NMSA 1978,§ 26-2B-5,NM ST§ 26-2B-5

Currentthroughtheendof the SecondRegularSessionof the 51stLegislature(2014),
End of Document @2014 Thomson Reuters. No claim to original U.S. Government Works.
,'A </';wvNext ct, 2014 ~ homson Rcut0rs Nc- cl~1m to c1rig1nalUS Covt rnrne 1•VVo•·ks 2
§ 26-2B-6. Advisory board created; duties, NM ST § 26-2B-6

N. M. S. A. 1978, § 26-2B-6
§ 26-2B-6. Advisory board created; duties
Currentness
The secretaryof health shall establishan advisoryboard consistingof eight practitionersrepresentingthe fields of neurology,
pain management,medical oncology,psychiatry,infectiousdisease, family medicine and gynecology.The practitionersshall
be nationallyboard-certifiedin their area of specialtyand knowledgeableaboutthe medicaluse of cannabis.The membersshall
be chosenfor appointmentby the secretaryfrom a list proposedby the New Mexicomedical society.A quorumof the advisory
board shall consist of three members.The advisoryboard shall:
A. review and recommendto the departmentfor approvaladditionaldebilitatingmedical conditionsthat would benefit from
the medical use of cannabis;
B. accept and review petitions to add medical conditions,medical treatmentsor diseases to the list of debilitatingmedical
conditionsthat qualify for the medical use of cannabis;
C. convene at least twice per year to conduct public hearings and to evaluate petitions, which shall be maintained as
confidentialpersonalhealth information,to add medical conditions,medical treatmentsor diseasesto the list of debilitating
medical conditionsthat qualify for the medical use of cannabis;
D. issue recommendationsconcerningrules to be promulgatedfor the issuanceof the registry identificationcards; and
E. recommendquantitiesof cannabis that are necessaryto constitute an adequate supply for qualifiedpatients and primary
caregivers.
Credits
NMSA 1978, § 26-2B-6,NM ST§ 26-2B-6

Currentthrough the end of the SecondRegular Sessionof the 51st Legislature(2014).
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I~ tl Next .?O14 Th r lJ! I N cl 1m I

§ 26-2B-7. Registry identification cards; department rules; duties, NM ST§ 26-2B-7

N. M. S. A 1978, § 26-2B-7
§ 26-2B-7. Registry identification cards; department rules; duties

Currentness
A. No later than October 1, 2007, and after consultationwith the advisory board, the departmentshall promulgaterules in
accordancewith the State Rules Act to implementthe purposeof the Lynn and Erin CompassionateUse Act. The rules shall:
(1) governthe manner in whichthe departmentwill considerapplicationsfor registry identificationcards and for the renewal
of identificationcards for qualifiedpatients and primary caregivers;
(2) defmethe amountof cannabisthat is necessaryto constitutean adequatesupply,includingamountsfor topicaltreatments;
(3) identify criteria and set forth proceduresfor includingadditionalmedical conditions,medicaltreatmentsor diseasesto
the list of debilitatingmedical conditionsthat qualify for the medical use of cannabis.Proceduresshall include a petition
process and shall allow for public commentand public hearingsbefore the advisoryboard;
(4) set forth additionalmedical conditions,medical treatmentsor diseasesto the list of debilitatingmedical conditionsthat
qualify for the medicaluse of cannabisas recommendedby the advisoryboard;
(5) identifyrequirementsfor the licensureof producersand cannabisproductionfacilitiesand set forth proceduresto obtain
licenses;
(6) developa distributionsystem for medicalcannabisthat provides for:
(a) cannabisproductionfacilitieswithinNew Mexicohousedon securedgroundsand operatedby licensedproducers;and
(b) distributionof medical cannabis to qualifiedpatients or their primary caregiversto take place at locationsthat are
designatedby the departmentand that are not within three hundredfeet of any school,churchor daycarecenter;
(7) determineadditionalduties and responsibilitiesof the advisoryboard; and
Next n son
§ 26-2B-7. Registry identification cards; department rules; duties, NM ST§ 26-2B-7
B. The departmentshall issue registry identificationcards to a patient and to the primarycaregiverfor that patient, if any, who
submitthe following,in accordancewith the department'srules:
(3) the name, addressand telephonenumberof the patient'spractitioner;and
(4) the name, address and date ofbirth of the patient'sprimarycaregiver,if any.
C. The departmentshall verify the informationcontainedin an applicationsubmittedpursuantto SubsectionB of this section

and shall approve or deny an applicationwithin thirty days of receipt. The departmentmay deny an applicationonly if the
applicantdid not provide the informationrequiredpursuantto SubsectionB of this sectionor if the departmentdeterminesthat
the informationprovided is false. A person whose applicationhas been denied shall not reapply for six months from the date
of the denial unless otherwiseauthorizedby the department.
D. The departmentshall issue a registryidentificationcard within five days of approvingan application,and a card shall expire
one year after the date of issuance.A registryidentificationcard shall contain:
(1) the name, addressand date of birth of the qualifiedpatient and primary caregiver,if any;
(2) the date of issuanceand expirationdate of the registryidentificationcard; and
(3) other informationthat the departmentmay require by rule.
E. A personwho possessesa registryidentificationcard shallnotifythe departmentof any changein the person'sname,address,

qualifiedpatient's practitioner,qualified patient's primary caregiver or change in status of the qualifiedpatient's debilitating
medicalconditionwithin ten days of the change.
F. Possessionof or applicationfor a registry identificationcard shall not constituteprobablecause or give rise to reasonable
suspicionfor a governmentalagency to searchthe person or propertyof the person possessingor applyingfor the card.
G. The departmentshall maintaina confidentialfile containingthe names and addressesof the personswho have either applied
for or received a registry identificationcard. Individualnames on the list shall be confidentialand not subject to disclosure,
except:
(1) to authorizedemployeesor agents of the departmentas necessaryto performthe dutiesof the departmentpursuantto the
provisionsof the Lynn and Erin CompassionateUse Act;
1/k'sh, Next 1 21114 fh , ,., )11R< iler .I un lo w ,gin 11U S Gov rnrn nl Works 2
§ 26-28-7. Registry Identification cards; department rules; duties, NM ST§ 26-28-7
(2) to authorizedemployeesof state or local law enforcementagencies,but only for the purpose of verifyingthat a person
is lawfullyin possessionof a registryidentificationcard; or
(3) as providedin the federalHealthInsurancePortabilityand AccountabilityAct of 1996.
Credits
NMSA 1978,§ 26-2B-7, NM ST § 26-2B-7

Currentthroughthe end of the SecondRegularSessionof the !HatLegislature(2014),
End of Document 102014 Thomson Reuters.No claim to originalU.S. GovernmentWorks.
\l'~taw Nexr © 2014 Thomson Reuters. No claim to original U.S. Government Works. 3
Debilitating Medical Conditions
Statutory (NMSA 1978, Section 26-2B-3):
1. Cancer
2. Glaucoma
3. Multiple sclerosis
4 . Damage to the nervous tissue of the spinal cord, with objective neurological indication of
intractable spasticity
5. Epilepsy
6. HIV/AIDS
7. Hospice care "in accordance with rules promulgated by the department"
8. Any condition added by regulation
Regulatory (7.34.3.S(B) NMAC):
1. Severe chronic pain
2 . Painful peripheral neuropathy
3. Intractable nausea/vomiting
4. Severe anorexia/cachexia
5. Hepatitis C currently receiving antiviral treatment
6. Crohn's disease
7. PTSD
8. Inflammatory autoimmune-mediated arthritis
9. Lou Gehrig's disease
10. Inclusion body myositis
11. Spasmodic torticollis
12. Parkinson's disease
13. Huntington's disease
14. IBcerative colitis
EXHIBfr
I Cf

N. M. S. A.1978, § 26-2B-3
§ 26-2B-3. Definitions
Currentness
As used in the Lynn and Erin CompassionateUse Act:
A. "adequatesupply"meansan amountof cannabis,in anyformapprovedby the department,possessedby a qualifiedpatient

or collectivelypossessedby a qualifiedpatientand the qualifiedpatient'sprimarycaregiverthat is determinedby rule of the
departmentto be no morethan reasonablynecessaryto ensurethe uninterruptedavailabilityof cannabisfor a periodof three
monthsand that is derivedsolelyfrom an intrastatesource;
B. "debilitatingmedicalcondition"means:
(1) cancer;
(2) glaucoma;
(3) multiplesclerosis;
(4) damageto the nervoustissue of the spinalcord,with objectiveneurologicalindicationof intractablespasticity;
(5) epilepsy;
(6) positivestatusfor humanimmunodeficiency

virus or acquiredimmunedeficiencysyndrome;
(7) admittedinto hospicecare in accordancewith rules promulgatedby the department;or
(8) any other medicalcondition.medicaltreatmentor diseaseas approvedby the department;
C. "department"meansthe departmentof health;
WestlawNext o 20 ,4 Tr,on-son Reute•s I\Jo cld m to ong1ral U S Governme'1t Works 1

4/12/2015 7.34.3NMAC
products , including concentrates , but does not include the seeds , stalks, or roots of the plant.
[7.34.3 .7 NMAC -Rp , 7.34.3.7 NMAC, 2/27/2015]
7.34.3.8 QUALIFYING DEBILITATING MEDICAL CONDITIONS:

A. Statutorily-approved conditions: As of the date of promulgation of this rule, specific qualifying
debilitating medical conditions, diseases, and treatments ("qualifying conditions ") identified in the Lynn and Erin
Compassionate Use Act, Section 26-2B-3(B) NMSA 1978, include:
(1) cancer ;
(2) glaucoma;
(4) damage to the nervous tissue of the spinal cord , with objective neurological indication of
intractable spasticity ;
(5) epilepsy;
(6) positive status for human immunodeficiency virus or acquired immune deficiency syndrome; and
(7) admission into hospice care in accordance with rules promulgated by the department.
B. Department-approved conditions: The department finds that the following additional qualifying
conditions result in pain , suffering , or debility for which there is credible evidence that the medical use of cannabis could be
ofbenefit , through the alleviation of symptoms, and the department accordingly approves these conditions as qualifying
debilitating medical conditions for the participation of a qualified patient or primary caregiver in the medical cannabis
program. The department-approved conditions include:
(1) severe chronic pain :
(a) objective proofofthe etiology of the severe chronic pain shall be included in the
application; and
(b) a practitioner familiar with the patient 's chronic pain shall provide written certification
that the patient has an unremitting severe chronic pain condition; for an initial patient application, this certification shall be
made by a specialist with expertise in pain management or a specialist with expertise in the disease process that is causing
the pain; for all subsequent patient applications, this certification may be made by a primary care provider.
(2) painful peripheral neuropathy : application to the medical cannabis program shall be accompanied
by medical records that confirm the objective presence of painful peripheral neuropathy that has been refractory to other
treatments;
(3) intractable nausea/vomiting ;
(4) severe anorexia/cachexia ;
(5) hepatitis C infection currently receiving antiviral treatment: the written certification shall attest :
(a) that the hepatitis C infection is currently being treated with antiviral drugs; and
(b) to the anticipated duration of the hepatitis C antiviral treatment.
(7) post-traumatic stress disorder (PTSD) : each individual applying to the program for enrollment
shall submit medical records that confirm the diagnosis of PTSD based upon the evaluation of a psychiatrist, psychiatric
nurse practitioner, or prescribing psychologist, and meeting the diagnostic criteria of the current diagnostic and statistical
manual of mental disorders;
(8) inflammatory autoimmune-mediated arthritis : each individual applying to the program for
enrollment shall submit medical records that confirm the diagnosis ofinflammatory autoimmune-mediated arthritis based
upon the evaluation ofa rheumatologist who is board-certified in rheumatology by the American board of internal medicine;
(9) amyotrophic lateral sclerosis (Lou Gehrig's disease);
(10) inclusion body myositis ;
(11) spasmodic torticollis (cervical dystonia);
(12) Parkinson's disease ;
(14) ulcerative colitis ; and
(15) such other conditions as the secretary may approve.
C. Additional application requirements for department-approved conditions: A patient applying on the
basis of having a department-approved qualifying condition shall submit written certification from the patient's practitioner
which shall attest:
(2) that the condition is debilitating ;
(3) that standard treatments have failed to bring adequate relief: unless the practitioner determines that
standard treatments would be harmful to the patient's health; and
htlp://164.64.110.~rmactpa-ts/title07/07 .034.0003.ttm 4'/13
·"·
•
MedicalCannabisProgram
MedicalAdvisoryBoardMeetingAgenda
January15, 2009
Location:1231 CandelariaNW
Albuquerque,NM 87107
THURSDAYJanuary15, 2009:
1. 9:00 a.m. • OpeningRemarks
2. Introductionof MedicalAdvisory Board Members
3. Review Petitions*:
2009-01
2009-02
2009-03
2009-04
2009-05
2009-06
4. 12:30 • Break for Lunch
S. 1:45 - Reconveneto Review Petitions*:

2009-07
2009-08
2009-09
2009-10
2009-11
2009-12
2009-13
2009-14
2009-15
2009-16
2009-17
6. Comments from the Public**
*The Board may go into ExecutiveSessionto discussthese items.

**Commentswill only be acceptedat the end of the meeting.
EXHIBIT
I A
Committee Report
MedicalAdvisoryCommitteeto the New MexicoMedicalCannabisProgram
PublicMeeting, Thursday,January15, 2009
Preparedby SteveJenison,M.D., MedlcalDirector, New MexicoMedicalCannabisProgram
Membersof the MedicalAdvisoryCommitteepresent,participatingand voting:
1. EveElting, M.D.
2. EveEspey,M.D.
3. William Johnson,M.D.
4. Mitch Simson,M.D.
The MedicalAdvisoryCommitteeto the New MexicoMedicalCannabisProgramheld a public meeting

on Thursday,January15, 2009 at the LosGriegosCommunityCenterin Albuquerqueto consider
petitions for the addition of new conditionsto those eligiblefor enrollment in the Program.
The following Is a summaryof the recommendationsofthe Committee:
I. Conditionsthat are recommendedfor addition to the list of eligible conditions:

A. Painful peripheralneuropathy
B. Intractable nausea/ vomiting
C. Severeanorexia/ cachexla
D. HepatitisC infection currently receivingantiviral treatment
E. Crohn'sDisease
F. Post-TraumaticStressDls~rder(PTSD)
G. Amyotrophlc LateralSclerosis(ALS;LouGehrig'sDisease)
H. Fibromyalgia
II. Conditionsthat are not recommendedfor addition to the list of eligibleconditions:
A. Depression
B. ChronicHepatitisC Infection (exceptfor those currently receivingantiviral treatment)
C. EnvironmentalIllness
D. BrainDysfunction
E. EstrogenReplacementTherapy
Ill. Conditionsthat require further evaluatlon
A. Chronicpain
B. Bipolar disorder
C. Arthritis
D. Asthma/ ChronicObstructivePulmonaryDisease(COPD)
E. ChronicFatigueSyndrome
F. Chronicsinuscongestionsfrom blunt facial trauma
For eachof the conditionsthat are beingconsideredfor addition to the list of medicalconditionseligible
for enrollment In the New MexicoMedicalCannabisProgram,the following factors are discussed:
1. The biologic plausibilitythat medicalcannabiswould be helpful In the managementof the

condition basedupon what is understoodabout the biologyof cannabinoidreceptorsand their
actions.
2. Publishedclinicalevidenceof the effectivenessof medicalcannabisin the managementof the
condition.
3. The seriousnessof the medicalcondition and whether alternative medicationsfor Its
managementare available.
4. Whether there are well defined and verifiable clinicalcriteria for makingthe diagnosisof that
condition.
5. Specificconsiderationsfor includingthe condition as an eligible medicalcondition
The MedicalAdvisoryCommittee'srationale for "not recommending''specificconditionsare discussed

in the final section. Conditionsthat require further considerationwill be discussedin a subsequent
report.
An extensivereview of the pharmacologyof the endocannablnoldsystemthat is usefulIn considering

the potential use of medicalmarijuanain eachof these conditionsis availablein the following reference
from the National Institute on AlcoholAbuseand Alcoholism,National Institutesof Health:
PacherP, Batkal S & KunosG. "The endocannabinoidsystemasan emergingtarget of

pharmacotherapy",PharmacologicalReviews58: 389-462,2006.
I. Conditionsthat are recommendedfor addition to the list of eligible conditions:
A. Painfulperipheralneuropathy
1. Biologicalplausibility:
CBl receptorspresent in peripheral nervesmediatethe major activity of
endogenousand exogenouscannabinoids.There may be a minor role of CB2
receptorsIn decreasingInflammatoryprocessesIn someforms of peripheral
neuropathy. A study of capsaicin-lnducedneuropathicpain In normalvolunteers
suggestsa therapeutic window for smokedcannabis,with low to moderatedoses
decreasingpain and higher dosesIncreasingpain. In contrast,exogenous
cannablnoldshave not beendemonstratedto be effective analgesicsIn the
treatment of acute nociceptivepain that is not related to nervedamage.
a. Martin Fontelleset al., "Role of cannablnoldsIn the managementof
neuropathicpain", CNSDrugs22: 645-653,2008.
b. WallaceM et al., "Dose-dependenteffects of smokedcannabison capsaicin-
lnducedpain and hyperalgeslaIn health volunteers",Anesthesiology107:
785~796,2007.
c. Kraft et al., "Lackof analgesiaby oral standardizedcannabisextract on
acute Inflammatorypain and hyperalgesiain volunteers",Anesthesiology
109: 101-110,2008.
2. Clinicaldata:
Two recently publishedclinicaltrials of neuropathicpainassociatedwith HIVdisease
and its treatment supportthe effectivenessof smokedcannabisIn the relief of
neuropathlcpain. A studyof pain relatedto brachia!plexusavulsionshoweda
benefit in terms of pain relief and sleepfor two cannabisbasedmedicinalextracts
not currently avallablein the U.S. A secondstudy of neuropathlcpaindue to
different causes(multiplesclerosis,spinalcord Injury, brachia!plexusdamageand
limb amputation)suggestedthat cannabismedicinalextractscould provide relief
from neurogenlcsymptomsthat were unresponsiveto standardtherapies.
d. AbramsDI et al., "CannabisIn painful HIV-associated sensoryneuropathy;a
randomizedplacebo-controlledtrial", Neurology68: 515-521,2007.
e. EllisRJet al., "Smokedmedicalcannabisfor neuropathlcpain In HIV:a
randomized,crossoverclinicaltrial", Neuropsychopharmacology 34: 672-680,
2009.
f. BermanJSet al., "Efficacyof two cannabisbasedmedicinalextractsfor relief of
central neuropathicpainfrom brachia!plexusavulsion:resultsof a randomized
controlled trial", Pain112: 299-306.
g. Wade OTet al., "A preliminarycontrolled study to determinewhether whole-
plant cannabisextractscan improve Intractableneurogenicsymptoms",Clinical
Rehabilitation17: 21-29,2003.
3. Seriousnessof the medicalcondition:
PainfulperipheralneuropathyIs a seriousmedicalconditionthat can havea
significantimpact upon the mobility, daily functioningand quality of life of an
individual. It is painconditionthat is very difficult to managein manycaseswith
existingmedications.
4. Verification of the medicalcondition
The diagnosisof peripheralneuropathycan be confirmedby diagnostictests and by
the evaluationof a qualifiedmedicalpractitioner.
s. Specificconditionsfor inclusionof the condition:
All casesof peripheralneuropathyshouldbe verified by objectivediagnostictesting
and should be confirmedby a qualified medicalpractitioner. Applicationto the
Medical CannabisProgramshould be accompaniedby medicalrecordsthat confirm
the presenceof painful peripheralneuropathythat hasbeenrefractoryto other
treatments.
B. Intractablenausea/ vomiting
1. Biologicalplausiblllty:
CB1receptorsare presentboth in the dorsalvaguscomplexof the bralnstemand In
the myenteric plexusof the stomachand duodenum. The role of central CBl
receptors probably mediatesthe effect of cannabinoldson "anticipatory'' nausea
and vomiting.
An extensivereview of pharmacologicalstudies of cannabinoidphysiologyis
contained in the following:
a. CroxfordJLet al., "Therapeuticpotential of cannabinoidsin CNSdisease",
CNSDrugs,1: 179-202, 2003.
2, Clinicaldata:
There is an extensivemedicalliterature on the effectivenessof cannabinoldsIn the
treatment of intractable nauseaand vomiting, much related to cancer
chemotherapy-Inducednauseaand vomiting. This experienceis reviewed in:
b. MachadoRochaFCet al., "Therapeuticuseof Cannabissativaon
chemotherapy-inducednauseaand vomiting amongcancerpatients:
systematicreview and meta-analysis",EuropeanJournalof CancerCare17:
413-443, 2008.
3. Seriousnessof the condition:
Intractable nauseaand vomiting has a significant impact upon functionality and
quality of life. It can havean Impact as well upon nutrition and can lead to damage
of the upper gastrointestinaltract.
The condition can be verified by medical history and the evaluationof a qualified
clinician.
5. Specificconditionsfor inclusionof the condition:
Application to the MedicalCannabisProgramshould be accompaniedby medical
recordsthat confirm the presenceof Intractable nauseaand vomiting that hasbeen
refractory to other treatments.
C. SevereAnorexia/ Cachexia
The appetite stimulatory effects of the cannabinoldsare well describedand are
mediated by CBl receptorsin the central nervoussystem.
a. CroxfordJLet al., ibid.
2. Clinicaldata:
A randomizedplacebo-controlledtrial of smokedcannabisin patients with HIV
demonstrated benefits in terms of calorie intake and weight gain:
c. AbramsDI et al., "Short-term effects of cannabinoidsin patients with HIV-1
infection: a randomized,placebo-controlledcllnlcaltrial", Annalsof Internal
Medicine139: 258-266, 2003.
Severeanorexiarelated to medicalconditions can have a significanteffect upon
nutritional status and quality of life.
Thecondition can be verified by medicalhistory, by a nutritional evaluationand
physicalexaminationby a qualified clinician.
s. Specificconditionsfor Inclusionof the condition:
Applicationto the MedicalCannabisProgramshould be accompaniedby medical
recordsand the evaluationof a qualifiedclinicianthat confirm the presenceof
severeanorexiarelatedto an underlyingmedicalcondition that hasbeenrefractory
to other treatments.
D. HepatitisCinfectioncurrentlyreceivingantMraltreatment
1. Biologicalplauslblllty:
Treatmentof hepatitisCwith exogenousinterferons In particularis associatedwith
frequent and significantadverseeventsIncludingseverenausea,vomiting and
anorexia. The biologicalrole of cannablnoidsin treating nausea,vomiting and
anorexiaIs describedabove.
2. Clinicaldata:
ThereIs one clinicaltrial of the useof oral cannabinoidsin the managementof HCV
therapy related symptoms. That study showedsignificantrelief of symptoms,with a
higherproportion of oral cannabinoldusersbeingable to completea full courseof
HCVtreatment:
a. CostlnlukCTet al., uEvaluationof oral cannablnoid-containing medications
for the managementof Interferonand ribavlrin-inducedanorexia,nausea
and weight lossIn patientstreated for chronic hepatitisC virus'', Canadian
Journalof Gastroenterology22: 376-380,2008.
Two cautionarystudiesby Hezodeet al. are worth noting. Recentstudieshave
found an associationbetweendally cannabissmoking,hepaticsteatosisand
progressionof fibrosis in chronic hepatitisC. Therefore,cannabiscould not be
recommendedat this time for peoplewith chronic hepatitisCexceptfor those
Individualscurrently undergoingtreatment with Interferon:
b. HezodeC et al., "Daily cannabissmokingas a risk factor for progressionof
fibrosis In chronichepatitis C", Hepatology42: 63-71,2005.
c. HezodeC et al., "Daily cannabisuse:a novel risk factor of steatosisseverity
In patientswith chronichepatitisC.Gastroentero/ogy134: 432-439, 2008.
Severeside effects relatedto exogenousinterferon therapy cansignificantlyaffect
the ability of the patient to completea courseof treatment.
4. Verificationof the medicalcondition
The presenceof hepatitisC Infection and its current treatment are readilyverified
with medicalrecords.
5. Specialconsiderationsfor Inclusionof the condition:
recordsand the evaluationof a qualifiedclinicianthat confirm that the patient has
hepatitisC Infection and is currently undergoingantiviral treatment for the hepatitis
C Infection.
E. Crohn'sDisease
CB2receptorswithin the gastrointestinaltract appearto modulate intestinal
Inflammationand limit visceralsensitivityand pain. GastrointestinalCB2receptors
are beingactively Investigatedastargets for treating Inflammatorybowel diseases.
In addition to CBl receptors,CBl receptorsare InvolvedIn gastrointestinalmotility
and secretion,and mediatesomeof the dysmotlllty and abdominalpain associated
with Inflammatory bowel disease:
a. Wright KLet al., "CannabinoldCB2receptorsIn the gastrointestinaltract: a
regulatory systemin statesof Inflammation", BritishJournalof
Pharmacology153: 263-270,2008.
b. KunosGet al., "Cannabinoidscool the Intestine", Nature Medicine 10: 678-
679, 2004.
2. Clinicaldata:
A Medline searchrevealsno publishedclinicaldata on the useof medicalcannabis
for the treatment of inflammatorybowel disease.
Crohn'sdiseasecan be manifestedby severeInflammatory diseaseand associated
abdominalpain and GI dysmotility.
The presenceof Crohn'sdiseaseis readilyverified by medicalrecordsand by the
evaluationof a qualified medicalpractitioner.
5. Specialconsiderationsfor the inclusionof the condition:
recordsand the evaluationof a qualified clinicianthat confirm that the patient has
Crohn'sdiseaseand that it Is refractory to treatment with other modalities.
F. Post-Traumatic StressDisorder(PTSD)
The two main cannablnoidspresent In smokedcannabis,delta9-
tetrahydrocannabinol(delta9-THC)and cannabidiol(CBD)appearto differ In their
effects upon lnductlon of anxiety and relief of anxiety,and they appearto mediate
this effect by acting on different areasof the central nervoussystem. The
endocannablnoidsystemis also required for the extinction of conditionedfear
responseswhich are characteristicof PTSO:
a. Fusar-PoliPet al., "Distinct effects of delta9-tetrahydrocannablnoland
cannabidiolon neural activation during emotional processing",Archivesof
GeneralPsychiatry66: 95-105, 2009.
.,
b. ChhatwalJPet al., "Functionalinteractionsbetweenendocannabinoidand CCK
neurotransmittersystemsmay be critical for extinction learning'',
Neuropsychopharmacology 34: 509-521,2009.
c. ChhatwalJPet al., "Enhancingcannabinoldneurotransmisslonaugmentsthe
extinctionof conditionedfear", Neuropsychopharmaco/ogy 30: 516-524,2005.
d. Lin HCet al., "Effectsof lntra-amygdalainfusionof CB1receptoragonistson the
reconsolidationof fear-potentiatedstartle", Learning& Memory 13: 316-321,
2006.
e. PamplonaFAet al., "The cannabinoidreceptoragonistWIN 55,212-2facilitates
the extinctionof contextualfear memoryand spatialmemory in rats",
Psychopharmacology (Berlin)188: 641-649,2006.
f. ResstelLBet al., "5-HTreceptorsare involvedin the cannabldiol-induced
attenuationof behaviouraland cardiovascularresponsesto acute restraint
stressin rats" BritishJournalof Pharmacology156: 181-189,2009.
2. Clinicaldata
Thereare no specificclinicaltrials data regardingthe useof cannabinoldsfor the
treatment of PTSD.However,there are somepreclinicaldata related to the
treatment of anxietydisorderswith cannabidloland cannabidiolcogeners.Thereis
alsoa publishedsurveystudy of VietnamcombatveteransIn which participants
reportedthat marijuanausemadetheir PTSDsymptomsbetter.
a. RoserPet al., "Potential antipsychoticpropertiesof centralcannablnold(CBl)
receptorantagonists",WorldJournalof B/ologlcalPsychiatry7: 1-12,2008.
b. BremnerJDet al., "ChronicPTSDin Vietnamcombatveterans:courseof illness
and substanceabuse",AmericanJournalof Psychiatry153: 369-375,1996.
3. Seriousness of the condition
PTSDis a very seriouscondition that significantlyaffectssocialfunctioning and
quality of life. It can be difficult to treat with existingmodalities. The lack of
documentedeffectivetreatment modalitiesfor PTSDIs discussedat length In the
Institute of MedicineReporttitled ''Treatmentof PosttraumatlcStressDisorder:An
Assessmentof the Evidence"(IOM, October17, 2007). In this study,the Institute of
Medicinereviewed90 randomizedclinicaltrials, 37 pharmacotherapystudiesand
53 psychotherapystudies. The panel concludedthat, with the exceptionof
exposuretherapies,there was Inadequateevidenceto supportthe effectivenessof
standardInterventionsfor the managementof PTSD.The panelrecommended
implementationof a rigorousPTSDtreatment researchprogram.
4. Verificationof the condition
Thereare DSM-IVcriteria for makingthe diagnosisof PTSD.
5. Specialconsiderationsfor the Inclusionof the condition
The MedicalCannabisProgramshould require medicalrecordsthat documentan
assessmentby a licensedpsychiatristand a DSM-IVdiagnosisof PTSD.In addition,
the psychiatristshouldattest that other treatment modalitieshavefailed to provide
. .
adequaterelief of symptomsand that medicalcannabismight be of benefit to the
patient.
G. AmyotrophicLateralSclerosis(LouGehrig'sDisease)
1. Biologicalplausibility
Cannabinoidsappearto have a neuroprotectlveeffect in certain neurodegenerative
diseasesthrough activity upon CB2receptors:
a. Weydt Pet al., "Cannabinoldelayssymptomonset in 5OD1(G93A)transgenic
mice without affecting survival"Amyotroph/cLateralSclerosis& OtherMotor
NeuronDisorders6: 182-184.
b. ShoemakerJLet al., ''The CB2cannabinoldagonistAM-1241 prolongssurvivalIn
a transgenicmouse model of amyotrophiclateral sclerosiswhen Initiated at
symptom onset", Journalof Neurochemlstry101: 87-98, 2007.
c. Kim Ket al., "AM1241, a cannablnoidCB2receptor selectivecompound,delays
diseaseprogressionin a mouse model of amyotrophic lateral sclerosis",
EuropeanJournalof Pharmacology542: 100-105,2006.
2. Clinicaldata
There are no clinical data that are directly relevantto the evaluation of medical
cannabisin ALS. There is one publishedsurveyof the use of medicalcannabisby
ALSpatients that indicatesthat patients receivedbenefit in terms of reducing
symptomsof appetite loss,depression,pain, spasticityand drooling, but no relief in
terms of speechand swallowingor sexualdysfunction. There Is one publicationof a
pilot study that demonstratedsafety and tolerability of Marino! in the treatment of
ALSpatients:
c. Amtmann D et al., "Surveyof cannabisusein patients with amyotrophic
lateral sclerosis",AmericanJournalof Hospiceand PalliativeCare21: 95-
104, 2004.
d. GelinasD et al., "A pilot study of safetyand tolerability of delta9-THC
(Marino!) treatment of Al5", AmyotrophicLateralSclerosis& Other Motor
NeuronDisorders3: 23, 2002.
3. Seriousnessof the condition
Al5 is a very seriouscondition with significantmorbidity and a poor prognosis.
Therapeuticoptions, both in terms of slowingdiseaseprogressionand managing
clinical manifestations,are few and often Ineffective.
4. Verification of the condition
The diagnosisof Al5 is verifiable by clinicalcriteria and diagnostictests.
5. Specialconsiderationsfor inclusionof the condition
The MedicalCannabisProgramshould require medicalrecordsthat document the
diagnosisof Al5, and a written statement from the patient's attending physician
that medicalcannabisis likely to be of benefit.
;
H. Flbromyalgia
1. Biologicalplausiblllty
FibromyalglaIsa pain syndromewith a poorly defined pathophysiology:
a. BradleyLA."Pathophysiologicmechanismsof fibromyalglaand its related
disorders",Journalof ClinicalPsychiatry69 Suppl2: 6-13,2008.
It is conceivablethat the action of cannablnoidsof CB1receptorsmight havea
beneficialeffect upon the pain that is characteristicof fibromyalgia:
b. McPartlandJM. "Expressionof the endocannablnoldsystemin fibroblasts
and myofasclaltissues",Journalof Bodywork& MovementTherapies12:
169-182, 2008.
c. RussoEB."Clinicalendocannablnoiddeficiency(CECO): can this concept
explaintherapeuticbenefits of cannabisin migraine,fibromyalgia,Irritable
bowel syndromeand other treatment-resistantconditions?"
Neuroendocrlnology Letters29: 192-200,2008.
2. Clinicaldata
Thereare no publishedclinicaldata regardingthe effectivenessof medicalcannabis
in the managementof fibromyalgia.
Fibromyalglacan havea significantImpactupon socialfunctioning and quality of
life.
4. Verificationof the condition
TheAmericanCollegeof Rheumatology"1990 Criteriafor the Classificationof
Fibromyalgla"(Wolfe Fetal., ''TheAmericanCollegeof Rheumatology1990Criteria
for the Classificationof Fibromyalgla:Reportof the Multicenter Criteria
Committee",Arthritis & Rheumatism33: 160-172,1990)include:
a. Historyof widespreadpain presentfor at least3 months,on both sidesof the
body and aboveand below the waist.
b. Painin 11 of 18 tender point siteson digital palpation("trigger points")
c. In addition to muscularpain,frequent associationof the following signsand
symptoms:fatigue, insomnia,joint pains,headaches,restlesslegs,numbness
and tingling, Impairedmemory, leg cramps,impairedconcentration,
nervousness,major depression
5. Specialconsiderationsfor Inclusionof the condition
Forthe purposesof the MedicalCannabisProgram,the clinicaldiagnosisof
fibromyalglawould be problematicto verify.
II. Conditionsthat are not recommendedfor addition to the listof ellgibleconditions:
A. Depression
The biologicalrationalefor a therapeutic effect of medicalcannabisin depressionIs not well
described. Delta9-THCand cannabidiolappearto havedifferent effectsin the CNSmediated
through different receptorsIn different locations In the CNSthat can result in a mixture of
excitatory and anxiolytlc effects.
2. Clintcatdata:
In the caseof both major depressivedisorder and bipolar disorder,there are studiesthat cause
significantconcernregardingthe role of exogenouscannablnoldsIn exacerbatingnegative
manifestationsof these disorders,Includingpsychosisand suicide:
a. Winokur Get al., "Alcoholismand drug abuseIn three groups- bipolar I, unlpolarsand
their acquaintances",Journalof Affective DisordersSO:81-89, 1998.
b. BaethgeC et al., "SubstanceabuseIn first-episodebipolar I disorder: indicationsfor
early Interventlon", AmericanJournalof Psychiatry162: 1008-1010,2005.
c. BaethgeC et al., "Sequencingof substanceuseand affective morbidity in 166 first-
episodebipolar I disorder patients.Bipolar Disorder10: 738-741,2008.
d. StrakowskiSM et al., "The impact of substanceabuseon the courseof bipolar disorder'',
BiologicalPsychology48: 477-485,2000.
Major depressiveillnessand its attendant morbidity and mortality are a significantpublic health
concern. The preponderanceof availabledata suggeststhat medicalcannabiscould overall
have a negativeImpact upon this condition.
4. Verification of the condition
There are DSM-IVcriteria for the diagnosisof major depressiveIllnessand bipolar disorder.
5. Specialconsiderationsfor inclusionof the condition
The Medical AdvisoryCommittee to the Medical CannabisProgramadvisesthat depressionnot
be recommendedfor addition to the list of eligible conditions.
B. ChronichepatitisC infection(not currentlyreceivingantiviraltherapy)

Pleaserefer to the discussionof hepatitis C infection, currently receivingantiviral therapy,
above. As noted In that discussion,there is concernthat chronic cannabisuse In peoplewith
chronic hepatitis C infection leadsto an accelerationof hepaticsteatoslsand fibrosis.
C. EnvironmentalIllness
There Is no documentedbiologic rationale or clinical data to support a role for the use of
medical cannabisin the managementof environmental illness.
D, BrainDysfunction
The Medical AdvisoryCommittee voted to not recommendthis condition becausethe condition
was not adequatelydefined.
E, EstrogenReplacementTherapy
There is no documented biologic rationale or cllnlcaldata to support a role for the useof
medical cannabisin the managementof people currently receivingestrogenreplacement
therapy.
For Immediate Release: Contact: Deborah Busemeyer
February 16, 2009 Office: 827-2619, Cell: 4 70-2290
Health Secretary Adds Seven Medical Conditions to Medical Cannabis Program
(Santa Fe)- Health Secretary Dr. Alfredo Vigil announced today that the New Mexico
Department of Health is adding seven new medical conditions to its Medical Cannabis Program.
Dr. Vigil based his decision on the Department's Medical Advisory Board's recommendations, a
review of scientific literature that shows the conditions could be helped by medical cannabis and
the purpose of the Lynn and Erin Compassionate Use Act to provide relief from pain and
suffering associated with debilitating medical conditions.
The seven new conditions are: painful peripheral neuropathy, intractable nausea/vomiting, severe
anorexia/cachexia, hepatitis C infection currently receiving antiviral treatment, Crohn's disease,
Post-traumatic Stress Disorder and Amyotrophic Lateral Sclerosis (Lou Gehrig ' s disease).
"It's important that we add conditions to our program only if we have scientific evidence that
medical cannabis can provide relief to people who are suffering from those chronic conditions,"
Dr. Vigil said. "We are proud to reach this step where we can help even more people who are
suffering needlessly."
The eight-member Medical Advisory Board had recommended approving eight conditions. Dr .
Vigil did not approve fibromyalgia because there is not enough evidence that medical cannabis
can be potential effective for that condition . Dr. Vigil accepted the Board's recommendation to
deny petitions to add depression, chronic hepatitis C infection (without receiving treatment),
environmental illness, brain dysfunction and estrogen replacement therapy.
The board-certified physicians who serve on the Medical Advisory Board will meet again
onApril 13 to review additional petitions and reconsider other petitions previously submitted.
The Board had requested more information from people who petitioned to add chronic pain,
bipolar disorder, arthritis, asthma/chronic obstructive pulmonary disease, chronic fatigue
syndrome and chronic sinus congestion from blunt-facial trauma. People must submit petitions
by March 13 to be considered at the April hearing. The Department is determining the location
of the hearing.
Once a condition is approved, anyone with that medical condition can apply to the Medical
Cannabis Program. In addition to the new conditions added, qualifying conditions are: cancer,
glaucoma, multiple sclerosis, damage to the nervous tissue of the spinal cord with intractable
spasticity, epilepsy and HIV/AIDS. Hospice patients may also be eligible.
To apply for the Medical Cannabis program or to petition for a new condition, look up
http://www. nmhenlth.Qrg/mar ijuana .html or call the Medical Cannabis Program Coordinator at
505-827-2321 .
EXHIBIT
Office of the Secretary• 1190 St. Francis Drive, N4100 • P.O. Box 26110
Santa Fe, New Mexico• 87502-6110 • (505) 827-2613 • FAX: (505) 827-2530
http://www .nmhealth .org
j 6
For all conditions, physicians must certify that patients have an eligible condition, and the
condition is debilitating and not helped by standard treatments. Physicians must also attest that
they have informed patients of the potential risks and benefits associated with using medical
cannabis for their condition. For post traumatic stress disorder, a psychiatrist must certify that
patients have the disorder.
Since the Medical Cannabis Program began July 1, 2007, the Department of Health has
approved 207 patient applications.
###
CC\t<·ol~
l(ievc M. D.
--- - ---~-
General Psychiatry
October 11, 2013
Psychiatric Evaluation for PTSD
-~is aa.ear-old sin.ge f le who came to see me to be evaluated

for Post~aticYess Disorder.
following a traumatic miscarriage.
was not expecting to become pregnant
ilb
· PTSDsymptoms began this summer,
en using birth control medication and
egan experiencing spotting and
then severe cramps began. She thoughts e aa a ruptured appendix and by the
time she got to the hospital, she told her boyfriend she didn't think she was going to
live. Following an emergency D & C, the doctor who performed the procedure asked
-if she would like to see the embryo, something which totally horrified her.
Smee the D & C, ~s HCGlevels have not returned to normal and she has under
gone frequent b\o~ts as a result. She has remained extremely anxious during
this time.
<atells me that since the miscarriage, she has not been able to be intimate with
her boyfriend because she is so afraid that she will become pregnant again. This has
put a big strain on their relationship. Her relationships with other people have
suffered as well; she doesn't feel as though she can trust people. She has been
something that was not in her nature before. _Every time

bes andw
isolating herself and dropped out of college. (She had a golf scholarship.)~
experiences flashbacks, feels anxious all of the time angry ea~
has her menses, she
has flashbacks of the miscarriage and fears that the pain an horror will return.
1believe that the trauma cal experienced this summer, triggered much earlier
trauma, which she experie~as a young teenager at the hands of her father.
~an playing golf at abou!lia
e 5 with her uncle. It became clear to her uncle
th~ had talent, so he told sf ther, who became extremely ambitious
for her. Beginning in her early teens, s fathe·r would d rout of bed at 5
o'clock every morning (before school), ta e er to o "warm up"
by shooting baskets for awhile before driving her o to
play golf before taking her to school. cllllwas expecte to eep her gr_a~ as
welJ as concentrate heavily on her golf game. Her father began entering llllllllrin
tournaments and she began winning, at which point s-e be an to like the game.
However, the morning routine with her father drove razy and she began
wearing headphones to listen to music so that she wou n ave to listen to him
yelling at her . There were several times when he became so angry that he would rip
the headphones off of-so that she had no choice but to listen to his yelling.
'?'( 7 17r) '";t I:..7/\,,7° =Jf~ A EXHIBIT

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General Psychiatry
-smother was an absent figure d~ost of her childhood. She was

extremely unhappy in her marriage to ~s father.nd e entually left, taking
~ith her when she moved in with a boyfriend. spent a lot of time
a~nd had-"rtually no support during sorne periods m her growing up life.
Fortunately, relationship with her mother is improvin and they are
becoming quite c ose. However, there were many times when smother
would drop her off at her grandmother's house as a child and would not
know when she would see her mother again.
- meets criteria for PTSD.I am recommending a medical marijuana card for

her. Cannabis helps relieve her anxiety, allows her to be less isolated and fearful of
interactions with people. It also eases the time of her menses.
~ (-ut:J
(~LA-tvfJ~
Carola Kieve, M.D.
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l Dear Patient Applicant,
NAME:
___ Re-cnrollmeul
Please return this form with missing
documentation.
Thank you for applying to the Medical Cannabis Program. Through the ndministrntive review process, it bas been determined that your
application is incomplete . We will continue processing your application proceS!lwhen the infom1alion requested below has been received.
The program cannot ncccpt Items via email or rax nnd nU medical records must be within thc Inst 12 months.
0 Clear copy ofNM Photo I.D. (Driver's License or NM Stale ID Card) - Must be a copy of the pem1ancnt'NM Photo I.D. -Temporary/
Extension J.D. or licenses are not accepted.)
0 lnformati<ln regarding diagnosis

0 To qualify under Severe Chronic Pain you need two certifications, one of which must be from a pain management specialist.
0 To apply under Inflammatory Autoimmune-MediatedArthritis, your certification must be from a rheumatologist.
0 To npplyunder Glaucoma: Lhediagnosis must be made by e.nophthalmologist.
0 To apply under Pninful Peripheral Neuropnthy:Medical Records must be submitted with diagnosis.
0 To apply under PTSD: You must provide a Jetter or records from n psycbiatrist or psychiatric nurse practitioner that confirm
diagnosis and provide an update on how you are doing under current treatment.
0 Clinical notes, diagnostic notes, or current medical documents are required. ____ _______ ____ _
0 •Afcer consulting with your certifying medical provider and/or reviewing the medical records it ha~ been determined that you are not
, ible under the condition you listed .
Provide dooumeotation of medicatious or standard treatments that luwe foiled.
0 Enrollment Forms/Medical Certlfica tion forms/Medical Practitiont?rs Notes

0 Enrollment Information Form wns nol complete
0 Applicant did not sign and/or date the fonn.
0 Medical Certification Fonn wns not complete
D Missing medical provider contact information
D Certifying and/or contributing medical practitioner(s) providing records must be licensed in New Mexico and must have:a current
New Mexico Controlled Substances License .
D Release of Information for all contdbuting medical practitioners.
0 Patient Production License Application Form

0 Incomplete, nll sections must be completed.
0 Not enough detail, each section must be answered in detail.
0 Proof of household income is requiredbui was not submitted with your application. You must provide a copy of your household
federal tax return. lfyour household does not file federal taxes provide a statement regarding how many people live in your household,
and what is your lotal monthly household income.
D A $30 fee is required but was not submitted with your application.
0 Address on application differs from address on file. You must provide proufyou own property or Lhatit is your primary re.sidcnce.
This can be in the form of a deed, utility bill, or a certified copy of your lease agreement.
0 Outdated forms were submitted. Please re-submit current program forms. They can be found on the program website below.
0 EnrollmenVApplicationforms MUST be originals. Copies are NOT accepted.
0 Notes:
Mniliog Address: Conlacl Informalion:

New Mexico Department of Health Medicnl Cannabis Program Email: medical.cannabis@.stale.nm.us
1190AL Francis Drive S 3400 Website Address: www .nmhealth.orl!lmcp/
Santa Fe, NM 87505 Office Number: 505-827-2321
Updated 8/16/2013
EXHIBIT
I E
Carola l{icvc M. D.
General Psychiatry
November 22, 2013
To Whom It May Concern:
14111-has applied for a medical Cannabis Card. She received a letter in the
~requesting documentation of medications that have been tried and failed. No
medications have been tried because the patient does not want to take
pharmaceuticals. I have insisted that she be in therapy to discuss and work out the
issues that have caused her to have PTSD.I cannot and will not force a patient to
take pharmaceuticals if they wish not to.
Sincerely
GelH£4..
~c i·Lf' -it v:J
CaroJa Kieve, M.D. I
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Please return this form with missing
NAME:
documentation.
DATE:
___ Re-enrollment
Dear Patient Applicant,
Thank you for applying to the Medical Cannabis Program. Through the administrative review process, it has been determined that your
application is incomplete. We will continue processing your application process when the information requested below has been received.
The program cannot accept items via email or fax and all medical records must be within the last 12 months.
D Clear copy ofNM Photo l.D. (Driver's License or NM State ID Card) - Must be a copy of the pennanent NM Photo I.D. -Temporary/
Extension I.D. or licenses are not accepted.)
D Information regarding diagnosis

0 To qualify under Severe Chronic Pain you need two certifications, one of which must be from a pain management specialist.
0 To apply under Inflammatory Autoimmune-Mediated Arthritis, your certification must be from a rheumatologist.
D To apply under Glaucoma: the diagnosis must be made by an ophthalmologist.
0 To apply under Painful Peripheral Neuropathy: Medical Records must be submitted with diagnosis.
D To apply under PTSD: You must provide a letter or records from a psychiatrist or psychiatric nurse practitioner that confinn
diagnosis and provide an update on how you are doing under current treatment.
0., Clinical notes, diagnostic notes, or current medical documents are required. ---,-----,------------
~ After consulting with your certifying medical provider and/or reviewing the medical records it has been determined that you are not
'oib le und er the condition ou Jj ted
0 Provide ocumentati on of medications or standard treatments that have failed.
D Enrollment Forms/Medical Certification forms/Medical Practitioners Notes
0 Enrollment Information Form was not complete
D Applicant did not sign and/or date the form. ,
~ M~di_calCert~cation ~arm was n~t compl~te-
0 M1ssrng medica l provider contact 1nfonnat10a
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D Certifying and/or contributing medical practitioner(s) providing records must be licensed in New Mexico and must have a current
New Mexico Controlled Substances License.
0 Release of Information for all contributing medical practitioners.
D Patient Production License Application Form

0 Incomplete, all sections mus t be completed .
D Not enough detail, each section must be answered in detail.
0 Proof of household income is required but was not submitted \'\lithyour application. You must provide a copy of your household
federal tax return. If your household does not file federal taxes provide a statement regarding how many people live in your household,
and what is your total monthly hous ehold income .
D A $30 fee is required but was not submirted with your application .
D Address on application differs from addre ss on file. You must provide proof you O\m property or that it is your primary residence.
This can be in the fo1111of a deed, utility bill, or a certified copy of your lease agreement.
D Outdated forms were submitted. Please re-submit current program fonns. They can be found on the program website below.
D Enrollment/Application forms MUST be originals. Copies are NOT accepted.
Mailing Address: Contact Information:

New Mexico Department of Health Medical Cannabis Program Email: medical.cannabis~state.nm.us
1190 At. Francis Drive S 3400 Website Address: www.nrnhealth .ori!lmcp
Santa Fe, NM 87505
Offic~e_le Ef\71e~
EXHIBIT Updated 8/16/2013
Hc:: 1 2 2013
t1
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------
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Carol" l{ievc M. D.
General Psychiatry
December 12, 2013
To Whom It May Concern:
This letter concerns Itli:allil who is my patient. Her application for a medical
cannabis card was demed ~lack of documentation re medications and
therapies that have been tried in the past, as well as the need for a mental status
exam.
Mental Status Exam:

19presents as a nicely dressed, young female. She is pleasant and cooperative. Her
speech is goal directed. Her affect is anxious. She denies suicidal or homicidal
ideation. She denies auditory or visual hallucinations. There is no paranoia, ideas of
reference or delusions. Memory and cognitiv e abilities are superficially intact
Judgment and insight are fair.
My d_i~osis remains Post Traumatic Stress Disorder and my recommendation is

that 19be allowed to join the New Mexico Medical Cannabis Program.
Sincerely,
C:u+t..tl "t 1')

~Ltu-e,
Carola Kieve, M.D.
~~~~·;31
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L...111 UllllltillU ni::-i::111 UllllltHll I IIIUI llli::lllUII rur Ill
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Pk= pri,t end=~• ,ppllo,,t;o, ~ compl,1<.Jm,omptct, ., m,g;b),,ppllmtloos o, •wlkotioo, w;<l
missing documentswill delay processing.Incomplete applications will be kept on file for six months from the
HEA(JH L-
s must have original signatures. Photocopies,
fonn r-ec-e-iv-cd_b_y_th_c_p_ro-gra_m_
-da-le_• ;_a_lle_r_si_x_m laxeo and
_on-th-s-it_w_it-,l electronicw-ap-p-
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1de copies
,....d:,::an-:-d-a-n-e-wlllio-n-m-
li-ca-t notu-st-b-e-su-b-m-i~-ed--_A_
beaccepted . II _ __,
0 NewPallent,Re-enrolling Patient(PatientID#: __ ) ExpirationDate: \'J!:;>S/\Y

D Copyof NewMexicoID or Driver's License Attached. (This mustbea permanentID; the programcannotaccept
Temporaryor ExtensionID}
ApplicantFirst Name:---H ____ Last:--~ ______ Middle: ~C._....
__
Dateof Birth (Month/Day/Year):__________ _
The following information is optional and is used for statistical purposes only:
_ Hispanic White flmerican Indian Black or African/American Asian
Native Hawaiian/Pacific Islander Other
Thephysicaladdress
providedbelowmustbeyour primaryphysicalresidence and will appearonyour patientcard
subjectto approval.
Onceapproved,anychangeof addressmustbe reported,in writing,to our office within ten {10)calendardays.
Is the addressbelowa changeof addressfrom previousyear applications?__ Yes ✓ No
Mailing Address·
City
Email:
CertifyingMedical Provider's Name: Secondary/Specialist

MedicalProviderName:
ltivoltt~itwJ 1111)
Medical Provider's Office Address:
By signing below, I certify that all the infonnation submitted is complete and correct. I also acknowledge that I have
read and will abide by the limitations and restrictions on my right to use and possess medical cannabis as stated in the
Lynn and Erin Compassionate Use Act and in New Mexico Administrative Code 7.34.3, the full text can be found on
. ro am website at: nmhealth.org/abou1/mcp/svcs/.
(Date)
THE ENROLLME~IT/RE•ENROLLMENTMEDICAL CERTIFICATION FORM MUSTBE COMPLETEDIN FULL BY THE MEDICAL PROVIDER.
I NMOOH USEONLy i
DateChart Created:_____ ReviewedBy: Medical Cannabis Program• NM Departmentof Health
PPL ApplicationAttached: _ YES_ NO 1190St. FranclsDrive,S3400• Santa Fe, NewMexico87505
/505)827·2321
t NTEREn EXHIBIT DECE&VEn Page 1
~,, NOV
2.5,r lJ
Revise
1 ~ n N8Vt 8 2014 U
tte-enro11ment
c 11,u11111tmu Medical certification Form
YI . NEWMEXICOPlease print clearly and ensure applicationis complete.Incompleteor illegibleapplicationsor applicationswitll
missingdocumentswill delay processing.Incompleteapplicationswill be kept on file for six months from the
DEPARTMENT OF
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Applicant First Name:

Patient Date of Birth : (for
Medical Reason for Provider Certification
Pleasecheckonly onecondition(checkingmultipleconditionsmaydelay/he applicationprocess)
□ AmyotrophlcLateralSclercsls These conditions have additional requirements for submission.

□ Cancer(please specify type) __ _ ______ _
□ Glaucoma (Ophthalmologist diagnos is requlred)
□ Crohn's Disease □ Hepatitis C Infection currently receiving antiviral treatment !proof cf current anti-viral
D Epilepsy treatment requ ired)
□ Inflammatory autclmmune-medlated arthritis IRheum.Jtclogist certification required)
□ HIV/AIDS
□ Painful Peripheral Neurcpathy Isubmit medical records with diagnosis)
□ Hospice Care
□ Severe Chronic Pain (this condit ion must be accompanied by two medica l
□ Intractable Nausea/Vomiting Certificatio ns famlllar with pat ients chronic pain, one from a primary care provid er and a
□ Multiple Sderosls second from a speclallst with expe rt ise In pain management or experti s e In th e prec ess
th at Is causing th e pain conflnnln g unremitting se vere chrcn lc pain. This applies to bo th
□ Severe Ancrexla/cachexla new app lication s and re-enrollments ).
D Spinal Cord Damage with Intractable Spastlclty '/, Post -Traumatic Stress Disorder (current documentation confirming t he diagnosis by a
Psychiatrist, Psychiatric NursePractit ioner er Prescribing Psychologist mu st bl! Included
□ Spasmodic Tortlcollls (Cervical Dystcnla) with this certification).
□ Huntington's Disease
D Parkinson's disease
D Ulcerative Colltls
Written certification MUST be provided pursuantto the Lynn& Erin Compassionate UseAct of 2007,medical provider must certify and answerthe
following questions as well as provide medical records, diagnostic notes, or signed letter regarding treatment and diagnosis.
Bysigningbelow you are certifying,that based on your In person examination of the patient, the patient's condition Is:
• Chronicand debllltatlng Yes □ No
• Youhave discussedthe potential risks and benefits with the patient and benefits outweigh risk Yes D No
• Standard Treatments have failed to bring adequate relief Yes D No
)
• If requested you can provide records that reflect history and treatment of diagnosis. Yes □ No
For re-enrollments, the provider must re-certify that the patient's medicnl condition still wnrrnnts the use of medical can~is by selecting the
answer that applies. Doyou believe this person still meets the ellglbilltyrequirements for the MedicalCannabisProgram? 1l Yes D No
·me New Mexico Department of Health, Medical CannabisProgram will verify the information providedwithin 30 days of receiving a full and complete
application. Verification of medical infonnation may include, with patient consent, examination of medical records documenting the patient hes a current
diagnosis ofa. debilitating medical condition. Certification must be provided by n practitioner as defined in Section3 of the Lynn& Erin Compassionate
UseAct of 2007,"a pcl's on licensed in New Mexico to prescribe and administer drugs that are subject to the Controlled Substances Act." By signing
below you are attesting that your primaryplace of practice is within the State of Now Mexico. F'urthcr you are certifying patient eligibility for enrollment
in Lhe New Mexico Department of Health Medical Cannabis Program and agreeing to have patient medical records audited es necessary.
-~'¥-fJ--~"-'--'::--.__._~--~~--- ---- Patient in your care for how long? Ui/

I I / 13
______,_---=----=-'--"_._-~----'-='-"=
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----:~ ...u.J,"-:,.-r,,,--t'-,--::--rT'7"0~- - -- City: _ _ _______ State: NM Zip Code: ___ _
~=====f-__,____ Second Telephone N
t-- -- DEA License II:
Date: II/G'{l3
(Must be dated wfthin 90days of program receipt)
I NMDOH USE ONLY
Date Chart Created: __ _ ___ ~o'{!d Medical Cannabis Program• NM Department of Health
Medical Director Signature: --- -~ate: __ _ 1190St. Francis Drive, S3400• Santa Fe, NM 87505
1MCP Coordinator/Manager Signature:__________ Date: __ _ {505)827-2321
NOV1 9 201~ Page 2
i::111u11111t:11urw-1:::111u111nem 1v1eaica1
liertmcattont-orm
' NEWMEXICQ Pleaseprint clearlyand ensure applicationis complete. Incompleteor illegibleapplicationsor applicationswith
11Jij:1tiiiiM::fal•);I missing documentswill delay processing. Incompleteapplicationswill be kept on file for six monthsfrom the
HEA[J
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This form must be completedby the certifying medical practitioner and includedwith all applications.
Patient Name: Date of Birth:
D New Patient Application ~ Renewal Application

r _, r-:t!
Location where Exam Perfonned: _ ...1-
,0-=...,:
~:_
(__ __ <;si-
) i,_e_(/\ti __ fb_l_(J._v_)
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_ _ \_ _ _____ _
City: Obth. \ K, Statel'JM Zip Cod~c.9)
Diagnosis: f TS.1)
O}Continuing Patient D Initial Visit □ Consultation I J IA U\(V\t'J,,i'laJ.
CC<£-tt,tf,l~~
v 1. tt reel
.....
J c(}.,Vik(llJ--e,.,
Have you attached medical records, diagnostic notes, or other records of treatment? I 4- ~ D Yes D No ~"-c
e
Where are patient records kept? Office '1.__ Other (explain) tl1;1l'{C
•heJ
Cl vYrnveLck;-
Treatment History/History of Diagnosis:
;'
Practitioner Signature
I NMOOHUSE ONLY
DateChart Created:____ _ _ a Approved C Not Approved Medicnl Cannabis Program• NM Departmentof Health
MedicalDirectorSignature: Date:__ _ 1190St. FrancisDrive, S3400• Santa Fe, NM 87505
1 MCP Coordinator/Manager Signature: Date:__ _ {505l 827-2321
Page 3
111.,1\iO,Hi UI I IIIUI IIIOLIUII ru, Ill
NEW
MEX
ICQr--P-le_as_e-pn-.n-t-cl-ear_l_y_an_d_e_n_su-re_a_p-pl-ic-at-io-n-is-c-om_p_le-te-. -ln-c-om_p_le-te_ o_r_il_le-gi-bl-e-ap_p_li-ca-ti-on_s_o_ra-p-pl-ic-at-io-ns_w_i-th- -,
DEPARTMENT
OF missingdocumentswill delay processing.Incompleteapplicationswill be kept on file for six monthsfrom the
( HEAIJH
.... forms
-da must
-te- r-ec have
_ b_y_loriginal
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signatures.
_a_m_;-aft faxed
_l b_e_v_and
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st_b_
e -su-bm .-ed_. _A_ll _ ___,
- itt
_____ __, hereby authorize the New Mexico Department of Health,
Medical Cannabis Program to discuss my medical condition, including treatment records, test results and
evaluations specific to ______ }J

_(_S_f) _ _________ with the medical providers identified
in this application. (Please Print QualifyingMedicalCannabisCondition)
I understand that I may revoke this release at any time. I also understand that if I wish to revoke this authorization,
I must do so in writing to the Medical Cannabis Program Coordinator, and that revocation may result in the
inability of the program to certify me as a Medical Cannabis Program participant. Additionally, I understand that
the revocation will not apply to information that has already been released in response to this authorization. The
information disclosed pursuant to the authorization is subject to potential re-disclosure by the recipient, and will not
be protected by the HIPAA privacy rule. I understand that this disclosure is voluntary and that signing this form is
not necessary in order to receive treatment from the Department of Health. This release is required, however, to
verify my eligibility for the Medical Cannabis Program.
By signing this release, I certify that I am aware that the program may provide verification of my enrollment and
personal production license status with law enforcement; but only for the purpose of verifying that a person is
lawfully enrolled in the medical cannabis program, or in the event that the medical cannabis program manager or
designee has reason to believe that a qualified patient or patient-applicant may have violated an applicable law or
failed to adhere to Department of Health regulations.
Participant Signature or Personal Representative:

Print Name: \
Date: -~_.......,......__,__ __ _
This authorization will expire in one ( 1) year.
If this fonn is signed by a personal repr esentative, rather than the applicant a witness other than the personal
representative must sign below:
Witness Signature_ _ ____ ~ f[,_J.b-f.

_ _ -1----rt-
_ VJ
__
Medical Cannabis Program Email: medical.cannabis@state.nm.us

NM Department of Health Website:www.nmhealth.org/mcp
1190 St. Francis Drive, Suite S340O Phone:(505) 827-2321
?anta Fe, NM 87505
Page4
ling document-swill d ,j-· - ..,.,,..~ :--v..'·' v"' 111'-' <.:.111comp1cteor 1llegible ,- -
!received by the "a~ proccs_srng. lncomplctc tlpplfcalions will h' k, app ~cations_or applications with
!ismu t l . ~rogr~m, oner six months it will be voided , d c cpl _on ~Jlcfor six months from the
¥£.•'· s 1ave OTIPln~I c:,n"r, ♦h-.-.,- n, . an a new ;annf1(',;i,f11".-. -··-· 1 ~ .
Enrollment/Re-enrollment Medical Certification Form

.:._I/I/MEXICQ Please print clearly and ensure application is complete. Incomplete or illegible applications or applications with
i:B,fi&(::J~i
(t];i missing document s will delay processing. Incomplete applications will be kept on file for six months from the
nEA[JH
. date received by the program; after six month s it will be voided and a new application must be submitted. All
~fi-or_m_s_m_u
_s_t _ha_v_c_o_ri_g_in
_a_l s-ig_n_a_tu
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_ be_a_c
_c_e1_1t
_cd_.___ _ ~
Thi form mu st be completed bv th e certif ying m edical practition er and included with all application
Date of Visit: ·3 ·s\\ lY

I ,-.al
Patient Name: J0.ft-b{'t,@
0 ~_ _ _ Date of Birth:
D New Patient Application Jz{Renewal Application

Location where Exam Performed: {p00 Lf-1,1\.f\~
- l--------------J-.~----------- b (d..c,lL :ft; {
- ---
City>'j .(jr-+z:, ~ Statef-.l M Zip Code: '25
1- 'DJ-
Diagnosis : 1>[_'-,)
f)
}8iContinuing Patient 0 Initial Visit O Consultation
pi- ,s . ,,
Have you attached medical records, diagnostic notes, or other records of treatment? □ Yes ,ANo r ei1etli ! "j
Where are patient records kept? Office L Other (explain) _________________________ _
,, . vi
l
iactitioner Signature Date of Evaluation
i
N rno11 USE O J,Y
Date_Char~ Create~:
Medical Director Signature:
1
fl~~ ~ ApprO)'t:W Not App roved
D11tc:
/...>·'t 'f__
4-- Medi<ol C••••bi< r,?gcsm • NM Dep,rtme•t of Hea11
1190 St. Francis Driv e, S3400 • Santa Fe, NM 87502
· ·-- - •· · -"·- '~"--~ - - -- ~:nnn ,,...,_
. Date: ~-- (505)827-2321
7.34.2NMAC http://164.64. l l0.239/nmac/parts/title07 /07 .034.0002.htm
EXHIBIT
TITLE7
CHAPTER34
PART2
HEALTH
MEDICAL USE OF CANNABIS
ADVISORY BOARD RESPONSIBILITIES AND DUTIES
I L
7.34.2.1 ISSUING AGENCY: New Mexico Department of Health, Medical Cannabis Program
[7.34.2.1 NMAC - Rp, 7.34.2.1 NMAC, 2/27/2015]
7.34.2.2 STATUTORY AUTHORITY: The requirements set forth herein are promulgated by the secretary of the
department of health pursuant to the authority granted under Section 9-7-6 (E) NMSA 1978, and the Lynn and Erin
Compassionate Use Act, 26-2B-1 et seq. NMSA 1978.
[7.34.2 .2 NMAC - Rp, 7.34.2.2 NMAC, 2/27/2015]
7.34.2.3 SCOPE: This part governs the membership, duties, responsibilities and public hearing proceedings of the
medical cannabis advisory board.
[7.34.2 .3 NMAC - Rp, 7.34.2.3 NMAC, 2/27/2015]
7.34.2.4 DURATION: Permanent.

[7.34.2.4 NMAC - Rp, 7.34.2.4 NMAC, 2/27/2015]
7.34.2.5 EFFECTIVE DATE: February 27, 2015, unless a later date is cited at the end of a section.
[7.34.2.5 NMAC - Rp, 7.34.2.5 NMAC, 2/27/2015]
7.34.2.6 OBJECTIVE: The objective ofthis part is to establish membership, duties, responsibilities, and public
hearing procedures that govern the medical cannabis advisory board proceedings.
[7.34.2 .6 NMAC- Rp, 7.34.2.6 NMAC, 2/27/2015]
7.34.2.7 DEFINITIONS:
A. "Act" means the Lynn and Erin Compassionate Use Act, NMSA 1978, Sections 26-2B-1 through 26-2B-7.
B. "Adequate supply" means an amount of cannabis, derived solely from an intrastate source and in a form
approved by the department, that is possessed by a qualified patient or collectively possessed by a qualified patient and the
qualified patient's primary caregiver, that is determined by the department to be no more than reasonably necessary to ensure
the uninterrupted availability of cannabis for a period of three months or 90 consecutive calendar days.
C. "Administrative review conunittee" means an intra-department committee that reviews qualified patient
or primary caregiver application denials, licensed producer denials made by the program manager, or the imposition of a
summary suspension, in accordance with department rules. The administrative review committee shall consist of the chief
medical officer of the department (or that's person's designee); a deputy secretary of the department (or that person's designee),
and the chief nursing officer of the department (or that person's designee ).
D. "Administrative withdrawal" means the procedure for the voluntary withdrawal of a qualified patient or
primary caregiver from the medical cannabis program.
E. "Advisory board'' means the medical cannabis advisory board consisting of eight practitioners
representing the fields of neurology, pain management, medical oncology, psychiatry, infectious disease, family medicine, and
gynecology.
R "Applicant" means any person applying for enrollment or re-enrollment in the medical cannabis program as
a qualified patient, primary caregiver, or licensed producer.
G. "Approved laboratory" means a laboratory that has been approved by the department specifically for the
testing of cannabis, concentrates, and cannabis derived products.
H. "Batch" means, with regard to usable cannabis, a homogenous, identified quantity of cannabis harvested
during a specified time period from a specified cultivation area, and with regard to concentrated and cannabis-derived product,
means an identified quantity that is uniform, that is intended to meet specifications for identity, strength, and composition, and
that is manufactured, packaged, and labeled during a specified time period according to a single manufacturing, packaging, and
labeling protocol.
I. "Cannabidiol ("CBD")" is a cannabinoid and the primary non-psychoactive ingredient found in cannabis.
J. "Cannabis" means all parts of the plant, cannabis sativa, and cannabis indica, whether growing or not and
the resin extracted from any part of the plant.
K "Cannabis-derived product" means a product, other than cannabis itself, which contains or is derived
from cannabis, not including hemp.
L. "Concentrated cannabis-derived product ("concentrate")" means a cannabis-derived product that is
manufactured by a mechanical or chemical process that separates any cannabinoid from the cannabis plant, and that contains (or
that is intended to contain at the time of sale or distribution) no less than thirty-percent (30%) THC by weight.
1 of7 4/14/2015 8: 19 AM
7.34.2 NMAC http:/1164.64.110.239/nmac/parts/title07 /07 .034.0002.htm
M. "Courier'' means a person or entity that transports usable cannabis within the state of New Mexico from a
licensed non-profit producer to a qualified patient or primary caregiver.
N. "Debilitating medical condition'' means:
(1) cancer;
(2) glaucoma;
(4) damage to the nervous tissue of the spinal cord, with objective neurological indication of
intractable spasticity;
(5) epilepsy;
(6) positive status for human immunodeficiency virus or acquired immune deficiency syndrome;
(7) admission into hospice care in accordance with rules promulgated by the department; or
(8) any other medical condition, medical treatment, or disease as approved by the department which
results in pain, suffering, or debility for which there is credible evidence that medical use cannabis could be of benefit.
0. ''Department" means the department of health or its agent.
P. "Facility" means any building, space, or grounds licensed for the production, possession, testing,
manufacturing, or distribution of cannabis, concentrates, or cannabis-derived products.
Q. "Intrastate" means existing or occurring within the state boundaries of New Mexico.
R. "Laboratory applicant" means a laboratory that seeks to become an approved laboratory, or that seeks
renewal of approval as an approved laboratory, in accordance with this rule.
S. "License" means the document issued by the department granting the legal right to produce medical
cannabis for a specified period of time.
T. "Licensed producer'' means a person or entity licensed to produce medical cannabis.
U. "Licensure" means the process by which the department grants permission to an applicant to produce
cannabis.
V. "Lot" means an identified portion of a batch, that is uniform and that is intended to meet specifications for
identity, strength, and composition; or, in the case of a cannabis-derived product or concentrate, an identified quantity produced
in a specified period of time in a manner that is uniform and that is intended to meet specifications for identity, strength, and
composition.
W. "Male plant" means a male cannabis plant.
X. "Manufacture" means to make or otherwise produce cannabis-derived product or concentrate.
Y. "Manufacturer'' means a business entity that manufactures cannabis-derived product that has been
approved for this purpose by the medical cannabis program.
Z. "Mature female plant" means a harvestable female cannabis plant that is flowering.
AA. "Medical cannabis program" means the administrative body of the department charged with the
management of the medical cannabis program and enforcement of program regulations, to include issuance of registry
identification cards, licensing of producers, and regulation of manufacturing and distribution.
BB. "Medical cannabis program manager'' means the administrator of the medical cannabis program who
holds that title.
CC. "Medical director'' means a medical practitioner designated by the department to determine whether the
medical condition of an applicant qualifies as a debilitating medical condition eligible for enrollment in the program, and to
perform other duties.
DD. "Medical provider certification for patient eligibility fomi' means a written certification form provided
by the medical cannabis program signed by a patient's practitioner that, in the practitioner's professional opinion, the patient has
a debilitating medical condition as defined by the act or this part and would be anticipated to benefit from the use of cannabis.
EE. "Minor'' means an individual less than 18 years of age.
FF. "Paraphernalia" means any equipment, product, or material of any kind that is primarily intended or
designed for use in compounding, converting, processing, preparing, inhaling, or otherwise introducing cannabis or its
derivatives into the human body.
GG. "Patient enrollment/re-enrollment fomi' means the registry identification card application form for
patient applicants provided by the medical cannabis program.
UH. "Personal production license" means a license issued to a qualified patient participating in the medical
cannabis program, to permit the qualified patient to produce medical cannabis for the qualified patient's personal use, consistent
with the requirements of department rule.
Il. "Petitioner'' means any New Mexico resident or association of New Mexico residents petitioning the
advisory board for the inclusion of a new medical condition, medical treatment, or disease to be added to the list of debilitating
medical conditions that qualify for the use of cannabis.
JJ. "Plant" means any cannabis plant, cutting, or clone that has roots or that is cultivated with the intention of
growing roots.
KK. "Policy" means a written statement of principles that guides and determines present and future decisions and
2 of7 4/14/2015 8:19 AM

7.34.2NMAC http://l 64.64. l l0.239/nmac/parts/title07 /07 .034.0002.htm
actions of the licensed producer.

LL. "Practitioner'' means a person licensed in New Mexico to prescribe and administer drugs that are subject
to the Controlled Substances Act, Sections 30-31-1 et seq., NMSA 1978.
MM. "Primary caregiver'' means a resident of New Mexico who is at least 18 years of age and who has been
designated by I.hequalified palient or thei.r representati v · and the patient's practitioner as being necessary to take responsibility
for managing the well -being of a qualified patient with respect to lbe medical use of cannabis pursuant to the provi sions of the
Lym1and Erin Compassionate Use Act Section 26-2B- 1 el seq.,~ A 1978.
NN. "Primary caregiver application fomt" nieans the regi try iclenlification card application form provided by
the medical cannabis program
00. "Private entity" means a private, non-profit organization that applies to become or is licensed as a
producer and distributor of cannabis, conce ntrates, or cannabi s-del'ived products.
PP. "Profic iency testing'' means testing conducted by the departm nt or its agent to determine the ability of a
laboratory applicant or approved laboratory to accurately identify presence, quantity, or 0U1erfactors pertaining to a given
analyte.
QQ. "Qualified patient" means a resident of New Mexico who ha been diagnosed by a practitioner as having a
debilitating medical condition and ha. received a regi try identification card is ued pursuant to the requirements of the act or
department rules.
RR. "Registry identification card" means a document issued and owned by the department which identifies a
qualified patient authorized to engage in the use orcannabis for a debilitati ng medical c ndition or ad cument issued by the
department which identifies a primary caregiver authori1.ed to engage in U1 e intrastate po ession and admi r,jstration of cannabis
for the sole use of the qualified patient.
SS. "Representative" means an individual designated as the applicant's or petitioner's agent, guardian,
surrogate, or other legally appo inted or auUmrized health care decision maker.
TT. "Secretary" m ans U,c sec retary of Lh,New Mexico department of health.
UU. "Secure grounds" means a facility that provide s a safe cnvir nment to avoid loss or theft.
VV. "Security alarm system" means any device or series of devices capable of alerting law enforcement ,
including, but not limited to a signa l system interconnected with a radio fi:oquen·y method . uch as ce llular, private radio
signals, or otb r mechan ica l or electro nic device used to detect r reporl an emergency or unauthorized intrusion.
WW. "Security policy'' means the instruction manual or pamphlet adopted or d veloped by the licensed producer
containing security policies , afety and security procedures, and personal safe ty and crime preventi n techniques .
XX. "Seedling' means a cannabis plant that has no flowers.
YY. "Segregate" means to separate and withhold from use or sale batches, lots, cannabis, usable cannabis, or
cannabis-derived products in order to first determine its suitability for use Utr ugh testing by an approved laboratory.
ZZ. "THC" means tetrahydrocannabinol, a cannabinoid that is Lheprimary psychoactive ingredient in cannabis.
AAA. "Technical evidence" means scientific, clinical, medical, or other specialized testimony, or evidence, but
does not include legal argument, general comments, or statements of policy or position concerning matters at issue in the
hearing.
BBB. "Testing" means the process and procedures provided by an approved laboratory for testing of cannabis
and cannabis derived products, consistent with provisions of this rule.
CCC. "Unit" means a quantity of usable cannabis, concentrate, or cannabis-derived product that is used in
identifying the maximum supply that a qualified patient may possess for purposes or department rules.
DDD. "Usable cannabis" means the dried leaves and flowers of the female cannabis plant and cannabis-derived
produ ts including concentrates , but does not include the seeds, stalks, or roots of the plant.
[7.34.2.7 NMAC - Rp, 7.34 .2.7 NMAC, 2/27/2015]
7.34.2.8 ADVISORY BOARD MEMBERSHIP REQUIREMENTS AND RESPONSIBILITIES:

A. Advisory board membership: The advisory board shall consist of eighl practitio ner repre entiog Um
fields of neurology pain management, medical oncology, psychiatry, info tious disease, fami ly medicine and gynecology. The
praclilioners sha ll be nationa lly b ard-certitied in their area of speci.alty and knowledgeable about Lhemedical use of cannabis.
The member shall be chosen for appointment by the secret.ary from a list proposed by the New Mexico medical society.
B. Duties and responsibilities: The advisory board shall convene at least twice per year to:
(1) review and recommend to the department for approval additional debilitating medical conditions
that would benefit from the medical use of cannabis;
(2) recommend quantities of cannabis that are necessary to constitute an adequate supply for
(3) accept and review petitions to add medical conditions, medical treatments or diseases to the list
of debilitating medical conditions that qualify for the medical use of cannabis and all lawful privileges under the act and
implementing rules;
(4) issue recommendations concerning rules to be promulgated for the issuance of registry
3 of7 4/14/2015 8:19 AM

7.34.2NMAC http://164.64.1 l0.239/nmac/parts/title07 /07 .034.0002.htm
identification cards; and

(5) review conditi ons previously rev iewe d by th· board and approved by the secr etary for the
purpose of dcterrni ning whether to recommend 111 e revision of eligibili ty criteria for per on, applying under those conditions or
lo review new medical and sc ien1ific evidence pert.aining to currently approved conditions .
C. Advisory board membership term: Each member of ilie advisory board shall serve a term of two years
from the date of appointment by ilie secretary . No member may be removed prior to the expiration of his or her term without a
showing of good cause by ilie secretary .
D. Chairperson elect: The advisory board shall elect by majority vote cast of the eight member board a
chairper son and an alternate. The chairperson or alternate shall exerci se all powers and duties prescribed or delegated under
the act or this rule .
(1) Publi hearing re ponsibilities: The chairperso n shall conduct a fair and impartial proceeding ,
assure that the fac lS are fully elicited and avoid de lay. The chairperson shall have authority to tak! all meas ure nece sary for
the maintenance of order and for the efficient, fair and impartial res olution of i ·sues ari. ing during the publi h uring
proceedings or in any public meeting in which a quorum of the advi sory boar d are prese nt
(2) Delegation of chair: The chair person may delegate their re ponsibility to an alternat e. The
alternate shall exercise all powers and duties prescribed or del egated under the ac t or 1hi part.
E. Per diem and mileage: All advisory board members appointed under the authority of the act or this part
will receive as their sole remuneration for services as a member those amounts authorized under the Per Diem and Mileage Act,
Sections 10-8-1 et seq., NMSA 1978 .
[7.34.2 .8 NMAC - Rp, 7.34 .2.8 NMAC, 2/27/2015]
7.34.2.9 PETITIONREQUIREMENTS:
A. Petition requirements. The advisor y b ard may acce pt and r vi w petitions from any individu al or
association of individual s reques ting th additi on o f a new medical co ndition, medical lr atment or dis ease for the purpose of
parti cipating in the medical cannabis progra m and all lawful privil eges under the· cl. Except as otherwi se provided, a
petitioner filing a petition shall Iii the petition and a copy with lhe medica l ca nnabis pro gram staff by either personal delivery
or certified mail. In order for a petition to be proce ed and forwarded to the advisory board the following information shall be
submitted to ilie medical cannabis program staff.
(1) Petition format: Unless therwi e pr vided by this part or by order of the hearin g officer all
doc ument except exhibi ts, shall be prepar ed on 8 .1/2 x 11-inch whit pap r, print ed double-s ided, if possibl e, and where
appropri ate, the fir st page of e very document shall contain a heading ru1dcaption. Th petitioner shalJ include in the petition
documents a narrati ve address 10 the advi sory board , which includes:
(a) petition caption stating the name, address and telephone number of the petitioner and
ilie medical condition, medical treatment or disease sought to be added to the existing debilitating medical conditions;
(b) an index of the contents of th petiti on, an introductory narrative of the individual or
association of individuals requesting the inclusion of a new medical condition, medi cal treatment or dise a e Lo includ e the
individual or association of individuals' relationship or interest for ilie request whether that interest is professional or as a
concerned citiren;
(c) the proposed benefits from ilie medical use of cannabis specific to the medical
condition , medical treatment or disease sought to be added to the existing debilitating medical conditions listed under the act;
and
(d) any additional supporting medical, testimonial, or scientific documentation.
(2) Statement of intent to present technical evidence: If the petitioner wishes to present technical
evidence at the hearing , the petition shall include a statement of intent. The statement of intent to present technical evidence
shall include:
(a) the name of the person filing the statement ;
(b) the name of each witness;
(c) an estimate of the length of the direct testimony of each witness ;
(d) a list of exhibits, if any, to be offered into evidence at the hearing; and
(e) a summary or outline of the anticipated direct testimony of each witness.
B. Qt.Jalifiedpatient applicant petitioner: If the petition er is submitting their requests as a potential qualified
patient appli cant the petitioner shall attach an original medical practition er 's certifi cation for patient eligibility form provid ed
by the medical ca nna is program manager or de ignee which includes the following information :
(1) the name, address, telephone number and clinical licensure of the petitioner's practitioner;
(2) ilie medical justification for practitioner's certification of the petitioner's debilitating medical
condition;
(3) ilie practitioner's signature and date of signature;
(4) ilie name, address and date of birth of ilie petitioner ;
(5) the name, address and telephone number of the petitioner's practitioner;
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7.34 .2NMAC http:/ /164.64.110.239/nrnac/parts/title07 /07 .034.0002.htm
(6) a reasonable xerographic copy of the petitioner's New Mexico driver's license or comparable
New Mexico state or federal issued photo identification card verifying New Mexico residence;
(7) documented parental consent if applicable to the petitioner;
(8) if applicable, the petitioner's potential debilitating medical condition;
(9) the length of time the petitioner has been under the care of the practitioner providing the medical
provider certification for pati ent eligibility;
(10) the petitioner's signature and date ; and
(11) a signed consent for release of medical information form provided by the medical cannabis
program
C. Petitioner confidentiality: The department shall maintain a confidential file containing the names and
addresses of the persons who have either applied for or received a public hearing petition request. Individual names on the list
shall be confidential and not subject to disclosure, except:
(1) to authorized employees or agents of the department as necessary to perform the duties of the
department pursuant to the provisions of the act or this part;
(2) as provided in the federal Health Ins urance Portability and Acco untability Act of 1996.
D. Department notification: The medical cannabis program manager or de ignee "haJI review each petition
request and within reas nable lime a fter rece ipt issue notice of docketing upon the petitioner, each ad vis ry board member, and
the advi sory board legal c unsel. The notice of docketing shall contain the petition caption and d cket number, the date upon
wh.icb the petiti.on was rece ived and scheduling date of the advi ory board public hearing. A copy of thi rule shall be included
with a notice of docketing sent to the petitioner.
E. Examination allowed: Subject to the provisions of law restricting the public disclosure of confidential
information , any person may, during normal busi11es ' hours, inspect and copy any document filed in any public hearing
proc eeding. Inspection shall be permitted in acco rdance wilh the ln spec tion of Public Records Act, ections 14-2- J et seq.,
NMSA 1978, but may be limited by tl1e Health losw·ance Pbrtability and Accountability Act or1996. Document ·ubject to
inspection shall be made availabl e by ll1e medical cannabis program manager, or designee as appropri ate. Unles · waiv ed by the
department, the cost o f duplic ati.ng doc uments or audio filed in any public hearing proceeding shall be borne by the person
seeking the copies.
F. Notice of withdrawal: A petitioner may withdraw a petition at any time prior to a decision by the advisory
board by filing a notice of withdrawal with the medical cannabis program manager or designee.
(7.34 .2.9 NMAC - Rp, 7.34.2 .9 NMAC , 2/27/2015]
7.34.2.10 ADVISORY BOARD PUBLIC HEARING PROCEDURES:

A. Public hearing requirement: The advisory board shall convene by public hearing at least twice per year to
acce pt and re view petition requesting the inclusion of medical c nditio ns, medica l t:realmenLc;or diseases to the lis1of
debili tating medical conditions. Any meeting con isling ofa quorum of the advi sory board members held for the pw·posc of
evaluatin g, di . cussing or otherwi se formulating spec ific pini ns concerning the recommendation f a petition filed pursuant to
this rule, shall be dee la.red a publi c hearing open to the public al all times, unles a portion f tbe hearing is clo sed to protect
information made confidential by applicable state or federal law s. A petitioner or his or her repre ent:alive may request to
close a po rtion of the hear ing to protect tile disclosure ofco nfidenlial infi rmation by submilling their request in writing and
having that reque. t deliv ered to medical ca nnabis program staff at least 48 hours prior to the hearing.
Il. Location of'the public bearing: Unless otherwise ord ered by the advi sory board, the public hearing shall
be in held in New Mexico at a location sufficient to accommodate the anticipated audience .
C. Public hearing notice: The medical cannabis program manag r or designee shall, upon dir ec tion from the
advisory board chai..rpe r on, preporc a notice of public hear ing setting forth the date, time and location of the h ari.ng, a brief
desc ripti on of the petiLions rece ived and information on tlle requirements for public comment or statement of intent to prese nt
technical evid ence, and no later than 30 days prior to the hearing date, se nd copies, with requests l'br publication Lo at least one
newspaper of general cir culation. Th program manager or des ignee may further is ue notice of tbe hearing by any other means
I.he deparlment determine to be acce puible to provid e notice to the public.
D. Public hearing agenda: The department shall make available an agenda containing a list of specific items
to be discussed or information on h w the pub Iic may obtain a copy of such agenda.
E. Postponement Qf hearing: Request for postponement of a public hearing will be granted , by the advisory
board for good cause shown .
F. Statemmt of intent to present technical evidence: Any individual or association of individuals who wish
to present technica l evidence at the hear ing shall, no later than 15 days prior to the date of the hearing, file a statement of intent.
The statement of intent to pre se nt tec hnical evidence shall ioclude:
(1) the name of the person filing the statement;
(2) indication of whether the person filing the statement supports or opposes the petition at issue;
(3) the name of each witness;
(4) an estimate of the length of the direct testimony of each witness ;
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7.34.2NMAC http://164.64. l 10.239/nmac/parts/title07 /07 .034.0002.htm
(5) a list of exhibits, if any, to be offered into evidence at the hearing; and
(6) a summary or outline of the anticipated direct testimony of each witness.
G. Ex parte discussions: At no time after the initiation and before the conclusion of the petition process under
this part, shall the department, or any other party, interested participant or their representatives discuss ex parte the merits of the
petitions with any advisory board member.
H. Public hearing process: The advisory board chairperson shall conduct the public hearing so as to provide
a reasonable opportunity for all interested persons to be heard without making the hearing unreasonably lengthy or cumbersome
or burdening the record with unnecessary repetition .
(1) A quorum of the advisory board shall consist of three voting members.
(2) The advisory board chairperson or alternate shall convene each public hearing by:
(a) introduction of the advisory board members;
(b) statutory authority of the board;
(c) statement of the public hearing agenda; and
(d) recognition of the petitioner.
(3) Petitioner comment period. The petitioner or by representative may present evidence to the
advisory board . The advisory board shall only consider findings of fact or scientific conclusions of medical evidence presented
by the petitioner or by representative to the advisory board prior to or contemporaneously with the public hearing.
(4) Public comment period: The advisory board may provide for a public comment period. Public
comment may be by written comment, verbal or both.
(a) Written comment: Any individual or association of individuals may submit written
comment to the advisory board either in opposition or support of the inclusion of a medical conditions, medical treatments or
diseases to the existing list of debilitating medical conditions contained under the act. All written comment shall adhere to the
requirements of Subsection F of this section.
(b) Public comment: Any member of the general public may testify at the public hearing.
No pri or nod tication is requir ed to present general non-technical talements in support of or in pposition to the petition. Any
such mem er may also offer exhibits in connection with hi testimony, so long as lbe exhibit is n n-technical in natw·c and not
unduly repetitious of the testimony.
I. Recording the hearing: Un1e s the advisory board orders otherwise , the hear ing will be audio rec orded.
Any person, other than the advisory board, desiring a copy of the audio tapes must arr ange copying with the medical cannabis
program r de ig11 ee at their own expense.
[7.34.2.l ONMA - Rp, 7.34.2. 10 NMAC, 2/27/2015]
7.34.2.11 ADVISORY BOARD RECOMMENDATION TO THE DEPARTMENT:

A. Advisory board recommendation: Upon final determination the advisory board shall provide to the
secretary a written report of finding, which recommends either the approv al or denial of th' petitioner 's request. The written
report of finding · shall include a medical justification for the recommcndalion based upon the individual or collective expertise
of the advi. ory board membership. The med ical j ustification shall delineate between the findings of fact made by the advisory
board and scientific conclusions of credible medical evidence.
B. Department final detennination : The department shall notify the petitioner within 10 days of the
secretary's determination. A denial by the secretary regarding the inclusion of a medical conditions, medical treatments or
diseases to the existing list of debilitating medical conditions contained under the act shall not represent a permanent denial by
the department. Any individual or association of individuals may upon good cause re-petition the advisory board. All requests
shall present new supporting findings of fact, or scientific conclusions of credibl e medical evid ence n t prev iously examined
by the advisory board.
[7 .34.2.11 NMAC - Rp, 7 .34.2.11 NMAC, 2/27/2015]
7.34.2.12 SEVERABILITY: If any part or application of these rules is held to be invalid, the remainder or its
applicati on to other situations or persons shall not be affected. Failure to promulgate rules or implement any provision of these
rules shall not interfere with the remaining protections provided by these rules and the act.
[7.34 .2.12 NMAC- Rp, 7.34.2.12 NMAC, 2/27/2015]
HISTORY OF 7.34.2 NMAC:

Pre NMAC History: none.
History of Repealed Material:

7.34.2 NMAC, Advisory Board Responsibilities and Duties (filed 03/19/2008) repealed 12/30/2010.
7 .34.2 NMAC, Advisory Board Responsibilities and Duties (filed 12/16/2010) repealed 02/27/2015.
NMAC History:
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7.34.2NMAC http:/1164.64.110.239/nmac/parts/title07 /07 .034.0002.htm
7.34.2 NMAC, Advisory Board Responsibilities and Duties (filed 03/19/2008) was replaced by 7.34.2 NMAC, Advisory
Board Resp nsibiliti es and Duties, effec tjve 12/30/20 10.
7.34 .2 NMAC, Advisory Board Resp nsibilities and Duties (filed 12/16/2010) was replaced by 7.34 .2 NMAC, Advisory
'•i Board Responsibilities and Duties, effective 02/27/2015.
7 of7 4/14/2015 8: 19 AM
Exhibit 4
Website: www.nmhealth.org/go/mcp Telephone Number: 505-827-2321
There is no charge to apply for a patient ID card.

An application that is not complete or hard to read may delay your card. Send only ORIGINAL
pages of the application. The program cannot accept photocopies, faxes or electronic copies. Send
everything that is needed together in one packet.
Please keep a copy of everything you send in, including a copy of your New Mexico ID.
Please send renewal applications at least 30 days before your card expires. Renewal applications can
be sent up to 90 days before your card expires. Your card will expire every three years.
Every year you will need to send an Annual Certification Form completed by you and your medical
provider to remain enrolled in the Medical Cannabis Program. Send this form by the date printed on
your card.
Checklist and Instructions for Patient Applications

This application is for new applicants and current/renewing patients.
You can use the checklist to be sure you have everything for your application.
Completed “Patient Information Form” (Page 1): Filled out by you (the patient).
 Make sure your form is complete and all the information is correct.
 Your mailing address is where you want your card sent.
Completed “Medical Certification Form” (Page 2): Filled out by your medical provider.
Clear copy of your current New Mexico Driver’s License or New Mexico photo ID.
 Temporary New Mexico Driver’s License and photo IDs are acceptable.
Copy of clinic notes: Ask your Medical Provider for a copy of these.
Sign and date the form. This must be an ORIGINAL signature, not a photocopy.
 If the patient is 18 years old or older and the form is signed by someone else, please
send legal paperwork that shows this signature is allowed by law (usually Medical
Power of Attorney or Guardianship). If the patient is too ill to sign, the patient and
the person signing this form should consider completing a “Caregiver Application”,
so that they may assist the patient with their medical cannabis.
 If the patient is under 18 years old, please include a copy of the patient’s birth
certificate. The person signing the form must be a parent or guardian and must
complete a “Caregiver Application”.
Once complete, please mail or drop off your application to the Medical Cannabis Program:
Mail To: Department of Health Drop Off To: Department of Health
Medical Cannabis Program Medical Cannabis Program
1190 S St. Francis Dr., PO Box 26110 1474 Rodeo Road, Suite 200
Santa Fe, NM 87502-6110 Santa Fe, NM 87505
If you are a patient or caregiver and want to grow your own medical cannabis, complete and send in the
application for a Personal Production License (PPL).
Revised 6-14-2019
Patient Information Form

TO BE COMPLETED BY THE PATIENT
New Patient Renewing Patient (Already in program even if card has expired)
First Name: Last Name:
Middle Name: Suffix (e.g. Sr., Jr.):

Date of Birth (MM/DD/YYYY): Phone Number:
Email Address:
How would you describe yourself?
Man Woman Transgender Transgender Man Transgender Woman Other:
Mailing Address: __________________________________________________________________________________
City: ____________________________________________________________________________________________
Zip Code: ________________________________________________________________________________________
New Mexico County of Residence: ____________________________________________________________________
Questions in this box are optional. Your answers help us better serve people in the program.
If you don’t want to answer something, leave it blank.
Please check the race or ethnicity you call yourself. Check all that apply.
American Indian or Alaska Native Latino or Hispanic American
Tribe: __________________ □ Native Hawaiian or Pacific Islander
□ Asian □ White
□ Black or African American □ Other:
Are you a Veteran? Yes No Language you speak most often:
Applicant Signature: I have included a COPY OF MY NM STATE ID. By signing below, I agree that:
All the information given above is complete and correct.
I will follow the limits and restrictions on my right to have and use medical cannabis that are in the laws of New
Mexico (the Lynn and Erin Compassionate Use Act and the New Mexico Administrative Code 7.34.3). These laws
are on the program’s website at: nmhealth.org/go/mcp.
I allow the New Mexico Department of Health, Medical Cannabis Program to discuss my medical condition,
including treatment records, test results and evaluations specific to enrollment in the Medical Cannabis Program
with the medical provider(s) named in this application.
Applicant Signature* (Please print form - then sign) Date

* If signed by someone other than the applicant, send proper legal documents (see instructions for more information)
Mail to: DOH - Medical Cannabis Program; 1190 S St. Francis Dr.; PO Box 26110; Santa Fe, NM; 87502-6110
NMDOH USE
Date Card Printed: ____________ Reviewed By: _______________ Caregiver App Attached: ☐ YES ☐ NO
PPL App Attached: ☐ YES ☐ NO Check Number: _____________
Disclosure Form on File: ☐ YES ☐ NO Unit Increase Letter Attached: ☐ YES ☐ NO
Page 1 of 2 Please send all pages at the same time Revised 6-14-2019
Medical Certification Form

TO BE COMPLETED BY A MEDICAL PROVIDER
Applicant Full Name: Date of Birth (MM/DD/YYYY):
Location of Exam: Patient in your care for how long:
Alzheimer's Disease Glaucoma Obstructive Sleep Apnea

Amyotrophic Lateral Sclerosis (ALS) Hepatitis C Infection Opioid Use Disorder
Autism Spectrum Disorder HIV/AIDS Painful Peripheral Neuropathy
Cancer Hospice Care Parkinson's Disease
Crohn's Disease Huntington's Disease Post-Traumatic Stress Disorder
Damage to the Nervous Tissue of Inclusion Body Myositis Severe Anorexia/Cachexia
the Spinal Cord (with objective Inflammatory Autoimmune- Severe Chronic Pain
neurological indication of intractable mediated Arthritis Spasmodic Torticollis (Cervical
spasticity) Intractable Nausea/Vomiting Dystonia)
Epilepsy/Seizure Disorder Lewy Body Disease Spinal Muscular Atrophy
Friedreich's Ataxia Multiple Sclerosis Ulcerative Colitis
Provider Name: Clinical Licensure (MD, DO, NP, PA, etc.):

Board Certified Specialty: NM Medical License #: _
DEA License #: NM Controlled Substance License #:
Mailing Address: City: _____ State: NM Zip:
Provider Telephone Number: Fax Number:

If this certification was provided via telemedicine, per statute you must first see the patient in-person.
Provide the date of your last in-person visit here: ______________________________________________________
Based on your examination of the patient, by signing below you are certifying everything below:
• The patient’s condition is chronic and debilitating.
• You have discussed the potential risks and benefits with the patient. You find that the potential health benefits of
the medical use of cannabis likely outweigh the health risks for the patient.
• You understand the Medical Cannabis Program needs clinical records annually for verification purposes.
• You are licensed in New Mexico to prescribe and administer drugs that are subject to the Controlled Substances
Act and your primary practice is in New Mexico.
Medical Provider Signature: Date:
(Please print form - then sign) (Must be dated within 90 days of receipt by program)
NMDOH USE
Program Staff Signature: Date:
□ Approved ☐ Denied ☐ Additional notes in BioTrack
Page 2 of 2 Please send all pages at the same time Revised 6-14-2019
Instructions for Providers

Practitioners must have a physician-patient relationship with the qualified patient. You must
conduct an in-person evaluation of the qualified patient prior to issuing a certification.
Certifications via telemedicine will be accepted ONLY after a patient has been seen in-person.
PLEASE PRINT CLEARLY OR TYPE THE APPLICATION – The form can be completed using
a computer, and then printed and signed, or it can be handwritten.
Page 1 - Completed by the patient including their name, demographics, current address, current
telephone number, and original signature (photocopies not accepted).
Page 2 - Filled out by a medical provider (e.g. Doctor, Nurse Practitioner, prescribing Psychologist,
Dentist, etc. who is allowed by law to prescribe controlled substances in the state of New
Mexico). Please Note: Resident Physicians and Fellows do not have the credentials
necessary to meet regulatory requirements. Please have attending physicians complete the
certification.
o Ensure the following information is present:
• Patient’s legal name and date of birth (matching the patient’s state ID);
• Address where the exam took place and how long this patient has been in your care;
• Reason for provider’s certification (i.e., approved condition/diagnosis):
 Check all conditions that apply to the patient and circle the primary certifying
condition.
• Provider’s information:
 Name, clinical license held, and board specialty.
 NM Medical License number.
 Federal DEA License number.
 NM Controlled Substance License number.
 Office address, mailing address, phone number, and fax number.
• Original provider signature and date (photocopies not accepted).
o Medical notes must be attached to confirm the qualifying condition(s) for the patient’s
application. Ensure these materials are submitted with the application.
All original pages of the application, a photocopy of the patient’s current New Mexico State ID (i.e.,
driver’s license or state issued ID card) and supporting documents should be sent together. This may
be done by the patient or the practitioner.
A practitioner shall not be subject to arrest or prosecution, penalized in any manner or denied any
right or privilege for recommending the medical use of cannabis or providing written certification for
the medical use of cannabis as per NM statue.
Revised 6-14-2019
JOHN R. KROGER MARY H. WILLIAMS
Attorney General Deputy Attorney General
DEPARTMENT OF JUSTICE
GENERAL COUNSEL DIVISION
June 14, 2010
Grant Higginson, M.D., Administrator

DHS/Public Health Division
Office of Community Health & Health Planning
800 NE Oregon St., Ste. 930
Portland, OR 97323
Re: Opinion Request OP-2010-2
Dear Doctor Higginson:
You asked two questions concerning Oregon’s Medical Marijuana Act, which were
prompted by a recent decision of the Oregon Court of Appeals, State v. Berringer, 234 Or App
665, 229 P3d 615 (2010) (April 14, 2010). Your questions concern whether the Oregon Health
Authority must issue medical marijuana registry identification cards to non-Oregon residents.
FIRST QUESTION PRESENTED
Does the Oregon Medical Marijuana Act limit the issuance of registry identification cards
to Oregon residents?
SHORT ANSWER
No. Residency is not a requirement for obtaining a registry identification card under the
Oregon Medical Marijuana Act.
SECOND QUESTION PRESENTED
Could the Oregon legislature limit eligibility for Oregon registry identification cards to
Oregon residents without violating the right to travel guaranteed by the United States
Constitution?
SHORT ANSWER
Yes.
Exhibit 5
1162 Court Street NE, Salem, OR 97301-4096

Telephone: (503) 947-4540 Fax: (503) 378-3784 TTY: (800) 735-2900 www.doj.state.or.us
Grant Higginson, Administrator
June 14, 2010
Page 2
DISCUSSION
1. Background
The Oregon Medical Marijuana Act (OMMA), ORS 475.300 to 475.346, allows a person
who possesses a registry identification card to engage (as delimited by the Act) in the medical
use of marijuana without being subjected to state criminal or civil penalties. ORS 475.306(1);
ORS 475.300(2). ORS 475.309 establishes the requirements that an applicant must fulfill to
receive a card. The Oregon Health Authority (OHA) is responsible for establishing and
maintaining a program to issue cards “to persons who meet the requirements of [ORS 475.309].”
ORS 475.309(2).
The Oregon Court of Appeals recently discussed those requirements in State v. Berringer.
Some people have informed the OHA that they interpret that opinion to require the OHA to issue
Oregon registry identification cards to non-residents. In light of that contention, you ask whether
non-residents are eligible to receive Oregon cards under OMMA, and whether it would violate
the United States Constitution to deny cards to non-residents.
2. State v. Berringer
In State v. Berringer, the defendant, a California resident, was arrested in Oregon and
convicted under Oregon law for unlawful possession of marijuana. The defendant had a written
statement by a California licensed physician recommending defendant’s medical use of
marijuana. Under California law, that document, if authentic, would allow the defendant to
possess marijuana. 23 Or App at 668. Defendant appealed his Oregon conviction, raising two
federal constitutional challenges, only one of which is relevant.
Defendant argued that in enforcing Oregon’s criminal law against him for possessing
marijuana, the state violated his federal constitutional right to travel from state to state, because
Oregon “provides its own residents with an immunity from some possession of marijuana
prosecutions, while withholding that immunity from nonresidents.” Id.at 671. The court
observed that, although the right to travel is well established, its source in the United States
Constitution has never been definitively identified. Id. at 672. Several United States Supreme
Court cases have located the right in the Privileges and Immunities Clause of Article IV, section
2, guaranteeing the right to enjoy the “Privileges and Immunities of Citizens in the several
states.” Id. at 672. But another Supreme Court case relied on the Equal Protection Clause, and
still another case concluded that there was no need to identify the particular constitutional
provision for the right to travel interstate. Id.
While the source of the right is not completely clear, the court noted that it is clear that
access to medical treatment is among the interstate traveler’s protected rights based on two cases.
In the first case, the United States Supreme Court invalidated a state law that imposed a one-year
durational residence requirement to obtain access to publicly funded non-emergency
hospitalization and medical care. Memorial Hospital v. Maricopa County, 415 US 250, 94 S Ct
1076, 39 L Ed2d 306 (1974). In the second case, the Court invalidated a state law that imposed a
June 14, 2010
Page 3
residence requirement to obtain an abortion. Doe v. Bolton, 410 US 179, 200, 93 S Ct 739, 35 L
Ed2d 201 (1973).
The Oregon Court of Appeals distinguished the OMMA from both of those laws,
interpreting it to impose the same requirements on residents and non-residents. The court
reached that conclusion despite “findings” in ORS 475.300 that the Act is intended to allow
“Oregonians” to make medical use of marijuana without fear of penalty:
It is true that the “findings” section of the OMMA refers to “Oregonians” with
debilitating medical conditions and states that they “should be allowed to use
small amounts of marijuana without fear of civil or criminal penalties,” ORS
475.300(2), and “discuss freely with their doctors the possible risks and benefits
of medical marijuana,” ORS 475.300(3). Those provisions are merely hortatory.
The operational provisions of the OMMA and its implementing regulations apply
with equal rigor to residents and nonresidents. Residents and nonresidents alike
must either possess or have applied for an OMMA registration card. ORS
475.309(1) (a). Both must have documentation from the attending physician,
attesting that the person has “a debilitating medical condition and that the medical
use of marijuana may mitigate the symptoms or effects” of the condition. ORS
475.309(2). Both must pay the same registration fee. Id.
234 Or App at 673.
But the court acknowledged that OMMA makes it more difficult for nonresidents to
obtain a registry card because an applicant must submit documentation from a physician licensed
under Oregon laws. Id. The court pointed out that the difficulty that this placed on non-residents
was somewhat mitigated by the fact that Oregon physician licensing laws contain reciprocity
provisions allowing nonresident physicians to obtain Oregon licenses and that under OHA rules,
a nonresident need not have a long-term relationship with an Oregon physician. Id. In any
event, the court concluded that “we have found no authority for the proposition that the difficulty
a nonresident might encounter in finding an Oregon attending physician could be considered an
impediment of constitutional magnitude.” Id.
The court then examined OAR 333-008-0020(1), which sets out the forms of
identification that the OHA will accept from an applicant:
In order for an application to be considered complete, an applicant must submit

the following:
***
(b) Copies of legible photographic identification * * *. The following are

acceptable forms of identification:
(A) Oregon Driver's License;

June 14, 2010
Page 4
(B) Oregon Identification Card with photo;
(C) Voter Registration Card with photo[.]
The court stated that:
[I]f the list of documents in OAR 333-008-0020(1)(b) is exhaustive-that is, if the

documents in (A), (B), and (C) are the only acceptable photographic identification
documents-then it is easier for an Oregon resident to submit a complete
application than for a nonresident, because the resident has three options while the
nonresident has only one, and even then, only if he or she lives in a state that has a
voter registration card with photo. However, nothing in the text of OAR 333-008-
0020(1)(b) establishes that the list is exhaustive. The language is ambiguous, and,
in order to avoid even the possibility of constitutional infirmity, State v.
Rodriguez, 217 Or. App. 24, 34, 175 P3d 471 (2007), we interpret the list as
nonexhaustive, that is, as a list of documents that are conclusively acceptable but
not as a complete list of all photo identification cards that can be acceptable.
234 Or App at 674.
Last, the court stated that:
[E]ven if Oregon law made access to medical marijuana more difficult for
nonresidents, that would not violate defendant's right to travel. As the Supreme
Court has explained:
Some distinctions between residents and nonresidents merely

reflect the fact that this is a Nation composed of individual States,
and are permitted; other distinctions are prohibited because they
hinder the formation, the purpose, or the development of a single
Union of those States. Only with respect to those ‘privileges’ and
‘immunities’ bearing upon the vitality of the Nation as a single
entity must the State treat all citizens, resident and nonresident,
equally.. Baldwin, 436 U.S. at 383, 98 S.Ct. 1852.
Although access to publicly funded medical care, Memorial Hospital, and

abortion services, Doe, have been held to fall into the latter category, we conclude
that access to a particular form of treatment-in this case, access to a particular
drug-is not a privilege “bearing upon the vitality of the Nation as a single entity.”
Id. at 674-75. Accordingly, the court rejected the defendant’s constitutional claim.
3. ORS 475.309
You ask whether ORS 475.309 denies nonresidents eligibility for Oregon registry
identification cards. As discussed, the court in Berringer interpreted ORS 475.309 to allow
June 14, 2010
Page 5
nonresidents to obtain registry identification cards. Although that part of the opinion may have
been dicta, (the court ultimately concluding that access to a particular drug was not a privilege
protected by the Constitution), we agree with the interpretation. See Stephens v. Bohlman, 314
Or 344, 350, 838 P2d 600 (1992) (when the Oregon Supreme Court has construed the text of a
statute, that construction is considered part of the text of the statute itself); SAIF Corp. v. Allen,
320 Or 192, 204, 881 P2d 773 (1994) (prior Supreme Court interpretation that appears in dictum
does not have the same effect); Younger v. City of Portland, 305 Or 346, 350 n 5, 752 P2d 262
(1988) (Court of Appeals interpretations do not have the same effect as Supreme Court
interpretations).
In construing statutes, we first examine the text in context. PGE v. Bureau of Labor and
Industries, 317 Or 606, 610-611, 859 P2d 1143 (1993). In doing so, we apply statutory and
judicial rules for reading text and context, such as not to omit what has been inserted or to insert
what has been omitted. Id., ORS 174.010. Statutory context includes other provisions of the
same statute and related statutes. PGE, 317 Or at 610. Courts also examine the legislative
history if it is useful to the analysis. State v. Gaines, 346 Or 160, 171-172, 206 P3d 1042 (2009).
If a statute remains ambiguous after examining the text, context, and legislative history, courts
will resort to relevant canons of construction, such as to assume that the legislature would have
intended the construction that would avoid potential constitutional problems. See, e.g., State v.
Stoneman, 323 Or 536, 540 n 5, 920 P2d 535 (1996).
ORS 475.309 provides, in pertinent part:
(2) The Oregon Health Authority shall establish and maintain a program for the
issuance of registry identification cards to persons who meet the requirements of
this section. Except as provided in subsection (3) of this section, the authority
shall issue a registry identification card to any person who pays a fee in the
amount established by the authority and provides the following:
(a) Valid, written documentation from the person’s attending physician stating
that the person has been diagnosed with a debilitating medical condition and that
the medical use of marijuana may mitigate the symptoms or effects of the
person’s debilitating medical condition;[1/]
(b) The name, address and date of birth of the person;
(c) The name, address and telephone number of the person’s attending physician;
(d) The name and address of the person’s designated primary caregiver, if the
person has designated a primary caregiver at the time of application; and
(e) A written statement that indicates whether the marijuana used by the
cardholder will be produced at a location where the cardholder or designated
primary caregiver is present or at another location.
***
June 14, 2010
Page 6
(5)(b) In addition to the authority granted to the authority under ORS 475.316
to deny an application, [ORS 475.316 grants OHA the discretion to deny an
application for up to six months if it finds that the applicant has “willfully violated
the provisions of ORS 475.300 to 475.346, or rules adopted under ORS 475.300
to 475.346”] the authority may deny an application for the following reasons:
(A) The applicant did not provide the information required pursuant to this section
to establish the applicant’s debilitating medical condition and to document the
applicant’s consultation with an attending physician regarding the medical use of
marijuana in connection with such condition, as provided in subsection (2) and (3)
of this section;
(B) The authority determines that the information provided was falsified; or
(C) The applicant has been prohibited by a court order from obtaining a registry
identification card.
* * *.
(6)(a) If the authority has verified the information submitted pursuant to

subsections (2) and (3) of this section and none of the reasons for denial listed
in subsection (5)(b) of this section is applicable, the authority shall issue a
serially numbered registry identification card within five days of verification of
the information.
Emphasis added.
In sum, ORS 475.309 requires the OHA to issue cards to “persons” who meet its
requirements. Those requirements are paying a fee and providing the listed documents and
information. None of those documents or required information includes proof of residency. Nor
do any definitional terms contain a residency requirement. Cf RCW 69.51A.010(3) (defining a
“qualifying patient” for purposes of Washington’s medical marijuana law as, among other things,
“a resident of the state of Washington at the time of such diagnosis”).
In addition, ORS 475.309 and 475.316 specify the grounds on which the OHA may deny
an application. Lack of Oregon residency is not one of those grounds. Based on the plain text of
ORS 475.309 and 475.316, Oregon residency is not a requirement to obtain an Oregon registry
identification card and lack of residency is not a ground for denial.
But text must be read in context. Statutory statements of general policy can provide
context for particular substantive provisions. See, e.g., Havi Group, L P v. Fyock, 204 Or App
558, 131 P3d 793 (2006). As the court discussed in Berringer, ORS 475.300 states that “ORS
475.300 to 475.346 are intended to allow Oregonians” to discuss medical marijuana use with
their doctors and that “Oregonians” should be allowed to use medical marijuana without fear of
June 14, 2010
Page 7
penalty. The Court of Appeals declared those provisions to be merely “hortatory” and to have no
substantive effect.
We agree. Although general policy statements can be useful context, they should not be
relied on as authority to insert a requirement that specific and unambiguous substantive
provisions do not contain. See Astleford v. SAIF Corp, 319 Or 225, 234, 874 P2d 1329 (1994)
(general hortatory policy statements did not overcome the statutory definition of “party” or say
anything about statutory rights); Pharma v. Oregon Depart of Human Services ex rel Office of
Medical Assistance Programs, 199 Or App 199, 208, 110 P3d 657 (2005) (statement of policy by
its terms “imposes no requirement that the agency do anything.”); Northwest Natural Gas Co. v.
PUC, 195 Or App 547, 556, 99 P3d 292 (2004) (statutory statements of policy may serve as
useful context for a statute, but courts should be cautious about reading more into them); School
Dist. No. 1 v. Teachers' Retirement, 30 Or App 747, 752, 567 P2d 1080 (1977), rev. den., 281 Or
1 (1978) (“hortatory” phrasing of statutory purpose “does not appear to mandate anything that is
justiciable”); see also ORS 174.010 (office of judge is not to insert what has been omitted); ORS
174.020 (a particular intent controls over a general intent).
Finally, the legislative history does not support interpreting the OMMA to limit card
eligibility solely to Oregon residents. The OMMA was enacted by the people through the
initiative process. Or Laws 1999, ch 4. Relevant history of an initiative petition includes the
ballot title and explanatory statement in the voters’ pamphlet. See Shilo Inn v. Multnomah
County, 333 Or 101, 129-30, 36 P3d 954 (2001), modified on recons. 334 Or 11, 45 P3d 107
(2002). Neither the ballot title nor the explanatory statement in the voters’ pamphlet declare or
imply that card eligibility is limited to Oregon residents. The ballot title makes no mention of
“Oregonians,” but simply refers to “the medical use of marijuana” generally and the explanatory
statement refers to eligible “persons,” not to eligible “Oregonians.” Official Voters’ Pamphlet,
General Election, Volume 1, Measures, November 3, 1998 at 148, 151.
4. U.S. Constitution
You next ask, in light of Berringer, whether the Oregon legislature could limit the
eligibility to receive an Oregon registry card to Oregon residents without violating the right to
travel guaranteed by the United States Constitution. The court in Berringer did not address that
question directly, because the defendant had not applied for or been denied an Oregon registry
card on the basis that he was not an Oregon resident. The court did address the question
indirectly when responding to defendant’s claim that Oregon provided immunity for medical
marijuana use to its own residents, but not to the residents of other states. The court concluded
that nonresidents would be eligible for Oregon cards under OMMA, but it did not hold that the
U.S. Constitution required that result. Instead, it merely construed the language of the statutes
and regulations as allowing nonresidents to obtain cards.
It is true that, in interpreting OHA’s rule concerning acceptable identification, the court
applied the “avoidance canon” – a rule of statutory construction under which courts faced with
an ambiguous statute (or in this case, regulation) will assume an intent to comply with
constitutional mandates. The court applied that rule to avoid “even the possibility of
constitutional infirmity[.]” Berringer, 234 Or App at 674. But the avoidance canon is a rule of
June 14, 2010
Page 8
statutory construction and nothing more. Its application cannot be construed as a holding that a
contrary interpretation would violate the federal constitution.
And, in the end, the court concluded that “access to a particular drug is not a privilege
‘bearing upon the vitality of the Nation as a single entity.’” Id. In other words, access to a
particular drug is not a privilege that is protected by the federal constitutional right to travel. If
there is no federal constitutional right to access to a particular drug, nonresidents have no federal
constitutional right to an Oregon registry identification card. Thus, Berringer supports the
conclusion that limiting eligibility for Oregon cards to Oregon residents would not violate the
right to travel.
Another compelling ground supports that conclusion. The federal Controlled Substances
Act prohibits possessing, manufacturing, dispensing, and distributing marijuana. 21 USC §§
841(10), 844. Those prohibitions apply even when a person possesses, manufactures, dispenses,
or distributes marijuana for a medical use. United States v. Oakland Cannabis Buyers
Cooperative, 532 US 483, 494 and n 7, 121 S Ct 1711, 149 L Ed2d 722 (2001) (declining to find
a medical necessity defense to prohibition on distributing marijuana; holding applies equally to
other prohibited acts); see also Gonzales v. Raich, 545 US 1, 14, 125 S Ct 2195, 162 L Ed2d 1
(2005) (possession of marijuana is a proper subject of federal regulation because marijuana has a
“high potential for abuse, lack of any accepted medical use, and absence of any accepted safety
for use in medically supervised treatment”). Given that possession of medical marijuana violates
federal law and that the United States Supreme Court has upheld that law, access to medical
marijuana is not a right protected by the United States Constitution. We conclude that the federal
constitutional right to travel would not be violated by denying nonresidents eligibility for Oregon
registry identification cards.
CONCLUSION
We conclude that: (1) The OMMA contains no Oregon residency requirement for
obtaining an Oregon registry identification card; and, (2) the Oregon legislature could limit
eligibility for Oregon registry identification cards to Oregon residents without violating the
federal constitutional right to travel.
Sincerely,
David E. Leith
Associate Attorney General and
Chief General Counsel
General Counsel Division
DEL:mcg/2074600
ORS 475.302(1) defines “attending physician” to mean “a physician licensed under ORS
1/
chapter 677 who has primary responsibility for the care and treatment of a person diagnosed with a
debilitating medical condition.”
Exhibit 6
Exhibit 7
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Duke Rodriguez Petition For Writ of Mandamus DOH

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Duke Rodriguez Petition For Writ of Mandamus DOH

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D-101-CV-2019-01967

HAROLD MEYERS, LAURA SIAS, and

KENNY VIGIL, in his official capacity as Medical

VERIFIED PETITION FOR ALTERNATIVE WRIT OF MANDAMUS

has failed to perform a ministerial non-discretionary duty.

A proposed form of Writ of Mandamus accompanies this petition as Exhibit 1, is

Jurisdiction and Venue

apnea, a debilitating medical condition.

disorder, a debilitating medical condition.

3. Duke Rodriguez is a resident of Scottsdale, Arizona, who suffers from post-

traumatic stress disorder, a debilitating medical condition.

has its offices located in Santa Fe, New Mexico.

5. Jurisdiction in Santa Fe County is proper pursuant to N.M.S.A. 1978 § 38-3-1(G).

Background of Medical Cannabis in New Mexico

amendments is attached as Exhibit 2A.

(2019) and § 26-2B-3 (2019).

exempted from penalties for activities involving cannabis.

15. Particularly, N.M.S.A. 1978 § 26-2B-4(A) (2019) states, “A qualified patient or a

exceed an adequate supply.”

16. Additionally, N.M.S.A. 1978 § 26-2B-4(F) (2019) states that a medical

manner, for the production, possession, manufacture, distribution, dispensing or testing of

cannabis pursuant to the Lynn and Erin Compassionate Use Act.”

18. In order for an individual to be allowed to purchase, possess, and consume

19. An individual may “qualify” as a qualified patient if he or she “has been

certification and a registry identification card.” N.M.S.A. 1978 §26-2B-3(V).

N.M.S.A. 1978 §26-2B-3(BB) (2019).

Act.” N.M.S.A. 1978 §26-2B-3(S) (2019).

specific medical conditions are listed at N.M.S.A. 1978, § 26-2B-3(J).

intra-state without penalty. N.M.S.A. 1978 §26-2B-3(X).

registry identification card to an individual. N.M.S.A. 1978 §26-2B-7(B) states, “The

birth of the patient's primary caregiver, if any” (emphasis added).

into effect, attached here as Exhibit 2 and Exhibit 2A.

1978 §26-2B-3(V). Id.

an applicant for a registry identification card be a “resident of New Mexico.”

meet all other conditions of the definition of “qualified patient.”

Issuance of Registry Identification Cards Is Ministerial and Non-Discretionary

possession, and purchase of medical cannabis is a non-discretionary function.

possession, and purchase of medical cannabis is a purely ministerial function.

207, 247 P.3d 286.

in a prescribed manner, in obedience to a mandate of legal authority, without regard to the

caregiver, if any.” (emphasis added).

the information contained in an application submitted pursuant to Subsection B of this section

pursuant to Subsection B of this section or if the department determines that the

information provided is false” (emphasis added).

expressions in statute are to be interpreted. N.M.S.A. 1978 § 12-2A-4(A).

duty, obligation, requirement or condition precedent.”

indisputable, and obligatory.

which DOH must issue the registry identification card.

required for submission by a prospective patient.

person to whom the application should be addressed.

applications for registry identification cards.

the information provided is false.”

involved issuance of registry identification cards as well.

“The Department may require a practitioner to submit a ‘written certification’ in support of a

statute for registry identification card issuance.

License or New Mexico photo ID.”

itself, a violation of law even as to New Mexico residents.

issue registry identification cards without submission of driver’s licenses.

state’s medical cannabis program.

meets the requirements for obtaining a card.

intended.’” Id., quoting Flores v. Herrera, 2016-NMSC-033, ¶ 8, 384 P.3d 1070.

qualified patient need not be a New Mexico resident.

card...” (emphasis added). N.M.S.A. 1978 §26-2B-3(V).