LEGAL LIMITS OF MEDICAL MARIJUANABrief Outline of the limitation of the right to possess and use cannabis per the Lynn and Erin Compassionate Use Act, NMSA 1978 s. 26-2B-1 et seq.
You are strongly advised to read the Lynn and Erin Compassionate Use Act; this is merely a summary of the limitations on your right to possess and use cannabis as a NM DOH approved medical cannabis patient.
- You may still be prosecuted federally for possession of cannabis even though you are a
New Mexico medical cannabis patient. However, so long as you do not stray into federally owned
territory, it is unlikely you would be prosecuted.
- You may NOT possess cannabis while outside the State of New Mexico.
- You may NOT operate a motor vehicle, motorcycle, or heavy machinery while impaired by cannabis consumption. New Mexico prosecutes DWI / Drug cases.
- You may be prosecuted for possessing cannabis in federally-owned space. Examples are airports, border checks, post offices, federal parks, military bases, and any other federally owned land.
- You may NOT possess or use cannabis (a) in a school bus or public vehicle; (b) on school grounds or property; ( c) in your employer’s workplace or the workplace of your primary caregiver; or (d) at a public park, recreation center, youth center or other public place.
- You may NOT give, sell or in anyway distribute your cannabis to anyone not approved by the Department of Health under the Lynn and Erin Compassionate Use Act. To do so is a 4th degree felony in the State of New Mexico, punishable by up to 18 months in the Department of Corrections and a $5,000 fine. Doing so in a school zone increases the penalty. A technical reading the New Mexico Controlled Substances Act would indicate that a qualified patient who distributes to another qualified patient could still be prosecuted for distribution of marijuana.
- You must notify the New Mexico Department of Health within ten days of the change in any of the following: your name, address, patient’s practitioner, primary caregiver, or change in the status of the debilitating medical condition.
- Mere bystanders cannot be prosecuted under state law for simply being in the presence of someone
using medical cannabis.