N.M. Stat. » N.M. Stat. / Chapter 26 / Article 2B
New Mexico Statutes

N.M. Stat. § 26-2B-1 (2026)

Short title.

✓ current as of May 2026
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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".
Notes of Decisions
Cited in 19 cases (7 in the last 5 years), 2014–2024 · leading case: Maez v. Riley Indus., 2015 NMCA 049 (N.M. Ct. App. 2015).
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Maez v. Riley Indus., 2015 NMCA 049 (N.M. Ct. App. 2015). · cites it 2× “3d 924 (2014), this Court held that the Workers’ Compensation Act, NMSA 1978, §§ 52-1-1 to -70 (1929, as amended through 2013), authorizes reimbursement for medical marijuana used pursuant to the Lynn and Erin Compassionate Use Act (Compassionate Use Act), NMSA 1978, §§ 26-2B-1…”
Garcia v. Tractor Supply Co., 154 F. Supp. 3d 1225 (D.N.M. 2016). “§ 26-2B-1 (2007). . The New Mexico Department of Health determined that Mr.”
Vialpando v. Ben's Auto. Servs., 2014 NMCA 84 (N.M. Ct. App. 2014). · cites it 2× “{1} We consider in this appeal whether, under the Workers’ Compensation Act (the Act), NMSA 1978, §§ 52-1-1 to -70 (1929, as amended through 2013), an employer and insurer must reimburse an injured worker for medical marijuana used pursuant to the Lynn and Erin Compassionate Use…”
Sacred Garden, Inc. v. N.M. Tax'n & Revenue Dep't, 2021 NMCA 038 (N.M. Ct. App. 2020). · cites it 2× “2 (2007), to medical marijuana dispensed, pursuant to the Lynn and Erin Compassionate Use Act, NMSA 1978, §§ 26-2B-1 to -7 (2007, as amended through 2019) (Compassionate Use Act).”
Lewis v. Am. Gen. Media, 2015 NMCA 090 (N.M. Ct. App. 2015). · cites it 2× “3 {1} We are again called upon to address the application of the Workers’ 4 Compensation Act, NMSA 1978, §§ 52-1-1 to -70 (1929, as amended through 2013), 5 to a worker certified to receive treatment with medical marijuana under the Lynn and 6 Erin Compassionate Use Act…”
Vialpando v. Ben's Auto. Servs., 2014 NMCA 084 (N.M. Ct. App. 2014). · cites it 2× “{1} We consider in this appeal whether, under the Workers’ Compensation Act (the Act), NMSA 1978, §§ 52-1-1 to -70 (1929, as amended through 2013), an employer and insurer must reimburse an injured worker for medical marijuana used pursuant to the Lynn and Erin Compassionate Use…”
Lewis v. Am. Gen. Media, 2015 NMCA 90 (N.M. Ct. App. 2015). · cites it 2× “{1} We are again called upon to address the application of the Workers’ Compensation Act, NMSA 1978, §§ 52-1-1 to -70 (1929, as amended through 2013), to a worker certified to receive treatment with medical marijuana under the Lynn and Erin Compassionate Use Act (Compassionate…”
Nidiffer v. Lovato (D.N.M. 2023). · cites it 2× “The Lynn and Erin Compassionate Use Act, NM Stat. Ann. § 26-2B-1 et seq. is the New Mexico law authorizing the use of medical marijuana by people with debilitating medical conditions.”
Stanley v. Cnty. of Bernalillo (N.M. Ct. App. 2019). · cites it 2× “The amended complaint alleged a violation of the New Mexico Human Rights Act (NMHRA), NMSA 1978, §§ 28-1-1 to -14 (1969, as amended through 2019), following termination of Plaintiff’s employment due to the use of medical cannabis as authorized by the Lynn and Erin Compassionate…”
NM Top Organics-Ultra Health, Inc. v. Gallagher (N.M. Ct. App. 2021). · cites it 2× “BACKGROUND {2} Ultra Health is a licensed non-profit producer (LNPP) of medical cannabis under the Lynn and Erin Compassionate Use Act (the Act), NMSA 1978, §§ 26-2B-1 to -7 (2007, as amended through 2019).”
State v. Marshall (N.M. Ct. App. 2021). · cites it 2× “, Lynn and Erin Compassionate Use Act (Compassionate Use Act), NMSA 1978, §§ 26-2B-1 to -10 (2007, as amended through 2021) (allowing the beneficial use of medical cannabis in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical…”
Sacred Garden, Inc. v. NM DOH (N.M. Ct. App. 2022). · cites it 2× “8(A)(2) NMAC—which, in pertinent part, limited the number of medical cannabis plants that licensed producers of medical cannabis were allowed to possess—violated the Lynn and Erin Compassionate Use Act, NMSA 1978, §§ 26-2B-1 to -10 (2007, as amended through 2021).”
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