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

N.M. Stat. § 26-2B-2 (2026)

Purpose of act.

✓ current as of May 2026
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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.
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2014–2021 · leading case: Vialpando v. Ben's Auto. Servs., 2014 NMCA 84 (N.M. Ct. App. 2014).
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Vialpando v. Ben's Auto. Servs., 2014 NMCA 84 (N.M. Ct. App. 2014). · cites it 4× “” Section 26-2B-2. The Legislature has provided in the Act that a worker receive through an employer reasonable and necessary health care services, which the regulations define to include “drugs, products or items provided to a worker” in various ways provided that they are…”
Maez v. Riley Indus., 2015 NMCA 049 (N.M. Ct. App. 2015). “See § 26-2B-2 (“The purpose of the [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.”
Sacred Garden, Inc. v. N.M. Tax'n & Revenue Dep't, 2021 NMCA 038 (N.M. Ct. App. 2020). · cites it 2× “” Section 26-2B-2. To paraphrase, the Compassionate Use Act was intended to make medical marijuana accessible to those with debilitating medical conditions who might benefit from the use thereof.”
Lewis v. Am. Gen. Media, 2015 NMCA 090 (N.M. Ct. App. 2015). “1, 27 (2005) (stating that “by characterizing marijuana as a Schedule 17 I drug, Congress expressly found that the drug has no acceptable medical uses”); 18 Sections 26-2B-2 to -7. Third, Joel Gelinas’ note is much too unclear to reach a 19 conclusion that Dr.”
Vialpando v. Ben's Auto. Servs., 2014 NMCA 084 (N.M. Ct. App. 2014). · cites it 4× “” Section 26-2B-2. The Legislature has provided in the Act that a worker receive through an employer reasonable and necessary health care services, which the regulations define to include “drugs, products or items provided to a worker” in various ways provided that they are…”
Lewis v. Am. Gen. Media, 2015 NMCA 90 (N.M. Ct. App. 2015). · cites it 3× “Esparza had adopted any office policy regarding referral of patients to their primary care doctors “for evaluation of a workers’ compensation injury” because of any concern about medical marijuana.”
Vialpando v. Ben's Auto. Servs. (N.M. Ct. App. 2014). · cites it 4× “” Section 26-2B-2. The Legislature has provided in the Act that a worker receive through an employer reasonable and necessary health care services, which the regulations define to include “drugs, products or items provided to a worker” in various ways provided that they are…”
NM Top Organics-Ultra Health, Inc. v. Gallagher (N.M. Ct. App. 2021). · cites it 2× “” Section 26-2B-2. DOH contends that the use of the phrase “in a regulated system” indicates that the Legislature intended to defer to DOH, and its expertise, in implementing the Act.”
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