N.M. Stat. § 26-2B-7 (2026)

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)    determine additional duties and responsibilities of the advisory board; and

       (6)    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.

    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 two 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;

       (3)    to the division; or

       (4)   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 person
licensed pursuant to the Cannabis Regulation Act [Chapter 26, Article 2C NMSA 1978];
and

        (4)   shall register with a person licensed pursuant to the Cannabis Regulation
Act for the purpose of tracking sales to the reciprocal participant in an electronic system
that is accessible to the department.

History: Laws 2007, ch. 210, § 7; 2019, ch. 247, § 7; 2021 (1st S.S.), ch. 4, § 62; 2023,
ch. 108, § 1.

                                     ANNOTATIONS

Cross references. — For the Federal Health Insurance Portability and Accountability
Act of 1996, see 42 U.S.C. § 300gg et seq.

The 2023 amendment, effective June 16, 2023, changed the period of validity for a
medical cannabis patient registry identification card; and in Subsection D, after "shall
expire", changed "three" to "two".

The 2021 (1st S.S.) amendment, effective June 29, 2021, revised rule requirements
and duties of the department of health due to the newly enacted Cannabis Regulation
Act; in Subsection A, deleted former Paragraphs A(5) through A(7) and redesignated
former Paragraphs A(8) and A(9) as Paragraphs A(5) and A(6), respectively; in
Subsection H, added a new Paragraph H(3) and redesignated former Paragraph H(3)
as Paragraph H(4); and in Subsection J, Paragraphs J(3) and J(4), deleted "licensee"
and added "person licensed pursuant to the Cannabis Regulation Act".

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 thirty days before the date the patient's current registry
identification card expires; 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 to the department together with
the qualified patient's application for a registry card 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; 2023, ch. 108, § 2.

                                      ANNOTATIONS

The 2023 amendment, effective June 16, 2023, changed the application period for
renewal of a medical cannabis patient registry identification card; and after "no sooner
than", deleted "two years and eleven months from" and added "thirty days before", after
"current registry identification card", deleted "is issued" and added "expires", after "shall
submit", deleted "annually", and after "to the department", added "together with the
qualified patient's application for a registry card".