New Mexico’s Lynn and Erin Compassionate Use Act (the Act) not only provides for the use of medical cannabis by qualifying patients, it sets forth a regulatory scheme for the cultivation, sale, and possession of medical cannabis. It also charges the New Mexico Department of Health to regulate the same. The state also operates the Industrial Hemp Research and Development Program, authorized by the Hemp Manufacturing Act, which was updated in 2019 to bring the hemp industry into compliance with federal law. The Act, which was updated in 2019 and 2020, allows health care practitioners to certify qualifying patients with debilitating medical conditions and designate the qualifying patient’s primary caregiver. It also allows qualifying patients and their primary caregiver to apply for and obtain a registry identification card through DOH and regulates the manufacture and sale of cannabis by restricting such activities to those holding licenses. New Mexico has not yet passed the legislation authorizing recreational cannabis, but the legislature has entertained a bill regarding its legalization.
