2021 New Mexico Statutes
Chapter 26 - Drugs and Cosmetics
Article 2B - Lynn and Erin Compassionate Use Act
Section 26-2B-5 - Prohibitions, restrictions and limitations on the medical use of cannabis; criminal penalties.
A. Participation in a medical use of cannabis program by a qualified patient, primary caregiver or reciprocal participant does not relieve the qualified patient, primary caregiver or reciprocal participant from:
(1) criminal prosecution or civil penalties for activities not authorized in the Lynn and Erin Compassionate Use Act;
(2) liability for damages or criminal prosecution arising out of the operation of a vehicle while under the influence of cannabis; or
(3) criminal prosecution or civil penalty for possession or use of cannabis:
(a) in the workplace of the qualified patient's, primary caregiver's or reciprocal participant's employment; or
(b) at a public park, recreation center, youth center or other public place.
B. A person who makes a fraudulent representation to a law enforcement officer about the person's participation in a medical use of cannabis program to avoid arrest or prosecution for a cannabis-related offense is guilty of a petty misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
History: Laws 2007, ch. 210, § 5; 2019, ch. 247, § 5; 2019, ch. 247, § 5; 2019, ch. 261, § 2; 2021 (1st S.S.), ch. 4, § 60.
ANNOTATIONSThe 2021 (1st S.S.) amendment, effective June 29, 2021, made amendments to conform the Lynn and Erin Compassionate Use Act with the newly enacted Cannabis Regulation Act; in Subsection A, added "or reciprocal participant" after each occurrence of "primary caregiver"; and deleted former Subsection C, which related to criminal penalties for selling, distributing, dispensing or transferring cannabis.
2019 Amendments. — Laws 2019, ch. 247, § 5, effective June 14, 2019, removed certain restrictions related to the use or possession of cannabis; in Subsection A, Paragraph A(3), deleted Subparagraphs A(3)(a) and A(3)(b) and redesignated former Subparagraphs A(3)(c) and A(3)(d) as Subparagraphs A(3)(a) and A(3)(b), respectively; and in Subsection C, after "If a", deleted "licensed producer" and added "licensee or the licensee's representative", and after "outside New Mexico", deleted "in violation of federal law, the licensed producer" and added "the licensee or the licensee's representative".
Laws 2019, ch. 261, § 2, effective June 14, 2019, removed certain restrictions related to the use or possession of cannabis; and in Subsection A, Paragraph A(3), deleted Subparagraphs A(3)(a) and A(3)(b) and redesignated former Subparagraphs A(3)(c) and A(3)(d) as Subparagraphs A(3)(a) and A(3)(b), respectively.
