The New Mexico Department of Public Health has made it clear—only New Mexico residents can enroll in the state’s Medical Cannabis Program. “Persons who are not residents of New Mexico cannot be enrolled in the NM Medical Cannabis Program,” the department said in a statement to NM Political Report Friday. The statement came after the CEO of a prominent medical cannabis producer said he believes a change in the law allows for out-of-state patients to enroll in New Mexico’s Medical Cannabis Program. Duke Rodriguez, president and CEO of Ultra Health, previously told NM Political Report he bought radio ads in the southeast part of New Mexico to inform those in west Texas they can now apply to become a medical cannabis patient. Cannabis is illegal in Texas for all uses, including medical.
A recent expansion of qualifying conditions for medical cannabis through rule changes will likely result in a higher number of patients in New Mexico. But a law that goes into effect on Friday could also result in a new pool of patients—non-residents of New Mexico.
Some changes to the law include protections from discrimination for patients, reciprocity with other states’ medical cannabis programs and an extended life span of medical cannabis cards. But perhaps the most significant and, until now, overlooked change to the law is who qualifies for medical cannabis cards. As of Friday, the definition of a “qualified patient” will no longer include the term “resident of New Mexico.” That term was replaced with “person.”
Duke Rodriguez, the president and CEO of medical cannabis producer Ultra Health, noticed the change in language and launched a campaign targeted towards residents of Texas who live close to New Mexico.
As expected, the head of New Mexico’s Department of Health approved opioid use disorder as a qualifying condition to use medical cannabis. In an announcement on Thursday, DOH Secretary Kathyleen Kunkel said she accepted a recommendation from the state’s Medical Cannabis Advisory Board to include opioid use disorder and five other conditions as reasons to grant a medical card for medical cannabis use. “Adding these conditions to the Medical Cannabis Program provides medical providers new tools for relieving symptoms that may otherwise be difficult, if not impossible in some cases, to relieve through conventional means,” Kunkel said in a statement. “Thousands of New Mexicans may find relief from their symptoms through medical cannabis that they can’t get anywhere else.”
Kunkel also approved Alzheimer’s disease, autism spectrum disorder and three degenerative neurological disorders—Friedreich’s ataxia, Lewy body disease, and spinal muscular atrophy. The approval of those six conditions is the latest change in the Medical Cannabis Program since the change in administrations.
The New Mexico Department of Health (DOH) has until August to decide how much medical cannabis producers are allowed to grow at any given time. Until recently, Licensed Non-Profit Producers (LNPP) could have up to 450 plants, but in March the state issued an emergency rule allowing producers to grow five times that amount—or up to 2,500 plants—after a drawn-out lawsuit. Public records obtained by NM Political Report reveal some of the discussions between producers, patients and Gov. Michelle Lujan Grisham’s office during the days leading up to the emergency rule. Many of those conversations were redacted due to executive and attorney-client privilege. But, the documents still shed light on the decision by DOH Secretary Kathyleen Kunkel to temporarily increase the plant counts.
Gov. Lujan Grisham signed into law a medical cannabis expansion about two weeks ago which, among other things, will protect some medical cannabis patients. While it’s still unclear if those protections extend to all incarcerated medical cannabis patients, the governor’s office believes it does not. The new law, which goes into effect on June 14, states that medical cannabis patients who are on probation, parole or are in the custody of state or local law enforcement, pending a trial, will not be denied their medication. Further, the soon-to-be law states that medical cannabis should be viewed no differently than traditional prescription medication. Some say the law would apply to inmates, but the bill’s sponsor and now the governor’s office say it only applies to those awaiting trial or serving out probation or parole.
Just days after Gov. Michelle Lujan Grisham signed broad changes to New Mexico’s medical cannabis into law, there are already questions surrounding whether inmates serving out sentences are allowed to use medical cannabis. Senate Bill 406, which the governor signed last week, included protections against job termination and loss of child custody for merely being a patient in the program. A lot of those protections are already in practice, but not written into law—like whether those on probation or parole can be medical cannabis patients. According to a written Department of Corrections policy, probationers or parolees with a valid medical cannabis card will get a pass of sorts for testing positive for the substance. Now, the law explicitly states that those on probation or parole are allowed to use medical cannabis.
New Mexico is set to see some sweeping changes to its medical cannabis law. Gov. Michelle Lujan Grisham signed Senate Bill 406 into law which is the first major statutorial change to the Lynn and Erin Compassionate Use Act since it was enacted in 2007. The Senate bill made broad changes to the program that range from allowing medical cannabis in schools to allowing licensed manufacturers to process home-grown medical cannabis. While some changes are straightforward, others will require the state Department of Health, which oversees the Medical Cannabis Program, to promulgate new rules. Here’s a breakdown of everything SB 406 does:
Medical cannabis in schools
By June 14, medical cannabis will be allowed on some public school campuses under certain circumstances.
A medical advisory panel on Friday said, for the third time, opioid use disorder should be a qualifying condition for medical cannabis—but this time the cabinet secretary tasked with final approval is expected to agree. The New Mexico Medical Cannabis Advisory Board voted unanimously to add opioid addiction to the list of 22 conditions already allowed. Only four other states allow patients to use cannabis to help alleviate symptoms of opioid use disorder. Dr. Laura Brown, the board’s chair, signaled that the Department of Health is changing course when it comes to medical cannabis under newly appointed Secretary Kathyleen Kunkel. A Medical Cannabis Advisory Board meeting on March 29, 2019.
A series of possible changes to the Medical Cannabis Program could take place in New Mexico, pending a signature from the governor and decisions from the state Department of Health. DOH officials are in a holding pattern of sorts, waiting for Gov. Michelle Lujan Grisham to decide whether or not to sign a key medical cannabis bill and to hear recommendations from the Medical Cannabis Advisory Board regarding what conditions qualify for medical cannabis use. Update: Medical panel approves opioid use disorder for cannabis, DOH expected to approve
Lujan Grisham has until the end of next week to decide on Senate Bill 406, which would clarify the state’s medical cannabis law. But on Friday a medical panel will hear what the public wants when it comes to expanding qualifying conditions. Public Petitions
The Drug Policy Alliance and other groups have long proposed that medical cannabis may help combat Opioid Use Disorder or severe addiction to opioids, which has been a problem in New Mexico for decades.
After Democratic Gov. Michelle Lujan Grisham was elected and New Mexico’s House of Representatives saw a major increase of Democrats last fall, many New Mexicans speculated whether the state would also see cannabis legalization in 2019. The short answer was ultimately, no. But, the legislature enacted some major changes to the existing medical cannabis law and took at least one step towards decreasing jail time for the use or possession of cannabis. Medical cannabis in schools (SB 204)
Senate Bill 204, sponsored by Albuquerque Sens. Candace Gould, a Republican, and Jacob Candelaria, a Democrat, and Rep. Gail Armstrong, R-Magdalena, would allow some students to use medical cannabis while at school.