October 17, 2019

Dept. of Health proposes rules for medical cannabis consumption areas, patient reciprocity

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The New Mexico Department of Health has proposed a list of rule changes for the state’s Medical Cannabis Program, which would add guidelines for designated “consumption areas” and reciprocity for medical cannabis patients enrolled in medical cannabis programs in other states. 

After major changes to the state’s medical cannabis law made during the 2019 legislative session, the law now states that a consumption area is, “an area within a licensed premises approved by the department where cannabis may be consumed that complies with rule as established by the department.” 

The department’s proposed changes would require consumption areas to be “located on the premises of licensed non-profit producers” and medical cannabis patients who use cannabis in said areas to have a designated driver or use “other lawful means of transportation” when leaving. 

If the rule is finalized by the DOH Secretary Kathyleen Kunkel, medical cannabis producers who want to open a consumption area would be required to submit safety and security plans to the department for approval. Only existing producers would be able to apply to open consumption areas.  

The department has also proposed a rule that would outline reciprocity for medical cannabis patients from outside New Mexico. Not to be confused with a change in law that allows non-residents of New Mexico to enroll in the state’s Medical Cannabis Program, reciprocity would allow patients already enrolled in another state’s medical cannabis program to buy and consume cannabis in New Mexico without having to enroll in the program. A reciprocal patient would only need to provide identification and a medical cannabis card from their home state to purchase up to about 8 ounces of dried cannabis flower or corresponding extracts in a rolling three month period, which is consistent with what New Mexico cannabis patients can buy. Dispensaries would be required to enter reciprocal patient information in a DOH-run patient tracking system. 

Other changes include a new fee structure and new testing standards for medical cannabis producers. The proposed rules would also add new standards for labeling cannabis products, quarterly reports and restrict those who have failed to comply with court ordered child support payments. 

The DOH is accepting written public comments until November 22, when the department will hold a public hearing. Secretary Kunkel will then approve or deny the final proposal.