SENATE MEMORIAL 38

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Jacob R. Candelaria

A MEMORIAL

REQUESTING THE WORKFORCE SOLUTIONS DEPARTMENT TO STUDY THE DISCRIMINATION THAT MEDICAL CANNABIS PATIENTS ENCOUNTER IN NEW MEXICO AND TO OFFER POLICY RECOMMENDATIONS TO ENSURE THAT THE CIVIL RIGHTS OF MEDICAL CANNABIS PATIENTS ARE PROTECTED.

     WHEREAS, nearly twenty thousand New Mexicans are actively enrolled in the medical cannabis program that the department of health administers; and

     WHEREAS, since 2012, according to the department of health, program enrollment has increased, on average, by more than four hundred new patients each month; and

     WHEREAS, the department of health reports that more than five hundred additional patients renew their enrollment in the medical cannabis program each month; and

     WHEREAS, in states where medical cannabis is distributed, there has been a significant decrease in both prescription painkiller abuse and in deaths from overdoses of prescription medicines; and

     WHEREAS, medical cannabis may be the only medicine that works to improve the quality of life for people living with debilitating conditions; and

     WHEREAS, medical cannabis patients often report encountering discrimination from employers, landlords, medical care providers, schools, courts and others because they use medical cannabis; and

     WHEREAS, medical cannabis laws in Arizona, Connecticut, Maine, Delaware and Rhode Island include provisions that protect patients from discrimination; and

     WHEREAS, the New Mexico court of appeals has recently upheld the rights of medical cannabis patients to be compensated by workers' compensation for the cost of medical cannabis used to control pain from a debilitating medical condition developed on the job; and

     WHEREAS, medical cannabis patients suffering from discrimination are more substantially affected by unemployment and a lack of access to health care services than the general population; and

     WHEREAS, many New Mexicans have selflessly served their country in the military, and many of these veterans have been injured in the course of their service; and

     WHEREAS, a great many New Mexico veterans suffer from posttraumatic stress disorder, chronic pain and cancer, conditions that represent nearly eight percent of the conditions that qualify an individual for use of medical cannabis; and

     WHEREAS, the debilitating medical conditions suffered by medical cannabis patients often cause significant financial and social hardships; and

     WHEREAS, the social stigma and discrimination associated with medical cannabis may prevent other New Mexicans who would benefit from medical cannabis from participating in the department of health's medical cannabis program;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the workforce solutions department be requested to work with the department of health to study the prevalence and severity of discrimination that medical cannabis patients encounter in seeking:

          A. employment;

          B. housing and assisted living facilities, including public housing and substance abuse treatment centers;

          C. parental custody and rights;

          D. health care delivery and coverage;

          E. qualification for organ transplantation; and

          F. education; and

     BE IT FURTHER RESOLVED that pursuant to its study, the workforce solutions department make policy recommendations and identify best practices for reducing barriers and discrimination that medical cannabis patients encounter; and

     BE IT FURTHER RESOLVED that the workforce solutions department make recommendations for empowering medical cannabis patients themselves to identify best practices and policies for employers, health care providers and landlords to protect the rights of medical cannabis patients; and

     BE IT FURTHER RESOLVED that, in its study, the workforce solutions department be requested to consult with representatives from:

          A. the department of health's medical cannabis program;

          B. the New Mexico medical cannabis program medical advisory board;

          C. the New Mexico medical cannabis patient alliance;

          D. the veterans' services department;

          E. the children, youth and families department;

          F. the administrative office of the courts;

          G. the New Mexico alliance of health councils;

          H. the Bernalillo county community health council;

          I. the New Mexico public health association;

          J. the New Mexico association of counties;

          K. the drug policy alliance;

          L. the workers' compensation administration;

          M. the students for sensible drug policy; and

          N. any other entity that the workforce solutions department deems to have relevant expertise relating to the rights of medical cannabis patients; and

     BE IT FURTHER RESOLVED that the study and recommendations be presented to the interim legislative health and human services committee and the interim military and veterans' affairs committee no later than December 2016; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor, the secretary of workforce solutions, the secretary of health, the secretary of economic development, the secretary of veterans' services and the chair and vice chair of the legislative health and human services committee.

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