HOUSE BILL 63

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Andrea Reeb

 

 

 

 

 

AN ACT

RELATING TO HEALTH; ENACTING THE CANNABIS SCHOOL USE PREVENTION RESOURCE ACT; REQUIRING THE DEPARTMENT OF HEALTH TO DEVELOP, MAINTAIN AND OVERSEE A CANNABIS SCHOOL USE PREVENTION RESOURCE PROGRAM; ALLOWING THE DEPARTMENT OF HEALTH TO PROMULGATE RULES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 7 of this act may be cited as the "Cannabis School Use Prevention Resource Act".

     SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Cannabis School Use Prevention Resource Act:

          A. "cannabis" means all parts of the plant genus Cannabis containing a delta-9-tetrahydrocannabinol concentration of more than three-tenths percent on a dry weight basis, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin;

          B. "cannabis product" means a product that is or that contains cannabis or cannabis extract, including edible or topical products that may also contain other ingredients;

          C. "department" means the department of health;

          D. "school" means a public school or a charter school;

          E. "school personnel" means a person employed by a public school and includes administrators, teachers, teaching aides, coaches and bus drivers; and

          F. "unauthorized use of cannabis" means use of cannabis by a minor that is:

                (1) inconsistent with Section 22-33-5 NMSA 1978; or

                (2) illegal pursuant to state and federal law.

     SECTION 3. [NEW MATERIAL] CANNABIS SCHOOL USE PREVENTION RESOURCE PROGRAM--DEPARTMENT DUTIES--SCHOOL BOARD AND GOVERNING BODY OF CHARTER SCHOOL ACCESS.--

          A. By July 1, 2025, the department shall develop, maintain and oversee a cannabis school use prevention resource program for school personnel, including:

                (1) evidence- and research-based educational materials pursuant to Section 4 of the Cannabis School Use Prevention Resource Act; and

                (2) a school juvenile use targeted advertising campaign pursuant to Section 6 of the Cannabis School Use Prevention Resource Act.

          B. The department shall ensure that each school board and governing body of a charter school has access to the cannabis school use prevention resource program by January 1, 2025. A school and the employees of the school may use the material provided by the department pursuant to this section.

          C. From 2024 through 2029, the department shall present a report to the legislative education study committee and the legislative health and human services committee before December 31 of each year regarding the amount of:

                (1) drug assessments conducted during a school year;

                (2) students that were assessed multiple times;

                (3) times that a parent or guardian was contacted in response to the student's drug use;

                (4) times poison control was contacted;

                (5) students that were at risk of immediate harm:

                     (a) requiring emergency medical transportation; or

                     (b) warranting a referral to an emergency room; and

                (6) times a school district accessed the cannabis school use prevention resources and whether the school district distributed any materials to students or families.

     SECTION 4. [NEW MATERIAL] CANNABIS SCHOOL USE PREVENTION RESOURCE PROGRAM--EDUCATIONAL MATERIALS--DEVELOPMENT--ACCESSIBILITY.--

          A. The department shall develop evidence- and research-based educational materials for school personnel in the course of identifying:

                (1) cannabis;

                (2) cannabis products, including food products, based on packaging of the food product and other ascertainable features of a food item containing cannabis and cannabis-containing food products that appear to replicate existing non-cannabis-containing food products; and

                (3) student impairment caused by unauthorized use of cannabis.

          B. The department shall maintain and operate a web page that:

                (1) is free for school personnel to access; and

                (2) provides a downloadable format of educational materials pursuant to Subsection A of this section.

          C. Pursuant to Subsection B of this section, the department shall:

                (1) provide a link to the web page on the department's website; and

                (2) ensure that each school board and governing body of a charter school receives a link to the web page.

     SECTION 5. [NEW MATERIAL] CANNABIS SCHOOL USE PREVENTION RESOURCE PROGRAM--NEW MEXICO POISON AND DRUG INFORMATION CENTER TO PROVIDE MATERIALS.--

          A. Prior to the 2025-2026 school year, the New Mexico poison and drug information center shall provide materials to school personnel on how to:

                (1) identify cannabis-containing items;

                (2) recognize student impairment caused by unauthorized use of cannabis; and

                (3) refer impaired students for medical evaluation and treatment.

          B. The department shall collaborate with school boards, governing bodies of charter schools and the New Mexico poison and drug information center to ensure that school personnel have access to materials pursuant to this section.

     SECTION 6. [NEW MATERIAL] CANNABIS SCHOOL USE PREVENTION RESOURCE PROGRAM--JUVENILE USE ADVERTISING CAMPAIGN.--The department shall develop and publish advertisements:

          A. with the target demographic of school personnel, juveniles and parents and guardians; and

          B. that contain:

                (1) the web page link provided pursuant to Section 4 of the Cannabis School Use Prevention Resource Act; and

                (2) information relevant to:

                     (a) the prevention of cannabis use by students; and

                     (b) the identification of cannabis and cannabis products.

     SECTION 7. [NEW MATERIAL] CANNABIS SCHOOL USE PREVENTION RESOURCE PROGRAM--RULE PROMULGATION.--The department may promulgate rules to implement the requirements of the Cannabis School Use Prevention Resource Act.

     SECTION 8. Section 23-10-3 NMSA 1978 (being Laws 2013, Chapter 56, Section 3) is amended to read:

     "23-10-3. DUTIES.--The New Mexico poison and drug information center shall:

          A. provide expert, twenty-four-hour, seven-day-a-week assistance to the residents of New Mexico during possible poisoning emergencies;

          B. provide expert, twenty-four-hour, seven-day-a-week emergency management and treatment referral of victims of poisoning to determine whether treatment can be accomplished at the scene of the incident or if transport to an emergency treatment or other facility is required;

          C. provide expert, twenty-four-hour, seven-day-a-week treatment recommendations for all types of poisonings, chemical exposures, drug overdoses and exposure to chemical weapons of mass destruction. This information shall be provided to medical and nonmedical providers;

          D. carry out follow-up for hospitalized and non- hospitalized poison patients to assess progress and recommend additional treatment as necessary;

          E. carry out follow-up to families and other individuals, where practicable, to ensure that adequate care is provided;

          F. work to improve the health of the residents of New Mexico by reducing illness and death associated with poisoning and by encouraging proper use of medications;

          G. identify and address problems associated with poisoning and medication-related illness through education and public service;

          H. work to reduce the costs associated with poisoning by treating people with less severe exposures at their homes with the center's guidance;

          I. train health care professionals in the field of clinical toxicology;

          J. expand knowledge in the field of clinical toxicology through an active research program;

          K. prevent poisonings through surveillance of toxic events, education, regulation and collaboration with local, state and federal agencies;

          L. offer drug information services that provide individualized, accurate, relevant and unbiased information to consumers and health care professionals regarding medication-related inquiries;

          M. help train pharmacists to become drug information providers;

          N. seek to effectively use the center's resources; [and]

          O. work to advance the center's institutional mission while supporting professional and personal growth; and

          P. provide materials to school personnel pursuant to the Cannabis School Use Prevention Resource Act."

     SECTION 9. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2024.

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