HOUSE BILL 594

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Bob Wooley

AN ACT

RELATING TO MEDICAL CANNABIS; AMENDING THE LYNN AND ERIN COMPASSIONATE USE ACT TO REQUIRE PHOTO IDENTIFICATION AND A CRIMINAL HISTORY RECORD CHECK OF EACH PATIENT, PRIMARY CAREGIVER, PRACTITIONER OR PRODUCER AS A CONDITION OF REGISTRATION OR LICENSURE UNDER THE ACT; PROVIDING PENALTIES FOR DISCLOSURE OF CRIMINAL HISTORY RECORDS OR INFORMATION IN VIOLATION OF THE ACT.

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

     SECTION 1. Section 26-2B-1 NMSA 1978 (being Laws 2007, Chapter 210, Section 1) is amended to read:

     "26-2B-1. SHORT TITLE.--[Sections 1 through 7 of this act] Chapter 26, Article 2B NMSA 1978 may be cited as the "Lynn and Erin Compassionate Use Act" in honor of Lynn Pierson and Erin Armstrong."

     SECTION 2. Section 26-2B-6 NMSA 1978 (being Laws 2007, Chapter 210, Section 6) is amended to read:

     "26-2B-6. ADVISORY BOARD CREATED--DUTIES.--The secretary of health shall establish an advisory board consisting of eight practitioners representing the fields of neurology, pain management, medical oncology, psychiatry, infectious disease, family medicine and gynecology. The practitioners shall be nationally board-certified in their area of specialty and knowledgeable about the medical use of cannabis. The members shall be chosen for appointment by the secretary from a list proposed by the New Mexico medical society. A quorum of the advisory board shall consist of three members. The advisory board shall:

          A. review and recommend to the department for approval additional debilitating medical conditions that would benefit from the medical use of cannabis;

          B. accept and review petitions to add medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the medical use of cannabis;

          C. convene at least twice per year to conduct public hearings and to evaluate petitions, which shall be maintained as confidential personal health information, to add medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the medical use of cannabis;

          D. issue recommendations concerning rules to be promulgated for the issuance of the registry photo identification cards; and

          E. recommend quantities of cannabis that are necessary to constitute an adequate supply for qualified patients and primary caregivers."

     SECTION 3. Section 26-2B-7 NMSA 1978 (being Laws 2007, Chapter 210, Section 7) is amended to read:

     "26-2B-7. REGISTRY IDENTIFICATION CARDS--DEPARTMENT RULES--DUTIES.--

          A. No later than October 1, 2007, and after consultation with the advisory board, the department shall promulgate rules in accordance with the State Rules Act to implement the purpose of the Lynn and Erin Compassionate Use Act. The rules shall:

                (1) govern the manner in which the department will consider applications for registry photo identification cards and for the renewal of photo identification cards for qualified patients and primary caregivers;

                (2) define the amount of cannabis that is necessary to constitute an adequate supply, including amounts for topical treatments;

                (3) identify criteria and set forth procedures for including additional medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the medical use of cannabis. Procedures shall include a petition process and shall allow for public comment and public hearings before the advisory board;

                (4) set forth additional medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the medical use of cannabis as recommended by the advisory board;

                (5) identify requirements for the licensure of producers and cannabis production facilities and set forth procedures to obtain licenses;

                (6) develop a distribution system for medical cannabis that provides for:

                     (a) cannabis production facilities within New Mexico housed on secured grounds and operated by licensed producers; and

                     (b) distribution of medical cannabis to qualified patients or their primary caregivers to take place at locations that are designated by the department and that are not within three hundred feet of any school, church or daycare center; 

                (7) regulate the content and manner of advertising related to the prescribing, sale or distribution of medical cannabis;

                [(7)] (8) determine additional duties and responsibilities of the advisory board; and

                [(8)] (9) be revised and updated as necessary.

          B. The department shall issue registry photo identification cards to a patient and to the primary caregiver for that patient, if any, who submit the following, in accordance with the department's rules:

                (1) a written certification;

                (2) the name, address and date of birth of the patient;

                (3) the name, address and telephone number of the patient's practitioner; and

                (4) the name, address and date of birth of the patient's primary caregiver, if any.

          C. The department shall verify the information contained in an application submitted pursuant to Subsection B of this section and shall approve or deny an application within thirty days of receipt. The department may deny an application only if the applicant did not provide the information required pursuant to Subsection B of this section or if the department determines that the information provided is false. A person whose application has been denied shall not reapply for six months from the date of the denial unless otherwise authorized by the department.

          D. The department shall issue a registry photo identification card within five days of approving an application, and a card shall expire one year after the date of issuance. A registry photo identification card shall contain:

                (1) the name, address and date of birth of the qualified patient and primary caregiver, if any;

                (2) the date of issuance and expiration date of the registry photo identification card; and

                (3) other information that the department may require by rule.

          E. A person who possesses a registry photo identification card shall notify the department of any change in the person's name, address, qualified patient's practitioner, qualified patient's primary caregiver or change in status of the qualified patient's debilitating medical condition within ten days of the change.

          F. Possession of or application for a registry photo identification card shall not constitute probable cause or give rise to reasonable suspicion for a governmental agency to search the person or property of the person possessing or applying for the card.

          G. The department shall maintain a confidential file containing the names and addresses of the persons who have either applied for or received a registry photo identification card. Individual names on the list shall be confidential and not subject to disclosure, except:

                (1) to authorized employees or agents of the department as necessary to perform the duties of the department pursuant to the provisions of the Lynn and Erin Compassionate Use Act;

                (2) to authorized employees of state or local law enforcement agencies, but only for the purpose of verifying that a person is lawfully in possession of a registry photo identification card; or

                (3) as provided in the federal Health Insurance Portability and Accountability Act of 1996."

     SECTION 4. A new section of the Lynn and Erin Compassionate Use Act is enacted to read:

     "[NEW MATERIAL] CRIMINAL BACKGROUND CHECKS.--

          A. Nationwide criminal history record checks shall be conducted on applicants for registry photo identification cards and for renewal of registry photo identification cards.

          B. Nationwide criminal history record checks shall be conducted on: 

                (1) applicants for licensure as producers;

                (2) all persons with an existing ownership interest in an applicant for licensure as a producer;

                (3) all persons with an after-acquired ownership interest in a licensed producer;

                (4) all persons with an existing ownership interest in cannabis production, distribution or dispensing facilities or operations for which licensure is sought, or in the real property where such facilities or operations are located;

                (5) all persons with an after-acquired ownership interest in licensed cannabis production, distribution or dispensing facilities or operations, or in the real property where such facilities or operations are located; and

                (6) all employees of cannabis production, distribution or dispensing facilities or operations licensed by the department.

          C. The department may use criminal history records obtained from the federal bureau of investigation to conduct background checks on the persons referred to in Subsection B of this section and shall consider such records and information when granting, renewing or revoking registry photo identification cards or licensure to a producer.

          D. Criminal history records obtained by the department pursuant to the provisions of this section are confidential. Criminal history records obtained pursuant to the provisions of this section shall not be used for any purpose other than conducting background checks. Criminal history records obtained pursuant to the provisions of this section and the information contained in those records shall not be released or disclosed to any other person or agency, except pursuant to a court order or with the written consent of the person who is the subject of the records.

          E. A person who releases or discloses criminal history records or information contained in those records in violation of the provisions of this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978."

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