HOUSE BILL 527
52nd legislature - STATE OF NEW MEXICO - first session, 2015
INTRODUCED BY
Paul A. Pacheco
AN ACT
RELATING TO MEDICAL CANNABIS; ENACTING A NEW SECTION OF THE NMSA 1978 TO PROVIDE FOR CRIMINAL BACKGROUND CHECKS FOR PERSONS PROVIDING CERTAIN GOODS AND SERVICES RELATED TO MEDICAL CANNABIS; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] MEDICAL CANNABIS--CRIMINAL BACKGROUND CHECKS.--
A. The department is authorized to require fingerprinting and obtain the criminal background records of nonprofit licensed producers, approved entities and applicants and to exchange fingerprint data directly with the department of public safety for transmission to the federal bureau of investigation relating to nonprofit licensed producers, approved entities and applicants.
B. The secretary shall adopt and promulgate rules to:
(1) require criminal background checks for nonprofit licensed producers, approved entities and applicants;
(2) specify the convictions that shall, in accordance with this section, form the basis of a denial, suspension or revocation of licensure or approval for, or prohibition against, participation in a medical cannabis program established and administered pursuant to the Lynn and Erin Compassionate Use Act; and
(3) otherwise carry out the provisions of this section.
C. The following convictions shall permanently disqualify an individual from being employed by or otherwise contracting with a nonprofit licensed producer or approved entity and shall also permanently disqualify an individual from becoming enrolled as a primary caregiver:
(1) any single felony conviction for a violation of Section 30-31-20, 30-31-21 or 30-31-22 NMSA 1978;
(2) two or more felony convictions for violation of any section of the Controlled Substances Act, with the exception of Sections 30-31-20, 30-31-21 and 30-31-22 NMSA 1978; or
(3) conviction of any equivalent federal statute or statute from any other jurisdiction.
D. An individual who is convicted of only one violation of a section of the Controlled Substances Act other than Section 30-31-20, 30-31-21 or 30-31-22 NMSA 1978 or an equivalent federal statute or equivalent statute from any other jurisdiction shall be prohibited from being employed by or otherwise contracting with a nonprofit licensed producer or approved entity and shall be prohibited from enrollment as a primary caregiver until the passage of five years from the date of the applicable conviction.
E. The department shall comply with applicable confidentiality requirements of the department of public safety and the federal bureau of investigation regarding the dissemination of criminal background check information.
F. A person whose license or approval is denied, suspended or revoked on the basis of a criminal background check, or whose participation in a medical cannabis program established and administered pursuant to the Lynn and Erin Compassionate Use Act is otherwise prohibited on the basis of a criminal background check, shall be entitled to review the information obtained pursuant to this section and to appeal the decision pursuant to department rules.
G. A nonprofit licensed producer, approved entity or applicant shall bear any costs associated with ordering or conducting that person's criminal background check.
H. As used in this section:
(1) "applicant" means a person, including a principal, board member, employee or contractor of an applicant entity, applying to the department for any of the following authorizations under the Lynn and Erin Compassionate Use Act:
(a) licensure as a nonprofit licensed producer;
(b) enrollment as a primary caregiver; or
(c) approval to operate as a courier, laboratory, manufacturer or other business entity and participate in a medical cannabis program pursuant to the Lynn and Erin Compassionate Use Act;
(2) "approved entity" means a courier, laboratory, manufacturer or other business entity, including a principal, board member, employee or contractor of an entity, that the department has approved for participation in a medical cannabis program pursuant to the Lynn and Erin Compassionate Use Act;
(3) "contracting" means a contractor's entry into a contract for the provision of goods or services;
(4) "contractor" means a person that contracts to provide supplies or services and that:
(a) works or is anticipated to work on a premises used for the production, manufacture or distribution of cannabis in any form; or
(b) may reasonably be anticipated to come into contact with cannabis, in any form, in the performance of the person's work;
(5) "courier" means a person, including a principal, board member, employee or contractor of an entity, that:
(a) transports usable medical cannabis within the state from a nonprofit licensed producer to a qualified patient or primary caregiver; and
(b) is not a nonprofit licensed producer;
(6) "department" means the department of health;
(7) "laboratory" means a scientific laboratory that a nonprofit licensed producer or approved entity uses for the testing of cannabis or cannabis-derived products;
(8) "manufacturer" means a person that manufactures cannabis-derived products for use by qualified patients enrolled in a medical cannabis program pursuant to the Lynn and Erin Compassionate Use Act;
(9) "nonprofit licensed producer" means a private entity organized under the Nonprofit Corporation Act that operates a building or grounds that the department licenses for the production, possession and distribution of cannabis in any form;
(10) "person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture or any legal or commercial entity;
(11) "primary caregiver" means a resident of New Mexico who is at least eighteen years of age and who has been designated by a patient's health care practitioner as being necessary to take responsibility for managing the well-being of a qualified patient with respect to the medical use of cannabis pursuant to the Lynn and Erin Compassionate Use Act;
(12) "qualified patient" means a resident of New Mexico who has been diagnosed by a health practitioner as having a debilitating medical condition and has received written certification and a registry identification card issued pursuant to the Lynn and Erin Compassionate Use Act; and
(13) "secretary" means the secretary of health.
SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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