54th legislature - STATE OF NEW MEXICO - first session, 2019

RELATING TO HEALTH; PROVIDING FOR INTERGOVERNMENTAL AGREEMENTS BETWEEN THE DEPARTMENT OF HEALTH AND NEW MEXICO INDIAN NATIONS, TRIBES AND PUEBLOS THAT PARTICIPATE IN THE STATE'S MEDICAL CANNABIS PROGRAM; DECLARING AN EMERGENCY.

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

"[NEW MATERIAL] INDIAN NATIONS, TRIBES AND PUEBLOS--INTERGOVERNMENTAL AGREEMENTS.--The department may enter into an intergovernmental agreement with any sovereign Indian nation, tribe or pueblo located in New Mexico that elects to implement the provisions of the medical cannabis program established pursuant to the Lynn and Erin Compassionate Use Act. The intergovernmental agreement shall provide for:

A. any assistance from the department that an Indian nation, tribe or pueblo may request in implementing its own medical cannabis program within the boundaries of that Indian nation, tribe or pueblo and that the department agrees to provide; and

B. guidelines for compliance with department rules or compliance with separate express provisions of the intergovernmental agreement to govern the rights and the responsibilities of the department and an Indian nation, tribe or pueblo when that Indian nation, tribe or pueblo transports or sells medical cannabis outside of the boundaries of that Indian nation, tribe or pueblo."

SECTION 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.