SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR
SENATE BILL 404
54th legislature - STATE OF NEW MEXICO - first session, 2019
AN ACT
RELATING TO HEALTH; AMENDING THE LYNN AND ERIN COMPASSIONATE USE ACT TO PROVIDE FOR THREE-YEAR CERTIFICATION.
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-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 created pursuant to Section 26-2B-6 NMSA 1978, 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 identification cards and for the renewal of 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) determine additional duties and responsibilities of the advisory board; and
(8) be revised and updated as necessary.
B. The department shall issue registry 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 identification card within five days of approving an application, and a card shall expire [one year] three years after the date of issuance; provided that a registry identification card issued to a person under the age of eighteen shall be valid for one year. A registry 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 identification card; and
(3) other information that the department may require by rule.
E. A person who possesses a registry identification card shall:
(1) 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; and
(2) visit the qualified patient's practitioner annually regarding the status of the qualified patient's debilitating medical condition, regardless of the length of time for which the qualified patient's registration identification card is valid.
F. Subsequent to the visit required pursuant to Paragraph (2) of Subsection E of this section, the qualified patient's practitioner shall submit a notice to the department, in a form and manner required by department rules, that shall allow for submission in writing or by secure electronic means. The notice shall affirm that the qualified patient's practitioner has examined the patient and that the patient still qualifies for the medical use of cannabis program according to the provisions of the Lynn and Erin Compassionate Use Act.
[F.] G. Possession of or application for a registry 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.] H. The department shall maintain a confidential file containing the names and addresses of the persons who have either applied for or received a registry 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 identification card; or
(3) as provided in the federal Health Insurance Portability and Accountability Act of 1996."
- 6 -