SENATE BILL 477

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

INTRODUCED BY

Antoinette Sedillo Lopez

AN ACT

RELATING TO CHILDREN; ENACTING NEW SECTIONS OF THE ABUSE AND NEGLECT ACT, THE FAMILY SERVICES ACT AND THE PUBLIC SCHOOL CODE TO BAR AS GROUNDS FOR REFERRAL OR INTERVENTION AN INDIVIDUAL'S PARTICIPATION AS A QUALIFIED MEDICAL CANNABIS PATIENT IN THE STATE'S MEDICAL CANNABIS PROGRAM.

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

     SECTION 1. A new section of the Abuse and Neglect Act is enacted to read:

     "[NEW MATERIAL] MEDICAL CANNABIS PROGRAM--REMOVAL OF CHILDREN.--An individual's participation as a qualified patient in the state's medical cannabis program established pursuant to the Lynn and Erin Compassionate Use Act shall not in itself constitute grounds for intervention, removal or placement into state custody of a child in that individual's care."

     SECTION 2. A new section of the Family Services Act is enacted to read:

     "[NEW MATERIAL] MEDICAL CANNABIS PROGRAM--PREVENTION SERVICES--DIVERSION SERVICES--INTERVENTION SERVICES.--An individual's participation as a qualified patient in the state's medical cannabis program established pursuant to the Lynn and Erin Compassionate Use Act shall not in itself constitute grounds for the provision of prevention, diversion or intervention services to that individual's family pursuant to the Family Services Act."

     SECTION 3. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] MEDICAL CANNABIS PROGRAM--REPORTING PURSUANT TO ABUSE AND NEGLECT ACT.--No employee of a school shall report, or threaten to report, a parent for alleged abuse or neglect under the Abuse and Neglect Act on the sole basis of the parent or child's participation as a qualified patient in the state's medical cannabis program established pursuant to the Lynn and Erin Compassionate Use Act."

- 2 -