SB 404 — 3-YEAR MEDICAL MARIJUANA CERTIFICATION

SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR SENATE BILL 404 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 4 6 8 10 AN ACT RELATING TO HEALTH;

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

e t 17 "26-2B-1.

SHORT TITLE.--[SectionsTITLE.--Chapter 1 through 7 of this w l n d 18 act] Chapter 26, Article 2B NMSA 1978 may be cited as the "Lynn = = 19 and Erin Compassionate Use Act" in honor of Lynn Pierson and a l i a e r 20 Erin Armstrong." a t m m 21 SECTION 2.

Section 26-2B-7 NMSA 1978 (being Laws 2007, d r e 22 Chapter 210, Section 7) is amended to read:

c e s k 23 "26-2B-7.

REGISTRY IDENTIFICATION CARDS--DEPARTMENT e a n b 24 RULES--DUTIES.-- u [ A.

No later than October 1, 2007, and after .214169.3 SPAC/SB 404 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.

SPAC/SB 404 (2) define the amount of cannabis that is Page 1 necessary to constitute an adequate supply, including amounts for topical treatments;

Procedures shall e e 17 include a petition process and shall allow for public comment e e n d 18 and public hearings before the advisory board;

= = l ] 19 (4) set forth additional medical conditions, a l r i 20 medical treatments or diseases to the list of debilitating t e a t medical conditions that qualify for the medical use of cannabis m m 21 e d as recommended by the advisory board;

r e 22 c e r c 23 (5) identify requirements for the licensure of e a n b 24 producers and cannabis production facilities and set forth u [ procedures to obtain licenses;

.214169.3 - 2 - SPAC/SB 404 (6) develop a distribution system for medical cannabis that provides for:

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 SPAC/SB 404 Page 2 daycare center;

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 e e 17 accordance with the department's rules:

e e n d 18 (1) a written certification;

= = l ] 19 (2) the name, address and date of birth of the a l r i 20 patient;

t e a t (3) the name, address and telephone number of m m 21 e d the patient's practitioner;

and r e 22 c e r c 23 (4) the name, address and date of birth of the e a n b 24 patient's primary caregiver, if any.

u [ C.

The department shall verify the information .214169.3 - 3 - SPAC/SB 404 contained in an application submitted pursuant to Subsection B of this section and shall approve or deny an application within thirty days of receipt.

SPAC/SB 404 Page 3 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;

e e 17 (1) the name, address and date of birth of the e e n d 18 qualified patient and primary caregiver, if any;

= = l ] 19 (2) the date of issuance and expiration date a l r i 20 of the registry identification card;

and t e a t (3) other information that the department may m m 21 e d require by rule.

r e 22 c e r c 23 E.

A person who possesses a registry identification e a n b 24 card shall:

u [ (1) notify the department of any change in the .214169.3 - 4 - SPAC/SB 404 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;

SPAC/SB 404 Page 4 F.

The notice shall affirm that the qualified patient's practitioner has examined the patient and that the patient e e 17 still qualifies for the medical use of cannabis program e e n d 18 according to the provisions of the Lynn and Erin Compassionate = = l ] 19 Use Act.

a l r i 20 [F.] G.

Possession of or application for a registry t e a t identification card shall not constitute probable cause or give m m 21 e d rise to reasonable suspicion for a governmental agency to r e 22 c e r c 23 search the person or property of the person possessing or e a n b 24 applying for the card.

u [ [G.] H.

The department shall maintain a .214169.3 - 5 - SPAC/SB 404 confidential file containing the names and addresses of the persons who have either applied for or received a registry identification card.

(2) to authorized employees of state or SPAC/SB 404 Page 5 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." -SPAC/SB 6404 -Page e6 e7 179 e25 e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .214169.3