reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 1 - General Provisions › Section 26-1-7 - Attorney general or district attorney to institute prosecutions.

It is the duty of the attorney general or the various district attorneys of this state to whom the board reports any violation of the New Mexico Drug, Device and Cosmetic Act to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.
History:
1953 Comp., § 54-6-32, enacted by Laws 1967, ch. 23, § 7; 2005, ch. 152, § 2.
ANNOTATIONS
Cross references.
— For duties generally of attorney general,
see
8-5-2 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, deleted the provision that requires the board to permit the person against whom criminal proceedings are contemplated to present his or her views to the board before a violation is reported to the district attorney.
No authority to charge at board meeting and then collect fine.
— The pharmacy board has no authority to charge druggist or wholesalers at a meeting of the board and then set out and collect a fine for any violation or violations of the pharmacy laws at said meeting from said druggists or wholesalers. 1953 Op. Att'y Gen. No. 53-5865 (opinion rendered under former law).
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 1 - General Provisions › Section 26-1-8 - Minor violations of act; warnings authorized.

Nothing in the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act] shall be construed as requiring the board to report for the institution of proceedings, minor violations of the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act], whenever the board believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
History:
1953 Comp., § 54-6-33, enacted by Laws 1967, ch. 23, § 8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1987, ch. 270, § 8 provided that references to the New Mexico Drug and Cosmetic Act shall be construed as references to the New Mexico Drug, Device and Cosmetic Act.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 1 - General Provisions › Section 26-1-13 - Packaging and labeling requirements; proprietary preparations.

A. The principal display panel of an over-the-counter packaged drug or device shall bear as one of its principal features a statement of the identity of the commodity. The statement shall include the established name of the drug or the common name of the device and an accurate statement of the general pharmacological category of the drug or the principal intended action of the drug or device in terms meaningful to the layman.
B. In the case of an over-the-counter drug that is a mixture with no established name, a conspicuous enumeration of each active ingredient that is a mixture with no established name and a conspicuous enumeration of each active ingredient immediately followed by an accurate statement of the general pharmacological category of the ingredients or of its principal intended action in terms that are meaningful to the layman.
C. This section shall not apply to any drug or class of drugs exempted by regulations promulgated under the federal Fair Packaging and Labeling Act.
D. The label of an over-the-counter packaged drug or device shall bear a declaration of the net quantity of its contents.
E. Dangerous drugs or over-the-counter preparations subject to the federal Poison Prevention Packaging Act of 1970 shall meet the safety closure standards and regulations promulgated pursuant to the federal Poison Prevention Packaging Act of 1970.
History:
1953 Comp., § 54-6-38, enacted by Laws 1972, ch. 84, § 47.
ANNOTATIONS
Repeals and reenactments.
— Laws 1972, ch. 84, § 47 repealed 54-6-38, 1953 Comp., relating to depressant, stimulant and hallucinogenic drugs, and enacted a new section.
Cross references.
— For the federal Fair Packaging and Labeling Act,
see
15 U.S.C. § 1451 et seq.
For the federal Poison Prevention Packaging Act of 1970,
see
15 U.S.C. § 1471.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Liability of manufacturer or seller for injury or death allegedly caused by failure to warn regarding danger in use of vaccine or prescription drug, 94 A.L.R.3d 748.
Promotional efforts directed toward prescribing physician as affecting prescription drug manufacturer's liability for product-caused injury, 94 A.L.R.3d 1080.
Strict products liability: liability for failure to warn as dependent on defendant's knowledge of danger, 33 A.L.R.4th 368.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 1 - General Provisions › Section 26-1-15 - Dangerous drugs; veterinary use; limitations.

A. A dangerous drug intended for veterinary use which is not safe for animal use except under the direct supervision of a licensed veterinarian and for which adequate directions for use cannot be prepared, shall bear the legend "CAUTION: federal law restricts this drug to use by or on the order of a licensed veterinarian" and the label shall meet the requirements of the federal act. Such drugs may be sold or distributed by a person possessing a limited license issued by the board under Subsection B of Section 61-11-14 NMSA 1978, on the order of a licensed veterinarian, provided adequate records of receipt and distribution are kept as required in the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act].
B. Drugs which are exempted by the federal act for veterinary use without a prescription shall be labeled to indicate that the drug is for veterinary use and the label shall meet the requirements of the federal act.
History:
1953 Comp., § 54-6-40, enacted by Laws 1972, ch. 84, § 48; 1973, ch. 217, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1987, ch. 270, § 8 provided that references to the New Mexico Drug and Cosmetic Act shall be construed as references to the New Mexico Drug, Device and Cosmetic Act.
Repeals and reenactments.
— Laws 1972, ch. 84, § 48, repealed 54-6-40, 1953 Comp., relating to enumeration of dangerous drugs, and enacted a new 26-1-15 NMSA 1978.
Cross references.
— For definition of dangerous drugs under the New Mexico Drug, Device and Cosmetic Act,
see
26-1-2F NMSA 1978.
For definition of federal act,
see
26-1-2W NMSA 1978.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 1 - General Provisions › Section 26-1-16.1 - Opioids; requiring practitioners to obtain and review reports from the prescription monitoring program.

A. For purposes of this section:
(1) "opioid" means the class of drugs that includes the natural derivatives of opium, which are morphine and codeine, and related synthetic and semi-synthetic compounds that act upon opioid receptors;
(2) "practitioner" does not include a pharmacist, veterinarian or euthanasia technician;
(3) "prescription monitoring program" means a program that includes a centralized system to collect, monitor and analyze electronically, for Schedule II through V controlled substances, prescribing and dispensing data submitted by dispensers; and
(4) "Schedule II through V controlled substance" means a substance listed in Schedule II, III, IV or V pursuant to the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978] or the federal controlled substances regulation, pursuant to 21 U.S.C. 812.
B. Before a practitioner prescribes or dispenses an opioid for the first time to a patient, the practitioner shall obtain and review a report from the state's prescription monitoring program for such patient for the previous twelve calendar months. If the practitioner has access to a similar report from an adjacent state for the patient, the practitioner shall also obtain and review that report. The provisions of this subsection shall not apply to the prescription or dispensing of an opioid for a supply of four days or less.
C. A practitioner shall obtain and review a report from the state's prescription monitoring program and similar reports from an adjacent state, if any, no less than once every three months for each established patient for whom the practitioner continuously prescribes or dispenses opioids.
D. A practitioner shall document the receipt and review of reports required by this section in the patient's medical record.
E. Nothing in this section shall be construed to prevent a practitioner from obtaining and reviewing a report regarding a practitioner's patient from the state's prescription monitoring program or a similar report from another state with greater frequency than that required by this section, in accordance with the practitioner's professional judgment.
F. Nothing in this section shall be construed to require a practitioner to obtain a prescription monitoring report when prescribing an opioid to a patient in a nursing facility or in hospice care.
G. The professional licensing board of each category of practitioner that is licensed or otherwise authorized to prescribe or dispense an opioid shall promulgate rules to implement the provisions of this section. Nothing in this section shall be construed to prevent a professional licensing board from requiring by rule that practitioners obtain prescription monitoring program reports with greater frequency than that required by this section.
History:
Laws 2016, ch. 46, § 1.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 46, § 2 makes Laws 2016, ch. 46, § 1 effective January 1, 2017.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 1 - General Provisions › Section 26-1-17 - Testing laboratory.

The college of pharmacy of the university of New Mexico shall serve as the testing laboratory for samples collected for examination pursuant to the provisions of the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act].
History:
1953 Comp., § 54-6-42, enacted by Laws 1967, ch. 23, § 17.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1987, ch. 270, § 8 provided that references to the New Mexico Drug and Cosmetic Act shall be construed as references to the New Mexico Drug, Device and Cosmetic Act.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 1 - General Provisions › Section 26-1-18.1 - Prescription drug prior authorization protocols.

A. After January 1, 2014, a prescribing practitioner seeking prior authorization from a health insurer may use the uniform prior authorization form developed pursuant to Sections 2 [59A-2-9.8 NMSA 1978] and 3 [61-11-6.2 NMSA 1978] of this 2013 act.
B. As used in this section:
(1) "health insurer" means a health insurer; a nonprofit health service provider; a health maintenance organization; a managed care organization; or a provider service organization. "Health insurer" does not include:
(a) a person that delivers, issues for delivery or renews an individual policy intended to supplement major medical group-type coverages such as medicare supplement, long-term care, disability income, specified disease, accident-only, hospital indemnity or other limited-benefit health insurance policy;
(b) a physician or a physician group to which a health insurer has delegated financial risk for prescription drugs and that does not use a prior authorization process for prescription drugs; or
(c) a health insurer or its affiliated providers if the health insurer owns and operates its pharmacies and does not use a prior authorization process for prescription drugs; and
(2) "prescribing practitioner" means a person that is licensed or certified to prescribe and administer drugs that are subject to the New Mexico Drug, Device and Cosmetic Act.
History:
Laws 2013, ch. 170, § 4.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 170 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 1 - General Provisions › Section 26-1-19 - Power to make inspections and secure samples.

The board or its duly authorized agent shall have free access at all reasonable hours to any factory, warehouse or establishment in which drugs, devices or cosmetics are manufactured, processed, packed or held for introduction into commerce, or to enter any vehicle being used to transport or hold such drugs, devices or cosmetics in commerce, for the purpose of inspecting such factory, warehouse, establishment or vehicle to determine if any of the provisions of the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act] are being violated, and to secure samples or specimens of any drug, device or cosmetic after paying or offering to pay for such sample. It shall be the duty of the board to make or cause to be made examinations of samples secured under the provisions of this section to determine whether or not any provision of the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act] is being violated.
History:
1953 Comp., § 54-6-44, enacted by Laws 1967, ch. 23, § 19.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1987, ch. 270, § 8 provided that references to the New Mexico Drug and Cosmetic Act shall be construed as references to the New Mexico Drug, Device and Cosmetic Act.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 1 - General Provisions › Section 26-1-20 - Personnel.

The board shall employ such personnel for the administration and enforcement of the provisions of the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act] as may be necessary.
History:
1953 Comp., § 54-6-45, enacted by Laws 1967, ch. 23, § 20.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1987, ch. 270, § 8 provided that references to the New Mexico Drug and Cosmetic Act shall be construed as references to the New Mexico Drug, Device and Cosmetic Act.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 1 - General Provisions › Section 26-1-21 - Power of board to publish reports and disseminate information.

A. The board may cause to be published from time to time reports summarizing all judgments, decrees and court orders which have been rendered, including the nature of the charge and the disposition thereof.
B. The board may also cause to be disseminated such information regarding drugs, devices and cosmetics as the board deems necessary in the interest of the public health and the protection of the consumer against fraud. Nothing in this section shall be construed to prohibit the board from collecting, reporting and illustrating the results of the investigations of the board.
History:
1953 Comp., § 54-6-46, enacted by Laws 1967, ch. 23, § 21.
ANNOTATIONS
Generally.
— A statute such as this one authorizes or permits the pharmacy board to make public, through the pharmaceutical association drug store "El Boticario," an item pertaining to the sale of a legendary drug to a nondrug store, if a conviction or convictions have been obtained in the courts of the state of New Mexico, but not otherwise. 1953 Op. Att'y Gen. No. 53-5865 (opinion rendered under former law).
The board is permitted and authorized to disseminate all reports and other information, and the fact that the firms, persons or agencies named in said item are published in an outside publication would not incriminate the board or agency mentioned in all cases where conviction or convictions have been obtained in the courts of this state, but not otherwise. 1953 Op. Att'y Gen. No. 53-5865 (opinion rendered under former law).
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 1 - General Provisions › Section 26-1-22 - Unlawful means of obtaining dangerous drugs enumerated.

It shall be unlawful for any person to obtain or attempt to obtain any dangerous drug or to procure or attempt to procure the administration of any dangerous drugs other than a controlled substance:
A. by fraud, deceit, misrepresentation or subterfuge; or
B. by forgery or alteration of a prescription or of any written order; or
C. by the concealment of a material fact; or
D. by the use of a false name or the giving of a false name or the giving of a false address.
History:
1953 Comp., § 54-6-47, enacted by Laws 1967, ch. 23, § 22; 1972, ch. 84, § 51.
ANNOTATIONS
Cross references.
— For definition of "dangerous drugs",
see
26-1-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 1 - General Provisions › Section 26-1-23 - False statements; false pretenses; forgery of labels or prescriptions prohibited.

It shall be unlawful for any person to:
A. willfully make a false statement in any prescription, order, report or record required by the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act];
B. falsely assume the title of or represent himself to be a manufacturer, wholesaler, pharmacist, physician, dentist, veterinarian or other authorized person for the purpose of obtaining any of the dangerous drugs;
C. make or utter any false or forged label to a package containing any of the dangerous drugs; or
D. make or utter any false or forged prescription or false or forged written order for dangerous drugs other than controlled substances.
History:
1953 Comp., § 54-6-48, enacted by Laws 1967, ch. 23, § 23; 1972, ch. 84, § 52.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1987, ch. 270, § 8 provided that references to the New Mexico Drug and Cosmetic Act shall be construed as references to the New Mexico Drug, Device and Cosmetic Act.
Cross references.
— For definition of "prescription",
see
26-1-2I NMSA 1978.
For definition of "label",
see
26-1-2M NMSA 1978.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 1 - General Provisions › Section 26-1-24 - Cosmetics; misbranding.

A cosmetic shall be deemed to be misbranded:
A. if its labeling is false or misleading in any particular;
B. if in package form unless it bears a label containing:
(1) the name and place of business of the manufacturer, packer or distributor; and
(2) an accurate statement of the quantity of the contents in terms of weight, measure or numerical count; provided, that reasonable variations shall be permitted, and exemptions made for information pertaining to weight, measure or numerical count as to small packages, shall be established by regulations prescribed by the board;
C. if any word, statement or other information required by or under the authority of the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act] to appear on the label or labeling is not prominently placed thereon with such conspicuousness as compared with other words, statements, designs or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of the purchase and use;
D. if its container is so made, formed or filled as to be misleading; or
E. if it is a color additive, unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to such color additive prescribed under the provisions of the federal act. This section shall not apply to packages of color additives which, with respect to their use for cosmetics, are marketed and intended for use only in or on hair dyes bearing required label.
History:
1953 Comp., § 54-6-49, enacted by Laws 1967, ch. 23, § 24.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1987, ch. 270, § 8 provided that references to the New Mexico Drug and Cosmetic Act shall be construed as references to the New Mexico Drug, Device and Cosmetic Act.
Cross references.
— For definition of "misbranded",
see
26-1-2 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Products liability: perfumes, colognes, or deodorants, 46 A.L.R.4th 1197.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 1 - General Provisions › Section 26-1-25 - Cosmetics; adulteration.

A cosmetic shall be deemed to be adulterated:
A. if it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisements thereof, or under such conditions of use as are customary or usual; provided, that this provision shall not apply to coal-tar dye, the label of which bears the following legend conspicuously displayed thereon: "CAUTION: This product contains ingredients which may cause skin irritations on certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness," and the labeling of which bears adequate directions for such preliminary testing. For the purpose of this paragraph and Subsection E the term "hair dye" shall not include eyelash dyes or eyebrow dyes;
B. if it consists in whole or in part of any filthy, putrid or decomposed substance;
C. if it has been produced, prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;
D. if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or
E. if it is not a hair dye, and it bears or contains a color additive which is unsafe within the meaning of the federal act.
History:
1953 Comp., § 54-6-50, enacted by Laws 1967, ch. 23, § 25.
ANNOTATIONS
Cross references.
— For definition of "contaminated with filth",
see
26-1-2 NMSA 1978.
For definition of "color additive",
see
26-1-2 NMSA 1978.
For definition of "federal act",
see
26-1-2 NSMA 1978 and notes thereto.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Products liability: perfumes, colognes, or deodorants, 46 A.L.R.4th 1197.
2 C.J.S. Adulteration § 2.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 1 - General Provisions › Section 26-1-26 - Penalties.

A. Any person who knowingly violates any of the provisions of Subsection A, B, C, F, G or H of Section 26-1-3, Section 26-1-14, 26-1-16, 26-1-22 or 26-1-23 NMSA 1978 is guilty of a fourth degree felony and shall be punished by a fine of not less than one thousand dollars ($1,000) or more than five thousand dollars ($5,000) or by imprisonment for not less than one year or both.
B. Except as provided in Subsection A of this section, any person violating any of the provisions of the New Mexico Drug, Device and Cosmetic Act is guilty of a misdemeanor for the first offense and for second and subsequent offenses is guilty of a fourth degree felony.
History:
1953 Comp., § 54-6-51, enacted by Laws 1967, ch. 23, § 26; 1971, ch. 245, § 4; 1972, ch. 84, § 53; 1987, ch. 270, § 7.
ANNOTATIONS
The 1987 amendment,
effective June 19, 1987, in Subsection A, updated the statutory references, deleted "a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year for the first offense and for second and subsequent offenses is guilty of" following "is guilty of," and added the language at the end of the subsection following "fourth degree felony"; and, in Subsection B, inserted "Device," deleted "petty" preceding "misdemeanor," and made a minor stylistic change.
Methaqualone.
— The legislature has not specifically designated methaqualone as a "controlled substance" or "dangerous drug" under either the Controlled Substances Act or this article, but has authorized the board of pharmacy to add this substance by administrative regulation to the list of substances controlled under these acts.
State v. Reams
, 1981-NMCA-158, 98 N.M. 372, 648 P.2d 1185,
aff'd in part, rev'd in part
, 1982-NMSC-075, 98 N.M. 215, 647 P.2d 417.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2 - Drug Abuse (Repealed, Recompiled.) › Section 26-2-1 to 26-2-4 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 270, § 10 repealed 26-2-1 to 26-2-4 NMSA 1978, as enacted by Laws 1971, ch. 244, §§ 1 to 3 and as amended by Laws 1987, ch. 265, § 4, relating to the Drug Abuse Act, effective July 1, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
9-7-6.1 to 9-7-6.3 NMSA 1978.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2 - Drug Abuse (Repealed, Recompiled.) › Section 26-2-4.1 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1999, ch. 270, § 9 recompiled 26-2-4.1 NMSA 1978, relating to the substance abuse education fund, as 9-7-17 NMSA 1978, effective July 1, 1999.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2 - Drug Abuse (Repealed, Recompiled.) › Section 26-2-5 to 26-2-14 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 270, § 10 repealed 26-2-5 to 26-2-14 NMSA 1978, as enacted by Laws 1971, ch. 244, §§ 5 to 12, Laws 1971, ch. 296, § 1 and Laws 1972, ch. 10, § 1, and as amended by Laws 1972, ch. 84, § 54, relating to drug abuse services, effective July 1, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com.
For present comparable provisions, see 9-7-6.1 to 9-7-6.3 NMSA 1978.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2A - Controlled Substances Therapeutic Research › Section 26-2A-1 - Short title.

Sections 1 through 7 [26-2A-1 to 26-2A-7 NMSA 1978] of this act may be cited as the "Controlled Substances Therapeutic Research Act".
History:
1953 Comp., § 54-15-1, enacted by Laws 1978, ch. 22, § 1.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2A - Controlled Substances Therapeutic Research › Section 26-2A-2 - Purpose.

The legislature finds that recent research has shown that the use of marijuana may alleviate the nausea and ill-effects of cancer chemotherapy, and, additionally, may alleviate the ill-effects of glaucoma. The legislature further finds that there is a need for further research and experimentation with regards to the use of marijuana under strictly controlled circumstances. It is for this purpose that the Controlled Substances Therapeutic Research Act is hereby enacted.
History:
1953 Comp., § 54-12-2, enacted by Laws 1978, ch. 22, § 2.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2A - Controlled Substances Therapeutic Research › Section 26-2A-3 - Definitions.

As used in the Controlled Substances Therapeutic Research Act:
A. "administrator" means the secretary, or his designee, of health and environment;
B. "marijuana" means marijuana, tetrahydrocannabinols or a chemical derivative of tetrahydrocannabinol; and
C. "practitioner" means a physician licensed to prescribe and administer drugs which are subject to the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978].
History:
1953 Comp., § 54-12-3, enacted by Laws 1978, ch. 22, § 3.
ANNOTATIONS
Compiler's notes.
— Laws 1991, ch. 25, § 16 repealed former 9-7-4 NMSA 1978, relating to the health and environment department, and enacted a new 9-7-4 NMSA 1978, creating the department of health. Laws 1991, ch. 25, § 4 created the department of environment. Under 9-7-5 NMSA 1978, the administrative head of the department of health is the secretary of health. Under 9-7A-5 NMSA 1978, the administrative head of the department of environment is the secretary of environment.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2A - Controlled Substances Therapeutic Research › Section 26-2A-4 - Lynn Pierson therapeutic research program established; participation.

A. There is established in the health and environment department [department of health] the "Lynn Pierson therapeutic research program". The program shall be administered by the administrator. The department shall promulgate rules and regulations necessary for the proper administration of the Controlled Substances Therapeutic Research Act. In such promulgation, the department shall take into consideration those pertinent rules and regulations promulgated by the drug enforcement administration, food and drug administration and the national institute on drug abuse.
B. Except as provided in Subsection C of Section 5 [26-2A-5 NMSA 1978] of the Controlled Substances Therapeutic Research Act, the Lynn Pierson therapeutic research program shall be limited to cancer chemotherapy patients and glaucoma patients, who are certified to the patient qualification review board by a physician as being involved in a life-threatening or sense-threatening situation and who are not responding to conventional controlled substances or where the conventional controlled substances administered have proven to be effective but where the patient has incurred severe side effects.
History:
1953 Comp., § 54-12-4, enacted by Laws 1978, ch. 22, § 4; 1979, ch. 11, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1991, ch. 25, § 16 repealed former 9-7-4 MNSA 1978, relating to the health and environment department, and enacted a new 9-7-4 NMSA 1978, creating the department of health.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2A - Controlled Substances Therapeutic Research › Section 26-2A-5 - Patient qualification review board; composition; powers and duties.

A. The administrator, upon the recommendation of the New Mexico medical society, shall appoint a patient qualification review board to serve at his pleasure. The patient qualification review board shall be comprised of:
(1) a physician licensed to practice medicine in New Mexico and certified by the American board of ophthalmology;
(2) a physician licensed to practice medicine in New Mexico and certified by the American board of internal medicine and also certified in the subspecialty of medical oncology; and
(3) a physician licensed to practice medicine in New Mexico and certified in psychiatry by the American board of psychiatry and neurology.
Members of the board may be reimbursed for their attendance at meetings at the rate of forty dollars ($40.00) per day.
B. The patient qualification review board shall review all applicants for the Lynn Pierson therapeutic research program and their licensed physicians and certify their participation in the program.
C. The patient qualification review board may include other disease groups for participation in the Lynn Pierson therapeutic research program after pertinent medical data have been presented by a physician to both the administrator and the board and after receiving the necessary approval of the food and drug administration, the drug enforcement administration and the national institute on drug abuse.
History:
1953 Comp., § 54-12-5, enacted by Laws 1978, ch. 22, § 5; 1979, ch. 11, § 2.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2A - Controlled Substances Therapeutic Research › Section 26-2A-6 - Lynn Pierson therapeutic research program; distribution.

A. The administrator shall obtain marijuana through whatever means he deems most appropriate, consistent with regulations promulgated by the national institute on drug abuse, the food and drug administration and the drug enforcement administration and pursuant to the provisions of the Controlled Substances Therapeutic Research Act.
B. The administrator shall cause such marijuana to be transferred to a certified state-operated licensed pharmacy for distribution to the certified patient pursuant to the Controlled Substances Therapeutic Research Act.
History:
1953 Comp., § 54-12-6, enacted by Laws 1978, ch. 22, § 6; 1979, ch. 11, § 3.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2A - Controlled Substances Therapeutic Research › Section 26-2A-7 - Report.

The administrator, in conjunction with the patient qualification review board, shall each year report his findings and recommendations to the governor and the legislature regarding the effectiveness of the Lynn Pierson therapeutic research program.
History:
1953 Comp., § 54-12-7, enacted by Laws 1978, ch. 22, § 7; 1979, ch. 11, § 4.
ANNOTATIONS
Compiler's notes.
— Laws 1979, ch. 11, § 5, effective March 7, 1979, repealed Laws 1978, ch. 22, § 10, which would have repealed the Controlled Substances Therapeutic Research Act (26-2A-1 to 26-2A-7 NMSA 1978) effective July 1, 1979.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2B - Lynn and Erin Compassionate Use Act › Section 26-2B-1 - Short title.

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.
History:
Laws 2007, ch. 210, § 1; 2019, ch. 247, § 2.
ANNOTATIONS
Severability.
— Laws 2007, ch. 210, §11 provided for the severability of the Lynn and Erin Compassionate Use Act if any part or application thereof is held invalid.
The 2019 amendment,
effective June 14, 2019, changed "Sections 1 through 7 of this act" to "Chapter 26, Article 2B NMSA 1978".
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2B - Lynn and Erin Compassionate Use Act › Section 26-2B-2 - Purpose of act.

The purpose of the Lynn and Erin Compassionate Use Act is to allow the beneficial use of medical cannabis in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments.
History:
Laws 2007, ch. 210, § 2.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 210, § 12 made the Lynn and Erin Compassionate Use Act effective July 1, 2007.
Severability.
— Laws 2007, ch. 210, §11 provided for the severability of the Lynn and Erin Compassionate Use Act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2B - Lynn and Erin Compassionate Use Act › Section 26-2B-5 - Prohibitions, restrictions and limitations on the medical use of cannabis; criminal penalties.

A. Participation in a medical use of cannabis program by a qualified patient, primary caregiver or reciprocal participant does not relieve the qualified patient, primary caregiver or reciprocal participant from:
(1) criminal prosecution or civil penalties for activities not authorized in the Lynn and Erin Compassionate Use Act;
(2) liability for damages or criminal prosecution arising out of the operation of a vehicle while under the influence of cannabis; or
(3) criminal prosecution or civil penalty for possession or use of cannabis:
(a) in the workplace of the qualified patient's, primary caregiver's or reciprocal participant's employment; or
(b) at a public park, recreation center, youth center or other public place.
B. A person who makes a fraudulent representation to a law enforcement officer about the person's participation in a medical use of cannabis program to avoid arrest or prosecution for a cannabis-related offense is guilty of a petty misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
History:
Laws 2007, ch. 210, § 5; 2019, ch. 247, § 5; 2019, ch. 247, § 5; 2019, ch. 261, § 2; 2021 (1st S.S.), ch. 4, § 60.
ANNOTATIONS
The 2021
(1st S.S.) amendment,
effective June 29, 2021, made amendments to conform the Lynn and Erin Compassionate Use Act with the newly enacted Cannabis Regulation Act; in Subsection A, added "or reciprocal participant" after each occurrence of "primary caregiver"; and deleted former Subsection C, which related to criminal penalties for selling, distributing, dispensing or transferring cannabis.
2019 Amendments.
— Laws 2019, ch. 247, § 5, effective June 14, 2019, removed certain restrictions related to the use or possession of cannabis; in Subsection A, Paragraph A(3), deleted Subparagraphs A(3)(a) and A(3)(b) and redesignated former Subparagraphs A(3)(c) and A(3)(d) as Subparagraphs A(3)(a) and A(3)(b), respectively; and in Subsection C, after "If a", deleted "licensed producer" and added "licensee or the licensee's representative", and after "outside New Mexico", deleted "in violation of federal law, the licensed producer" and added "the licensee or the licensee's representative".
Laws 2019, ch. 261, § 2, effective June 14, 2019, removed certain restrictions related to the use or possession of cannabis; and in Subsection A, Paragraph A(3), deleted Subparagraphs A(3)(a) and A(3)(b) and redesignated former Subparagraphs A(3)(c) and A(3)(d) as Subparagraphs A(3)(a) and A(3)(b), respectively.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2B - Lynn and Erin Compassionate Use Act › Section 26-2B-6 - Advisory board created; duties.

The secretary of health shall establish an advisory board consisting of nine practitioners knowledgeable about the medical use of cannabis. The members shall be chosen for appointment by the secretary from a list proposed by the New Mexico medical society, the New Mexico nurses association, the New Mexico academy of family physicians, the New Mexico academy of physician assistants, the New Mexico pharmacists association or the New Mexico Hispanic medical association. A quorum of the advisory board shall consist of five members. The advisory board shall:
A. review and recommend to the department for approval additional debilitating medical conditions that would benefit from the medical use of cannabis;
B. accept and review petitions to add medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the medical use of cannabis;
C. convene at least twice per year to conduct public hearings and to evaluate petitions, which shall be maintained as confidential personal health information, to add medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the medical use of cannabis;
D. issue recommendations concerning rules to be promulgated for the issuance of the registry identification cards;
E. recommend quantities of cannabis that are necessary to constitute an adequate supply for qualified patients and primary caregivers;
F. recommend formulation or preparations of cannabis or cannabis products; and
G. recommend quantities of cannabis that a reciprocal participant may obtain and possess.
History:
Laws 2007, ch. 210, § 6; 2019, ch. 247, § 6.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, increased the number of members of the advisory board, provided that additional entities may propose members to be appointed to the advisory board, and required the advisory board to recommend formulation or preparations of cannabis and to recommend quantities of cannabis that a reciprocal participant may obtain and possess; in the introductory paragraph, after "consisting of", deleted "eight" and added "nine", after "practitioners", deleted "representing the fields of neurology, pain management, medical oncology, psychiatry, infectious disease, family medicine and gynecology. The practitioners shall be nationally board-certified in their area of specialty and", after "New Mexico medical society,", added "the New Mexico nurses association, the New Mexico academy of family physicians, the New Mexico academy of physician assistants, the New Mexico pharmacists association or the New Mexico Hispanic medical association", and after "shall consist of", deleted "three" and added "five"; and added new Subsections F and G.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2B - Lynn and Erin Compassionate Use Act › Section 26-2B-6.1 - Assessment reporting.

In consultation with qualified patients and primary caregivers, the department shall produce an assessment report annually, which shall be published to the public and that includes at a minimum an evaluation of:
A. the affordability of and accessibility to medical cannabis pursuant to the Lynn and Erin Compassionate Use Act; and
B. the needs of qualified patients who live in rural areas, federal subsidized housing or New Mexico Indian nations, tribes or pueblos.
History:
Laws 2019, ch. 247, § 8; 2021 (1st S.S.), ch. 4, § 61.
ANNOTATIONS
The 2021
(1st S.S.) amendment,
effective June 29, 2021, made amendments to conform the Lynn and Erin Compassionate Use Act with the newly enacted Cannabis Regulation Act; in the section heading, deleted "Program regulation and administration; fees; limitations; rulemaking; licensure; issuance" and added "Assessment"; deleted former Subsections A through E; deleted subsection designation "F" and placed the language from former Subsection F as the introductory clause and redesignated former Paragraphs F(1) and F(2) as Subsections A and B, respectively; and deleted former Subsection G.
Temporary provisions.
— Laws 2021 (1st S.S.), ch. 4, § 70 provided:
A. On June 29, 2021, all functions, personnel, money, appropriations, records, furniture, equipment and other property of the department of health's medical cannabis program that are not part of the department's medical cannabis registry powers and duties shall be transferred to the regulation and licensing department.
B. On June 29, 2021, all contractual obligations and other agreements of the department of health as they pertain to the department's medical cannabis program that are not part of the department's medical cannabis registry powers and duties are binding on the regulation and licensing department.
C. Statutory references to the department of health that pertain to the department's medical cannabis program that are not part of the department's medical cannabis registry powers and duties shall be deemed to be references to the cannabis control division of the regulation and licensing department.
D. On June 29, 2021, any unexpended or unencumbered balance in the medical cannabis fund is transferred to the cannabis regulation fund.
E. Except to the extent any administrative rules are inconsistent with the provisions of this act, any administrative rules adopted by an officer, agency or other entity whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in force until amended by the officer, agency or other entity to which the responsibility for the adoption of the rules has been transferred. To the extent any administrative rules are inconsistent with the provisions of this act, such rules are null and void.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2B - Lynn and Erin Compassionate Use Act › Section 26-2B-7.1 - Registry identification card; registration; renewal; written certification.

The department shall require a qualified patient to reapply for a registry identification card no sooner than thirty days before the date the patient's current registry identification card expires; provided that, in order to remain eligible for participation in the medical cannabis program established pursuant to the Lynn and Erin Compassionate Use Act, a qualified patient shall submit to the department together with the qualified patient's application for a registry card a statement from a practitioner indicating that:
A. the practitioner has examined the qualified patient during the preceding twelve months;
B. the qualified patient continues to have a debilitating medical condition; and
C. the practitioner believes that the potential health benefits of the medical use of cannabis would likely outweigh the health risks for the qualified patient.
History:
Laws 2019, ch. 247, § 9; 2023, ch. 108, § 2.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, changed the application period for renewal of a medical cannabis patient registry identification card; and after "no sooner than", deleted "two years and eleven months from" and added "thirty days before", after "current registry identification card", deleted "is issued" and added "expires", after "shall submit", deleted "annually", and after "to the department", added "together with the qualified patient's application for a registry card".
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2B - Lynn and Erin Compassionate Use Act › Section 26-2B-8 - THC content; no limitation.

The department shall not limit the amount of THC concentration in a cannabis product; provided that the department may by rule adopt requirements for apportionment and packaging of cannabis products.
History:
Laws 2019, ch. 247, § 10.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 247 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2B - Lynn and Erin Compassionate Use Act › Section 26-2B-9 - Employment protections.

A. Unless a failure to do so would cause the employer to lose a monetary or licensing-related benefit under federal law or federal regulations, it is unlawful to take an adverse employment action against an applicant or an employee based on conduct allowed under the Lynn and Erin Compassionate Use Act.
B. Nothing in this section shall:
(1) restrict an employer's ability to prohibit or take adverse employment action against an employee for use of, or being impaired by, medical cannabis on the premises of the place of employment or during the hours of employment; or
(2) apply to an employee whose employer deems that the employee works in a safety-sensitive position.
History:
Laws 2019, ch. 247, § 11.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 247 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
Medical marijuana is not an accommodation that must be provided for by employer.
— Where plaintiff filed a complaint with the New Mexico human rights division alleging unlawful discrimination by defendant tractor supply company, and where evidence at trial established that plaintiff applied for a management position with defendant, and where, during the interview process, plaintiff advised defendant's hiring manager of his diagnosis of HIV/AIDS and of his participation in the medical cannabis program, and where, after being hired for the job, defendant was required to report to a testing facility to undergo a drug test, the results of which indicated a positive test for cannabis metabolites, and where defendant discharged plaintiff on the basis of the positive drug test, defendant's motion to dismiss was granted because the Lynn and Erin Compassionate Use Act, §§ 26-2B-1 through § 26-2B-10 NMSA 1978, which authorizes New Mexico's medical cannabis program, combined with the New Mexico Human Rights Act, §§ 28-1-1 through § 28-1-14 NMSA 1978, does not provide a cause of action for plaintiff, as medical marijuana is not an accommodation that must be provided for by the employer.
Garcia v. Tractor Supply Company
, 154 F.Supp.3d 1225 (D.N.M. 2016).
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2B - Lynn and Erin Compassionate Use Act › Section 26-2B-10 - Persons under state supervision; protections.

A person who is serving a period of probation or parole or who is in the custody or under the supervision of the state or a local government pending trial as part of a community supervision program shall not be penalized for conduct allowed under the Lynn and Erin Compassionate Use Act.
History:
Laws 2019, ch. 247, § 12.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 247 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.