New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 10 - MEDICAL CANNABIS IN SCHOOLS › Section 6.12.10.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Cannabis"
means all parts of the plant cannabis, including any
				and all varieties, species, and subspecies of the genus cannabis, and excludes
				the plant cannabis sativa L. and any party of the plant, whether growing or
				not, containing a delta-9-tetrahydrocannabinol concentration of no more than
				three-tenths percent on a dry weight basis.
B.
"Cannabis producer"
means a
				person or entity licensed by the department of health to possess, produce,
				dispense, distribute, and manufacture cannabis and cannabis products and sell
				wholesale or by direct sale to qualified patients and primary
				caregivers.
C.
"Certifying
				practitioner"
means a health care practitioner who is licensed in New
				Mexico to diagnose a qualified patient and recommend medical cannabis as a
				course of treatment.
D.
"Designated school personnel"
means a school employee whom a
				public school, charter school, or school district authorizes to possess, store,
				and administer medical cannabis to a qualified student in accordance with the
				provisions of Section 22-33-5 NMSA 1978, this rule, the Lynn and Erin
				Compassionate Use Act, and New Mexico department of health rules regarding the
				Lynn and Erin Compassionate Use Act.
E.
"Hemp"
means the plant
				cannabis sativa L. and any part of the plant, whether growing, or not,
				containing a delta-9-tetrahydrocannabinol concentration of no more than
				three-tenths percent on a dry weight basis, and is exempt from the New Mexico
				Controlled Substances Act.
F.
"License"
means written authorization to licensees issued by the
				New Mexico department of health to implement the provisions of Section 22-33-5
				NMSA 1978, this rule, the Lynn and Erin Compassionate Use Act, and New Mexico
				department of health rules regarding the Lynn and Erin Compassionate Use
				Act.
G.
"Licensee"
means a person or entity issued a license by the New Mexico department of
				health pursuant to the Lynn and Erin Compassionate Use Act and includes school
				districts, local school boards, locally-chartered charter schools,
				state-chartered charter schools, and governing bodies of state-chartered
				charter schools.
H.
"Licensee
				representative"
means designated school personnel who work for a
				licensee and possess, store, or administer medical cannabis to a qualified
				student in a school setting.
I.
"Medical Cannabis"
means cannabis:
(1) recommended for treatment of a
				debilitating medical condition as defined in the Lynn and Erin Compassionate
				Use Act, in a written certification by a certified practitioner;
(2) dispensed by a cannabis producer that has
				received approval from the New Mexico department of health to conduct sales of
				medical cannabis;
(3) is in the
				form of a capsule, extract, or concentrate to be ingested through the mouth
				that:
(a) may be safely divided into
				measurable doses;
(b) is not an
				aerosol product consumable through smoking or in particulate form as a vapor or
				by burning;
(c) is not a food or
				beverage product;
(d) is not a
				salve, balm, or other topical product;
(e) does not require refrigerated storage;
				and
(4) is provided to a
				school in package or container clearly labeled with:
(a) the student's name and date of birth;
				and
(b) the dosage
				allotment.