New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.32 - EXEMPTION FROM STATE CRIMINAL AND CIVIL PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. No officer, employee, or approved
				contractor of a licensed producer, approved manufacturer, approved courier, or
				approved laboratory, nor any qualified patient licensed as a producer or
				enrolled primary caregiver, shall be subject to arrest, prosecution, or penalty
				in any manner for the production, possession, distribution, or dispensation of
				cannabis in accordance with this rule and the act. For the purpose of this
				section, the department deems approved manufacturers, approved couriers, and
				approved laboratories to be ancillaries of licensed non-profit producers,
				entitled to the protections from criminal liability identified for licensed
				producers in the Lynn and Erin Compassionate Use Act, Section
				26-2B-4
				NMSA 1978.
B. Any property interest
				that is possessed, owned, or used in connection with the production of cannabis
				or acts incidental to such production shall not be harmed, neglected, injured,
				or destroyed while in the possession of state or local law enforcement
				officials. Any such property interest shall not be forfeited under any state or
				local law providing for the forfeiture of property except as provided in the
				Forfeiture Act. Cannabis, paraphernalia or other property seized from a
				qualified patient or primary caregiver in connection with the claimed medical
				use of cannabis shall be returned immediately upon the determination by a court
				or prosecutor that the qualified patient or primary caregiver is entitled to
				the protections of the provisions of this rule and act as shall be evidenced by
				a failure to actively investigate the case, a decision not to prosecute, the
				dismissal of charges, or acquittal.
C. In accordance with the Public School Code,
				Chapter 22 NMSA 1978, and the Lynn and Erin Compassionate Use Act at Subsection
				G of Section
				26-2B-4
				NMSA 1978, the department hereby deems New Mexico public schools, school
				districts, local school boards, locally-chartered charter schools,
				state-chartered charter schools, and governing bodies of state-chartered
				charter schools to be licensees, and designated school personnel (including
				designated employees and volunteers of the foregoing licensees) to be licensee
				representatives, authorized within the licensees' licensure to possess and
				store cannabis and cannabis derived products on behalf of qualified students,
				and to administer cannabis and cannabis derived products to qualified students,
				in school settings. The department deems the licensees and licensee
				representatives to be entitled to immunity from arrest, prosecution or penalty,
				in any manner, for activities conducted within the licensees' licensure and in
				accordance with the Public School Code.
D. A reciprocal participant shall not be
				subject to arrest, prosecution or penalty in any manner for the possession of
				or the medical use of cannabis if the quantity of cannabis does not exceed the
				limit identified by department rule.