New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 3 - REGISTRY IDENTIFICATION CARDS › Section 7.34.3.17 - EXEMPTION FROM STATE CRIMINAL AND CIVIL PENALTIES FOR THE MEDICAL USE OF CANNABIS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Possession of, or application for, a registry identification card shall not
				constitute probable cause or give rise to reasonable suspicion for any
				governmental agency to search the person or property of the person possessing
				or applying for the card.
B. A
				qualified patient shall not be subject to arrest, prosecution, or penalty in
				any manner by the state of New Mexico or a political subdivision thereof for
				the possession of or the use of medical cannabis if the quantity of cannabis,
				concentrates, or cannabis-derived products does not exceed an adequate supply
				as defined by rule; provided that a qualified patient or the qualified
				patient's primary caregiver may collectively possess that qualified patient's
				harvest of cannabis.
C. A primary
				caregiver shall not be subject to arrest, prosecution, or penalty in any manner
				for the possession of cannabis by the state of New Mexico, or a political
				subdivision thereof, for the medical use by the qualified patient if the
				quantity of cannabis, concentrates, or cannabis-derived products does not
				exceed an adequate supply as defined by rule.
D. A qualified patient or a primary caregiver
				shall be granted the full legal protections provided under the Lynn and Erin
				Compassionate Use Act, Section 26-2B-1
et seq
., NMSA 1978, by
				the state of New Mexico if the qualified patient or primary caregiver is in
				possession of a valid registry identification card. If the qualified patient or
				primary caregiver is not in possession of a valid registry identification card,
				the qualified patient or primary caregiver shall be given an opportunity to
				produce the registry identification card before any arrest, or criminal
				charges, or other penalties are initiated.
E. A practitioner shall not be subject to
				arrest or prosecution, penalized in any manner, or denied any right or
				privilege by the state of New Mexico, or political subdivision thereof, for
				recommending the medical use of cannabis, or providing written certification
				for the medical use of cannabis pursuant to this rule and the act.
F. Any property interest that is possessed,
				owned, or used in connection with the medical use of cannabis, or acts
				incidental to such use, shall not be harmed, neglected, injured, or destroyed
				while in the possession of New Mexico state or local law enforcement officials.
				Any such property interest shall not be forfeited under any New Mexico state or
				local law providing for the forfeiture of property except as provided in the
				Forfeiture Act. Cannabis, cannabis-derived products, 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 the
				act, as may be evidenced by a failure to actively investigate the case, a
				decision not to prosecute, the dismissal of charges, or acquittal.
G. A person shall not be subject to arrest or
				prosecution by the state of New Mexico, or political subdivision thereof, for a
				cannabis-related offense for being in the presence of the medical use of
				cannabis as permitted under the provisions of this rule and the
				act.