What are the qualifying conditions that make a person eligible for the Medical Cannabis Program?

Currently there are 20 medical conditions that make a person eligible for the Medical Cannabis Program. The medical conditions are: Amyotrophic Lateral Sclerosis (ALS), Cancer, Crohn’s Disease, Epilepsy, Glaucoma, Hepatitis C Infection currently receiving antiviral treatment (proof of current anti-viral treatment required), HIV/AIDS, Huntington’s Disease, Hospice Care, Inclusion Body Myositis, Inflammatory autoimmune-mediated arthritis, Multiple Sclerosis, Damage to the nervous tissue of the spinal cord, with (proof of objective neurological indication of intractable spasticity required), Painful Peripheral Neuropathy, Parkinson’s disease, Post-Traumatic Stress Disorder, Severe Chronic Pain, Severe Anorexia/Cachexia, Spasmodic Torticollis (Cervical Dystonia), Ulcerative Colitis.

Can other medical conditions be added to the list of qualifying medical conditions for the Medical Cannabis Program?

Yes, the Medical Advisory Board can be petitioned with a request to add a new medical condition to the list of qualifying medical conditions for the Medical Cannabis Program. The Medical Advisory Board will hold a public meeting about the condition where the petitioner, or anybody from the public, is allowed to present evidence to the board about the benefits of cannabis relating to the medical condition. The board members will then decide whether or not they think medical cannabis is a viable treatment for the medical condition. Once the Medical Advisory Board reaches a decision they will submit the recommendation to the Secretary of the Department of Health for consideration. In order for the medical condition to be added to the list of qualifying medical conditions it must be approved by both the Medical Advisory Board and the Secretary of the Department of Health.

If I have one of the qualifying medical conditions am I automatically certified for the Medical Cannabis Program?

No. First you must receive a certification from medical provider stating that you have one of the qualifying medical conditions. Then you must submit an application to New Mexico Department of Health's Medical Cannabis Program administrator's office along with all the required forms.

What does a medical cannabis certification, or to be certified for the Medical Cannabis Program mean? Is a certification the same as a referral?

A medical cannabis certification, or to be certified for the Medical Cannabis Program, means that the patient has received an evaluation from a medical provider attesting that the patient has one of the qualifying medical conditions and that the medical provider is referring the patient for the medical cannabis program. A referral or recommendation have the same meaning as certify or certification for the Medical Cannabis Program.

What do I need to obtain a certification or referral for the Medical Cannabis Program?

In order to receive a certification or referral for the Medical Cannabis Program all the following criteria must be met:

How do I apply for the Medical Cannabis Program in New Mexico?

In order to apply for the Medical Cannabis Program you must obtain a certification (or referral) from a medical provider (see above). Once you have obtained a medical cannabis certification from a medical provider you must submit an application to the New Mexico Department of Health's Medical Cannabis Program administrator's office with all of the required paperwork including the medical cannabis certification.

What is a Patient Enrollment Card?

A Patient Enrollment Card, or medical cannabis card as it's often called, is a card that is given to qualifying patients upon being approved for the Medical Cannabis Program. The patient is required to have this card with them whenever they are in possession of cannabis or

What paperwork/forms are required to apply for a medical cannabis card in New Mexico?

In order to apply for a medical cannabis card in New Mexico you will need the following:

Can a minor enroll in the New Mexico Medical Cannabis Program?

Yes. A minor can enroll in the New Mexico Medical Cannabis Program as long as their parent is enrolled as the minor's caregiver.

Is there a way to expedite my medical cannabis application?

No. In order to be fair the medical cannabis applications are processed in the order in which they are received.

How long does it take to receive an answer back from the New Mexico Medical Cannabis Program as to whether or not my medical cannabis application was approved or denied?

The New Mexico Medical Cannabis Program has 30 days to review your medical cannabis application. The 30 day period starts as soon as the New Mexico Medical Cannabis Program receives your medical cannabis application. If the medical cannabis application is not properly filled out or their is missing information such as medical records or a valid New Mexico driver's license or state ID then the applicant must resubmit the medical cannabis application and the 30 day period will be reset.

What happens if my medical cannabis application was not filled out correctly?

If you medical cannabis application was not properly filled out or if there is missing information such as medical records or a valid New Mexico driver's license or ID then a letter will be sent to the applicant letting them know what information is missing or if the form was filled out incorrectly. The applicant will then be able to correct the errors or send in the missing information and resubmit the application.

What happens at the end of the 30 day period?

After 30 days the patient should receive either a valid New Mexico MCP Registry ID if the application has been approved. If the application was denied then the applicant will receive a letter explaining why the application was denied. If you have not received a response after the 30 day period then you can contact the New Medical Cannabis by phone and request a status update.

What happens if my application is denied? Is there anything I can do if my application gets denied?

If your medical cannabis application is denied you will receive a letter explaining why the medical cannabis application was denied. A person may not reapply for the New Mexico Medical Cannabis Program until at least 6 months after the date of denial, unless otherwise authorized by the New Mexico Department of Health. Please see NMAC 7.34.3.11 for more information.

Can I get a status update on my medical cannabis application? How can I check the status of my medical cannabis application?

Yes, but please wait until at least 30 days from the date the medical cannabis application was submitted. After 30 days you can send in a request for a status update by sending an email or calling the New Mexico Department of Health's Medical Cannabis Program office. Due to privacy concerns the office will only respond to a request for a status update by phone.

How can be sure that my medical cannabis application was received?

If you would like to know whether or not your medical cannabis application was received you can send a self-addressed stamped envelope with your application and the New Mexico Department of Health's Medical Cannabis Program office will send you a receipt. However, please note that if the mail is sent certified or registered that the main mail room at the New Mexico Department of Health will be the first to receive the mail, and that it may take an additional business day or two before it is received by the New Mexico Department of Health Medical Cannabis Program office.


Replacement Cannabis Cards and Renewal Information

What do I do if I have received my medical cannabis card and my name is misspelled or other information is wrong?

If there is any information on your medical cannabis card that is incorrect then please contact the New Mexico Department of Health Medical Cannabis Program's office. The New Mexico Department of Health Medical Cannabis Program staff will review your application for any erroneous information. If there is any information on your card that was wrongly entered by the New Mexico Department of Health Medical Cannabis Program staff then your card will be reprinted with the correct information and sent to you. If the information on your medical cannabis card is the same as in the medical cannabis application that you submitted and the error originates from the application, then you will need to fill out a change of information form and submit that form along with the incorrect cards to the New Mexico Department of Health Medical Cannabis Program office so that the card can be reprinted and mailed to you.

What do I do if I lose my medical cannabis card?

If you have lost your medical cannabis card then you will need to complete a change of address/replacement card form and submit it to the New Mexico Department of Health Medical Cannabis Program office, and a replacement medical cannabis card will be sent to you as soon as possible.

If I have moved, how do I change my information on my medical cannabis card to my new address?

If you have moved and your current address no longer matches your present address then please fill out a change of address/replacement card form and send the form, along with your old medical cannabis card, to the New Mexico Department of Health Medical Cannabis Program office, and they will send you an updated medical cannabis card as soon as possible.

How long is my New Mexico MCP Registry ID (or medical cannabis card) valid?

Your New Mexico MCP Registry ID (or medical cannabis card) is valid for one year starting from the date that it was issued. If you want to keep your medical cannabis card valid after one year then you must re-enroll in the medical cannabis program no less than 30 days prior to your medical cannabis card's expiration.

Why haven't I received my new medical cannabis card after yet after sending in my re-enrollment paperwork?

If you have sent in your re-enrollment paperwork your new medical cannabis card will not be sent out until the week before your old card expires. If you sent your re-enrollment paperwork after your card has expired then your information will be processed in the order in which it was received and your new card will be sent to you as soon as it is printed.

What happens if my medical cannabis card has expired and I haven't sent in my re-enrollment paperwork?

If your medical cannabis card is expired then your enrollment in the New Mexico Department of Health Medical Cannabis Program will lapse and there will be no legal protection offered by the Lynn and Eric Compassionate Use Act. You may still submit your re-enrollment paperwork and they will be processed in the order in which they are received.

Medical Cannabis Patient's Rights and Responsibilities

Is my information kept confidential when I join the Medical Cannabis Program?

Yes. The New Mexico Department of Health Medical Cannabis Program keeps your information confidential and only shares it with state and local law enforcement agencies in order to verify that the person is a qualified patient or caregiver and legally allowed to carry cannabis for medicinal purposes.

Can I use medical cannabis anywhere in New Mexico?

No. You may not possess or use medical cannabis in the following places:

Can I operate a motor vehicle under the influence of cannabis if I have a medical cannabis card?

No. It is still illegal to operate a motor vehicle under the influence of cannabis.

Can I go to a pharmacy and buy medical cannabis?

No. Cannabis is still classified as a Schedule I narcotic by the federal government and cannot be sold in pharmacies. Medical cannabis is not considered a prescription drug but rather an alternative treatment recommended by a doctor. Since cannabis is classified as a Schedule I narcotic it cannot be prescribed by any health care professional. New Mexico law allows medical practitioners to recommend that patients be able to possess cannabis for medicinal purposes.

Where can I legally get medical cannabis in New Mexico?

Once your medical cannabis application is approved you will be sent a list of licensed nonprofit producers that you can legally obtain medical cannabis from. When new producers are licensed the state will send out the new producer's contact information approximately 6-8 weeks after the producer has received their license.

What can I do if I lost the contact list for licensed nonprofit producers?

If you lose the list of licensed nonprofit producers you may obtain a copy by sending in a self-addressed stamped envelope to the New Mexico Department of Health Medical Cannabis Program office. The letter must be addressed with the same address that appears on your medical cannabis card. The New Mexico Department of Health Medical Cannabis Program will not send the information to any other address. Please note that the list of licensed nonprofit producers are to be kept confidential and only released to licensed patients.

If I have my medical cannabis card, how much medical cannabis may I possess?

You may possess up to 6 ounces over a 3 month period unless otherwise approved by the New Mexico Department of Health Medical Cannabis Program.

How can I possess more than six ounces legally?

In order to legally possess more than 6 ounces you must have your medical provider submit a letter to the New Mexico Department of Health requesting an increase and the medical practitioner must state how much medical cannabis the patient requires on a monthly and that it is medically necessary.


Growing Medical Cannabis (Personal Production Licenses)

Can I produce my own medical cannabis in New Mexico?

Yes, if you have a Personal Production License.

How do I get a Personal Production License so that I can grow my own medical cannabis?

In order to get a Personal Production License you must first fill out a Personal Production Application form and submit it to the New Mexico Department of Health Medical Cannabis Program office along with your Medical Cannabis Patient Application. Once your Personal Production Application has been approved you will receive a Personal Production License in the mail. The Personal Production License is processed separately and may take additional time to receive.

How many medical cannabis plants can I grow in New Mexico?

You can grow up to 16 cannabis plants in New Mexico. Only 4 of the cannabis plants are allowed to be mature flowering plants and the other 12 cannabis plants must be kept as seedlings, clones, or non-flowering plants.

Where can I grow my own supply of medical cannabis in New Mexico?

You may only grow cannabis plants at your own residence or at a property which is owned by you. You may only grow cannabis in one location and your grow must conform to the plan described in the Personal Production Application that you submitted to the New Mexico Department of Health Medical Cannabis Program office.

How much does it cost to apply for a Personal Production License?

If your personal income is less than 200% of the federal poverty guideline then there is no enrollment fee for the Personal Production License. However, if your personal income is more than 3005 of the federal poverty guideline then there is a $30.00 annual non-refundable fee that must be submitted with the Personal Production Application.

Why haven't I received my Personal Production License in the mail with my MCP Registry ID?

Medical Cannabis Patient Applications and Medical Cannabis Personal Production Applications are processed separately and may arrive in the mail at different times. The Personal Production License may take up to an additional 30 days before it is received.

How long is my Personal Production License valid?

Personal Production Licenses are only valid for current patients and must be renewed each year along with your medical cannabis card.

Is it legal to grow cannabis for other patients in New Mexico?

No. If you have a Personal Production License you may only grow cannabis for yourself. It is illegal to distribute your own cannabis to anyone else in any way.

What do I need to do if I change my plan with regard to my Personal Production License?

If any of your grow plans have changed from the plan detailed in your Personal Production Application then you must submit a new Personal Production License Application to the New Mexico Department of Health Medical Cannabis Program. This includes changes such as change of address, changes to security features, switching from an indoor grow to an outdoor grow, or any other change to the original plan submitted in the Personal Production License Application. Please note that if you have changed address then you must also complete a change of address form as well.

In terms of the New Mexico Medical Cannabis Program, what is a seedling?

The New Mexico Department of Health considers any non-flowering cannabis plant to be a seedling. This includes any cannabis plant, cutting, or clone that has roots or that is cultivated with the intention of growing roots.

In terms of the New Mexico Medical Cannabis Program, what is a mature cannabis plant?

In terms of the New Mexico Department of Health Medical Cannabis Program a mature plant is any female cannabis plant that is flowering or considered to be harvestable.