Section 26-2B-3 - Definitions. - New Mexico Statutes

26-2B-3. Definitions.

As used in the Lynn and Erin Compassionate Use Act [26-2B-1 NMSA 1978]:

A.     "adequate supply" means an amount of cannabis, in any form approved by the department, possessed by a qualified patient or collectively possessed by a qualified patient and the qualified patient's primary caregiver that is determined by rule of the department to be no more than reasonably necessary to ensure the uninterrupted availability of cannabis for a period of three months and that is derived solely from an intrastate source;

B.     "debilitating medical condition" means:

(1)     cancer;

(2)     glaucoma;

(3)     multiple sclerosis;

(4)     damage to the nervous tissue of the spinal cord, with objective neurological indication of intractable spasticity;

(5)     epilepsy;

(6)     positive status for human immunodeficiency virus or acquired immune deficiency syndrome;

(7)     admitted into hospice care in accordance with rules promulgated by the department; or

(8)     any other medical condition, medical treatment or disease as approved by the department;

C.     "department" means the department of health;

D.     "licensed producer" means any person or association of persons within New Mexico that the department determines to be qualified to produce, possess, distribute and dispense cannabis pursuant to the Lynn and Erin Compassionate Use Act and that is licensed by the department;

E.     "practitioner" means a person licensed in New Mexico to prescribe and administer drugs that are subject to the Controlled Substances Act [30-31-1 NMSA 1978];

F.     "primary caregiver" means a resident of New Mexico who is at least eighteen years of age and who has been designated by the patient's practitioner as being necessary to take responsibility for managing the well-being of a qualified  patient with respect to the medical use of cannabis pursuant to the provisions of the Lynn and Erin Compassionate Use Act;

G.     "qualified patient" means a resident of New Mexico who has been diagnosed by a practitioner as having a debilitating medical condition and has received written certification and a registry identification card issued pursuant to the Lynn and Erin Compassionate Use Act; and

H.     "written certification" means a statement in a patient's medical records or a statement signed by a patient's practitioner that, in the practitioner's professional opinion, the patient has a debilitating medical condition and the practitioner believes that the potential health benefits of the medical use of cannabis would likely outweigh the health risks for the patient.  A written certification is not valid for more than one year from the date of issuance.