Section 26-2B-5 - Prohibitions, restrictions and limitations on the medical use of cannabis; criminal penalties. - New Mexico Statutes

26-2B-5. Prohibitions, restrictions and limitations on the medical use of cannabis; criminal penalties.

A.     Participation in a medical use of cannabis program by a qualified patient or primary caregiver does not relieve the qualified patient or primary caregiver from:

(1)     criminal prosecution or civil penalties for activities not authorized in the Lynn and Erin Compassionate Use Act [26-2B-1 NMSA 1978];

(2)     liability for damages or criminal prosecution arising out of the operation of a vehicle while under the influence of cannabis; or

(3)     criminal prosecution or civil penalty for possession or use of cannabis:

(a)     in a school bus or public vehicle;

(b)     on school grounds or property;

(c)     in the workplace of the qualified  patient's or primary caregiver's employment; or

(d)     at a public park, recreation center, youth center or other public place.

B.     A person who makes a fraudulent representation to a law enforcement officer about the person's participation in a medical use of cannabis program to avoid arrest or prosecution for a cannabis-related offense is guilty of a petty misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.

C.     If a licensed producer sells, distributes, dispenses or transfers cannabis to a person not approved by the department pursuant to the Lynn and Erin Compassionate Use Act or obtains or transports cannabis outside New Mexico in violation of federal law, the licensed producer shall be subject to arrest, prosecution and civil or criminal penalties pursuant to state law.