Is CBD Oil Legal in New Mexico?

person Larry Ostrovsky
calendar_today Nov 12, 2018

Hemp-derived cannabidiol (CBD) oil is legal in New Mexico, as it has been in the rest of the U.S. since June 2018. This is because the U.S. Department of Justice's Drug Enforcement Administration (DEA) has reclassified CBD as "not marijuana" (and therefore legal) if extracted from certain parts of mature hemp plants. New Mexico cannabis laws are allowing for medical marijuana use with certain provisions. [1]

It is important to note that since federal law always trumps state law, nobody should be prosecuted if in possession of hemp-derived CBD oil. Yet it is also true that even if state law allows marijuana possession, you can still be charged under federal law, as national government classifies marijuana as an illegal Schedule I drug.

To further clarify, from Thomson Reuters' helpful FindLaw site:

"While federal law enforcement agencies have mostly left in-state marijuana cases to in-state authorities, the federal government may still enforce prohibitions on interstate cases of pot possession, manufacturing and cultivation, and trafficking and distribution...

...[S]tate marijuana laws still prohibit marijuana possession and sale in New Mexico, with penalties depending on the amount of pot involved, the location of the sale, and the criminal history of the seller." [2]

New Mexico Cannabis Laws

So, recreational marijuana use is still illegal in the Land of Enchantment. If it depended on the locals, though, this might soon change.

A recent poll, conducted by Research & Polling Inc, shows that over 60 percent of “likely, proven voters” in New Mexico support a measure to legalize marijuana, according to the Las Cruces Sun-News. [3]

For now, though, you will have to register with the state's Medical Cannabis Program (MCP) in order to avoid problems with New Mexico law enforcement.

As stated on the website of the New Mexico Department of Health (NMDoH), the Medical Cannabis Program was created under the so-called Lynn and Erin Compassionate Use Act. This Act was passed in 2007.

The site furthermore clarifies:

"The purpose of this Act is to allow the beneficial use of medical cannabis in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments.

The NMDOH administers the MCP in accordance with the Act while, at the same time, ensuring proper enforcement of any criminal laws for behavior that has been deemed illicit by the state. A Primary Caregiver (PC) may be designated by the Qualified Patient (QP) to take responsibility for managing the well-being of the QP in the use of medical cannabis." [4][5]

Recreational marijuana use is still illegal in New Mexico.

Lynn and Erin Compassionate Use Act

Who does the Act cover?

The Act protects—with certain provisions—qualifying patients, their caregivers, prescribing healthcare providers, and medical cannabis producers and distributors.

Where can I get the cannabis?

You can grow it yourself if you have a Qualified Personal Production License. This you can apply for through the NMDoH. Each patient is allowed sixteen plants—four grown/flowering, and twelve seedlings. Otherwise, you can buy it from a Licensed Non-Profit Producer (LNPP). Per three-month period, approximately eight ounces are allowed per patient.

Can I smoke it?

The Act allows you to ingest or take the cannabis as you see fit, with no restrictions.

Does the law protect me if I have cannabis at work?

No. Qualifying patients are not protected against prosecution for possession at any of the following locations (verbatim from the Act):

(a) in a school bus or public vehicle;

(b) on school grounds or property;

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

What if I don't have my medical cannabis ID card with me?

Regulations stipulate that you will be given reasonable time to produce your ID card before you are arrested or criminally charged. [5]

New Mexico Medical Cannabis Program

First, you need to ascertain that you will qualify as a patient. This means that you need to have been diagnosed with one or more of the following 22 debilitating medical conditions (taken verbatim from the NMDoH “Checklist and Instructions for Patient Applications” form):

Amyotrophic Lateral Sclerosis (ALS)
Cancer (please specify type in clinical notes)
Crohn’s disease
Epilepsy/seizure disorders
Glaucoma
HCV infection and receiving antiviral treatment currently (please provide proof of antiviral treatment in clinical notes)
HIV/AIDS
Huntington’s disease
Hospice care
Inclusion body myositis
Inflammatory autoimmune-mediated arthritis
Intractable nausea/vomiting
Multiple sclerosis
Damage to the nervous tissue of the spinal cord (please provide proof of objective neurological indication of intractable spasticity in clinical notes)
Painful peripheral neuropathy
Parkinson’s disease
Posttraumatic stress disorder
Severe chronic pain
Severe anorexia/cachexia
Spasmodic torticollis (cervical dystonia)
Ulcerative colitis
Obstructive sleep apnea [6]

First, you need to ascertain that you will qualify as a patient for the New Mexico medical cannabis program.

If you do not have a qualifying condition, but you feel you would still benefit from using cannabis for a particular health condition, you may petition the Medical Advisory Board to add your condition to the current list. The Board convenes twice a year to hear petitions of this kind.

If you do qualify, the next step would be to register for the program as a Qualifying Patient and be issued a Medical Cannabis ID card. All downloadable forms and instructions are available on the website of the New Mexico Department of Health.

So, the question "Is CBD oil legal in New Mexico?" should not puzzle you any longer. Thankfully, hemp-derived CBD is readily available and is 100% legal in all U.S. states. Cannabidiol gets taken by millions around the world for a great number of conditions, and it is generally considered safe for use even in high doses. That said, never replace prescribed medication without the knowledge and consent of your doctor.

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