New Mexico Administrative Code
Title 7 - HEALTH
Chapter 34 - MEDICAL USE OF CANNABIS
Part 3 - REGISTRY IDENTIFICATION CARDS
Section 7.34.3.7 - DEFINITIONS
Universal Citation: 7 NM Admin Code 7.34.3.7
Current through Register Vol. 35, No. 18, September 24, 2024
A. Definitions beginning with "A":
(1)
"Act" means the Lynn and
Erin Compassionate Use Act, Sections
26-2B-1
through
26-2B-10,
NMSA 1978.
(2)
"Adequate
supply" means an amount of cannabis, in a 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.
(3)
"Administrative review
committee" means an intra-department committee that reviews qualified
patient or primary caregiver application denials in accordance with department
rules. The administrative review committee shall consist of the chief medical
officer of the department (or that's person's designee); a deputy secretary of
the department (or that person's designee), and the chief nursing officer of
the department (or that person's designee).
(4)
"Administrative withdrawal"
means the procedure for the voluntary withdrawal of a qualified patient or
primary caregiver from the medical cannabis program.
(5)
"Advisory board" means the
medical cannabis advisory board consisting of nine practitioners knowledgeable
about the medical use of cannabis, who are appointed by the
secretary.
(6)
"Applicant" means any person applying for enrollment or
re-enrollment in the medical cannabis program as a qualified patient or primary
caregiver.
B. Definitions beginning with "B": [RESERVED]
C. Definitions beginning with "C":
(1)
"Cannabis" means:
(a) means all parts of the plant Cannabis
containing a delta-9-tetrahydrocannabinol concentration of more than
three-tenths percent on a dry weight basis, whether growing or not; the seeds
of the plant; the resin extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture or preparation of the plant,
its seeds or its resin; and
(b)
does not include the mature stalks of the plant; fiber produced from the
stalks; oil or cake made from the seeds of the plant; any other compound,
manufacture, salt, derivative, mixture or preparation of the mature stalks,
fiber, oil or cake; the sterilized seed of the plant that is incapable of
germination; the weight of any other ingredient combined with cannabis to
prepare topical or oral administrations, food, drink or another product; or
hemp;
(2)
"Cannabis-derived product" or "cannabis product" means
(a) means a product that contains cannabis,
including edible or topical products that may also contain other ingredients;
and
(b) does not include the weight
of any other ingredient combined with cannabis or cannabis extract to prepare
topical or oral administrations, food, drink or another
product.
(3)
"CBD" means cannabidiol, a cannabinoid and the primary
non-psychoactive ingredient found in cannabis.
(4)
"CBDA" means cannabidiolic
acid, a non-psychoactive ingredient found in cannabis and an acid precursor to
CBD.
D. Definitions beginning with "D":
(1)
"Debilitating medical condition" means:
(a) cancer;
(b) glaucoma;
(c) multiple sclerosis;
(d) damage to the nervous tissue of the
spinal cord, with objective neurological indication of intractable
spasticity;
(e) seizure disorder,
including epilepsy;
(f) positive
status for human immunodeficiency virus or acquired immune deficiency
syndrome;
(g) admitted into hospice
care in accordance with rules promulgated by the department;
(h) amyotrophic lateral sclerosis;
(i) Crohn's disease;
(j) hepatitis C infection;
(k) Huntington's disease;
(l) inclusion body myositis;
(m) inflammatory autoimmune-mediated
arthritis;
(n) intractable nausea
or vomiting;
(o) obstructive sleep
apnea;
(p) painful peripheral
neuropathy;
(q) Parkinson's
disease;
(r) posttraumatic stress
disorder;
(s) severe chronic
pain;
(t) severe anorexia or
cachexia;
(u) spasmodic
torticollis;
(v) ulcerative
colitis; or
(w) any other medical
condition, medical treatment, or disease as approved by the department which
results in pain, suffering, or debility for which there is credible evidence
that medical use cannabis could be of benefit.
(2)
"Department" means the
department of health or its agent.
(3)
"Diversion" means the
unlawful transfer of a cannabis plant, plant material, or cannabis-derived
product.
(4)
"Dried usable
cannabis" means the dried leaves, flowers, and trim of the female
cannabis plant, but does not include the seeds, stalks, or roots of the
cannabis plant.
(5)
"Dry
weight basis" means a process by which delta-9-tetrahydrocannabinol
concentration is measured relative to the aggregate weight of all parts of the
plant genus Cannabis, whether growing or not, including the leaves of the
plant, the flowers and buds of the plant, the seeds of the plant, the resin of
the plant and the stalks of the plant, at the point of harvest and with no
moisture added to the harvested plant;
E. Definitions beginning with "E": [RESERVED]
F. Definitions beginning with "F": [RESERVED]
G. Definitions beginning with "G": [RESERVED]
H. Definitions beginning with "H": "Hemp" means the plant cannabis sativa L. and any part of the plant, whether growing or not, containing a delta-9-tetrahydrocannabinol concentration of no more than three-tenths percent on a dry weight basis;
I. Definitions beginning with "I":
(1)
"Intrastate" means existing
or occurring within the state boundaries of New Mexico.
(2)
"Inversion" means the
unlawful acquisition of a cannabis plant, plant material, or cannabis-derived
product.
J. Definitions beginning with "J": [RESERVED]
K. Definitions beginning with "K": [RESERVED]
L. Definitions beginning with "L": "Licensee" means any person licensed by the New Mexico Cannabis Control Division pursuant to the Cannabis Regulation Act, Sections 26-2C-1 through 26-2C-42 NMSA 1978, who is authorized by that license to sell cannabis to qualified patients, primary caregivers, and reciprocal participants.
M. Definitions beginning with "M":
(1)
"Medical cannabis program"
means the program established pursuant to the Lynn and Erin Compassionate Use
Act for authorization and regulation of the medical use of cannabis in the
state.
(2)
"Medical cannabis
program director" means the administrator of the medical cannabis
program who holds that title.
(3)
"Medical director" means a medical practitioner designated by the
department to determine whether the medical condition of an applicant qualifies
as a debilitating medical condition eligible for enrollment in the program, and
to perform other duties.
(4)
"Medical provider certification for patient eligibility form"
means a written certification form provided by the medical cannabis program
signed by a patient's practitioner that, in the practitioner's professional
opinion, the patient has a debilitating medical condition as defined by the act
or this part and would be anticipated to benefit from the use of
cannabis.
(5)
"Minor"
means an individual who is less than 18 years of age.
N. Definitions beginning with "N": [RESERVED]
O. Definitions beginning with "O": [RESERVED]
P. Definitions beginning with "P":
(1)
"Paraphernalia"
means any equipment, product, or material of any kind that is primarily
intended or designed for use in compounding, converting, processing, preparing,
inhaling, or otherwise introducing cannabis or its derivatives into the human
body.
(2)
"Patient
enrollment/re-enrollment form" means the registry identification card
application form for patient applicants provided by the medical cannabis
program.
(3)
"Petitioner" means any New Mexico resident or association of New
Mexico residents petitioning the advisory board for the inclusion of a new
medical condition, medical treatment, or disease to be added to the list of
debilitating medical conditions that qualify for the use of cannabis.
(4)
"Practitioner" means a
person licensed in New Mexico to prescribe and administer drugs that are
subject to the Controlled Substances Act, Sections
30-31-1
et seq., NMSA 1978.
(5)
"Primary caregiver" means a
resident of New Mexico who is at least 18 years of age and who has been
designated by the qualified patient or their representative and 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, Section
26-2B-1
et seq., NMSA 1978.
(6)
"Primary caregiver application
form" means the registry identification card application form provided
by the medical cannabis program.
Q. Definitions beginning with "Q": "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 pursuant to the Lynn and Erin Compassionate Use Act on the basis of having been diagnosed, in person or via telemedicine, by a practitioner as having a debilitating medical condition.
R. Definitions beginning with "R":
(1)
"Recall" means to request
the return of a product after the discovery of a safety issue or product
defect.
(2)
"Reciprocal
limit" means the quantity of cannabis and cannabis products that a
reciprocal participant can use and possess in a given year pursuant to
department rule.
(3)
"Reciprocal participant" means a person who is not a resident of
New Mexico and who holds proof of enrollment by a governmental regulatory
authority to participate in the medical cannabis program of another state of
the United States, the District of Columbia or a territory or commonwealth of
the United States in which the person resides or a person who holds proof of
enrollment by a governmental regulatory authority of a New Mexico Indian
nation, tribe or pueblo to participate in its medical cannabis
program;
(4)
"Registry
identification card" means a document in printed or electronic form that
the department issues:
(a) to a qualified
patient that identifies the bearer as a qualified patient and authorizes the
qualified patient to use cannabis for a debilitating medical condition;
or
(b) to a primary caregiver that
identifies the bearer as a primary caregiver authorized to engage in the
intrastate possession and administration of cannabis for the sole use of a
qualified patient who is identified on the document.
(5)
"Representative" means an
individual designated as the applicant's or petitioner's agent, guardian,
surrogate, or other legally appointed or authorized health care decision
maker.
S. Definitions beginning with "S":
T. Definitions beginning with "T":
(1)
"THC" means
tetrahydrocannabinol, a substance that is the primary psychoactive ingredient
in cannabis.
(2)
"Technical
evidence" means scientific, clinical, medical, or other specialized
testimony, or evidence, but does not include legal argument, general comments,
or statements of policy or position concerning matters at issue in the
hearing.
(3)
"Telemedicine" means the use of telecommunications and information
technology to provide clinical health care from a site apart from the site
where the patient is located, in real time or asynchronously, including the use
of interactive simultaneous audio and video or store-and-forward technology, or
off-site patient monitoring and telecommunications in order to deliver health
care services.
U. Definitions beginning with "U":
(1)
"Unit" means a quantity of
usable cannabis, concentrate, or cannabis-derived product that is used in
identifying the maximum supply that a qualified patient may possess for
purposes of department rules.
(2)
"Usable cannabis" means the dried leaves and flowers of the female
cannabis plant and cannabis-derived products, including concentrates, but does
not include the seeds, stalks, or roots of the plant.
V. Definitions beginning with "V": [RESERVED]
W. Definitions beginning with "W":
(1)
"Wastage" means the
destruction of usable cannabis or cannabis plants;
(2)
"Written certification"
means a statement made on a department-approved form and signed by a patient's
practitioner that indicates, in the practitioner's professional opinion, that
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.
X. Definitions beginning with "X": [RESERVED]
Y. Definitions beginning with "Y": [RESERVED]
Z. Definitions beginning with "Z" [RESERVED]
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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