Earlier this week I came across a post from a specialty shop here locally in El Paso. This post basically read that starting Friday (tomorrow), Texas residents (or anyone living outside of New Mexico for that matter) will be able to get a New Mexico medical cannabis card. My first instinct was to comment “You have to have a New Mexico ID in order to obtain a card”, because that is what I knew from the law that has been in place for sometime in New Mexico.
I blew it off as misinformation and didn’t really dig into it. Fast forward to today. I get a call from Univision 26, a local news outlet. They wanted to do an interview with me regarding the New Mexico program. I was thinking “Okay, cool… they want to discuss the expansion in which they now allow 28 medical conditions, including treatment for opioid dependency. I got this.”
Little did I know, the interview was about New Mexico going to start allowing out of state patients (they even mentioned Juarez, Mexico) to get medical cannabis cards. I was shocked. I asked the reporter where she got her information and she said she had just met with representatives of Ultra Health, in Sunland Park, NM. So I did the interview and then called Ultra Health to clarify just what was going on.
Hector at Ultra Health told me that a “proposition” ( actually an amendment to the Lynn and Erin Compassionate Use Act) changed the wording in the law (not in those words, but basically meaning the same thing). So I researched a little more and a friend of a friend shared some info with me regarding the amendments and the new changes. So far, here is what I can tell is going on… don’t mark my words – but anyone may soon be able to get access to a medical cannabis card in New Mexico (don’t hold your breath). Check it out.
The photo above shows the definition for a “qualified patient”. Notice, the wording states that a qualified patient means a resident of New Mexico. Currently, the Lynn and Erin Compassionate Use Act only allows patients that are New Mexico residents with a New Mexico license or ID. Now, the amendment language that is set to go into effect tomorrow:
Do you see the change?
The current law defined a qualified patient as “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.”
The new amendment that was passed now defines a qualified patient as “a person 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; provided that a practitioner may only issue a written certification on the basis of an evaluation conducted via telemedicine if the practitioner has previously examined the patient in person.”
So the language was changed from “a resident of New Mexico” to “a person“. It seems that New Mexico may have just opened up the door for anyone to obtain a card in their medical cannabis program, either that, or lawsuits. Actually, the word “resident” is only mentioned on time in the amendment – under the definition of primary caregiver.
There was also the addition of reciprocity for card holders from other states. This is defined at a different point in the amendment and is separate from this issue above.
I am not an attorney, nor an expert on law – but having worked with bills and legislation over the last 6 years, my interpretation shows that if you are in fact “a person”, you should be able to have access to a New Mexico cannabis card, after approval from a New Mexico doctor. We shall see.
Just remember, IF this does go through as it is laid out – for those of you who live in Texas (or any other state that still keeps cannabis illegal) – you will be bound by those laws. I would hate to see a spike of cannabis related arrests in El Paso because there is a dispensary 4.20 minutes away in Sunland Park. Be smart!!!
I will update as more info becomes available. Word is that the New Mexico Department of Health will update their website tomorrow. Also, the NMDOH is neither confirming or denying at this moment.
UPDATE: If the language were to hold up, it wouldn’t go into effect until March 2020, the same time as the reciprocity law kicks in. Please remember, crossing state lines with cannabis is and can be a far greater charge than simple possession. Stay safe. More info as it becomes available.