N.M. Admin. Code § 7.34.3.7

Current through Register Vol. 35, No. 23, December 10, 2024

Section 7.34.3.7 - DEFINITIONS

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 30-31-1et 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-1et 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]

N.M. Admin. Code § 7.34.3.7

7.34.3.7 NMAC - Rp, 7.34.3.7 NMAC, 12/30/2010, Amended by New Mexico Register, Volume XXVI, Issue 04, February 27, 2015, eff. 2/27/2015, Amended by New Mexico Register, Volume XXVII, Issue 04, February 29, 2016, eff. 2/29/2016, Amended by New Mexico Register, Volume XXX, Issue 16, August 27, 2019, eff. 8/27/2019, Amended by New Mexico Register, Volume XXXI, Issue 12, June 23, 2020, eff. 6/23/2020, Amended by New Mexico Register, Volume XXXIII, Issue 04, February 22, 2022, eff. 2/22/2022