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Caregiver Application |
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1190 St. Francis Drive Suite S1203 Santa Fe, NM 87502 Fax: (505) 827-2862 |
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Q: What are the conditions that make me
eligible for the program?
A: Currently, there are 15 qualifying conditions: severe chronic
pain, painful peripheral neuropathy, intractable nausea/vomiting,
severe anorexia/cachexia, hepatitis C infection currently receiving
antiviral treatment, Crohn’s disease, Post-traumatic Stress
Disorder, Amyotrophic Lateral Sclerosis (Lou Gehrig’s disease),
cancer, glaucoma, multiple sclerosis, damage to the nervous tissue
of the spinal cord with intractable spasticity, epilepsy, HIV/AIDS
and hospice patients.
Q: How do I apply for the Medical Cannabis
Program?
A: Your physician must certify that you have an eligible condition,
that the condition is debilitating and can not be helped by standard
treatments, and that the benefits of medical cannabis usage outweigh
the detriments. For post traumatic stress disorder, a psychiatrist’s
diagnosis must be included. For glaucoma, an ophthalmologist
must provide the diagnosis. For chronic pain, you need objective
proof of severe chronic pain (X-rays, CT scans, MRIs) and receive
two recommendations, one from your primary care physician and
one from a specialist consulting on your case. The program has
30 days to review your application starting from when the program
receives your complete application. If the Medical Director approves
your application, the program will issue you a registry ID card.
Application forms are available online at http://www.nmhealth.org/marijuana.html
or by calling (505) 827-2321.
Q: If I suffer from one of the eligible
conditions, am I automatically a certified patient?
A: No. Your medical provider must recommend medical cannabis
for your condition and you must submit an application for the
program with all the required forms.
Q: Does my medical provider need a special
certification to write a recommendation for medical cannabis?
A: No. Any medical doctor (MD), doctor of osteopathy (DO) or
nurse practitioner who can prescribe medicine in New Mexico can
write a referral for the Medical Cannabis Program.
Q: Can you refer me to a doctor who can
certify me for the Medical Cannabis Program?
A: No, the program is not able to refer you to any medical providers.
Q: How much medical cannabis can I possess?
A: Six ounces of medical cannabis. You can have more than six
ounces of useable medical cannabis if you provide the Department
of Health with a letter of special need from your certifying
medical provider. This letter must explain why you need a larger
amount and must specify what amount your medical provider thinks
you need.
Q: Can I produce my own supply of medical
cannabis?
A: Yes, patients can apply for a license to do produce their
own medical cannabis. If you are approved, you can have four
mature plants and 12 seedlings. The definitions of seedlings
and mature plants can be found in New Mexico Administrative Code
7.34.4. Copies of these regulations are sent out with each patient
production license Patients can only produce for themselves,
it is illegal to distribute to anyone else. Patient production
must conform to the plan described by the patient in their application
for a personal production license. Caregivers cannot produce
medical cannabis for patients. Caregivers can only help patients
produce medical cannabis at the patient’s residence or on
the patient’s property.
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Q: What is a caregiver?
A: A caregiver is someone who a patient empowers to help them
manage their medical care and medication. Registered caregivers
are issued cards that allow them to possess, but not to use,
up to six (6) ounces of medical cannabis on behalf of their patient.
Caregivers cannot produce medical cannabis for patients. Caregivers
can, however, help patients grow under the terms specified in
the patient’s application for a production license.
Q: Can a caregiver register in the Medical
Cannabis Program?
A: Yes. Your caregiver can apply to the Medical Cannabis Program.
Registered caregivers are issued cards that protect them from
arrest and prosecution for the possession of medical cannabis
under State Law. All caregiver applicants are required to undergo
background checks before they are approved.
Q: How long can I be on the Medical Cannabis
Program?
A: Your registry ID card for the Medical Cannabis Program will
be valid for one year from the date it is issued. You must reapply
to the program no less than 30 days before the expiration date
of your existing registry ID card. Patient production licenses
are only valid for current patients and also must be renewed
yearly.
Q: Is there a fee for applying to the Medical
Cannabis Program?
A: No. There is no fee to apply to the program, but patients
will be responsible for their medical costs associated with applying.
However, there is a $15 fee for a patient production license,
if the applicant makes over 400% of the Federal Poverty Guidelines
for their household.
Q: Can other conditions be added to the
list?
A: Yes. Patients can petition the Medical Advisory Board which
will make recommendations to the Secretary of Health. The Secretary
will add new conditions if there is sufficient scientific evidence
that the conditions could be helped by medical cannabis and that
the addition of new conditions meets the purpose of the state
law, which is to provide relief from pain and suffering associated
with debilitating medical conditions. Petition requirements are
available online at http://www.nmhealth.org/marijuana.html or
by calling (505) 827-2321.
Q: Is my confidentiality protected if I
am approved for medical cannabis?
A: Yes. We keep patient and primary caregiver information confidential.
The program will only share information with state or local law
enforcement agencies to verify that a patient or primary caregiver
can legally have and use medical cannabis.
Q: What legal rights does the program provide?
A: The Medical Cannabis Program protects patients from arrest
and prosecution for the possession and use of medical cannabis
under State Law. Caregivers are protected from prosecution for
possession of medical cannabis while transporting it to a registered
patient. Approved nonprofit producers will be protected from
arrest and prosecution for the production, possession and distribution
of medical cannabis to approved patients and caregivers. The
program does not protect patients, caregivers or producers from
federal laws.
Q: Can I use medical cannabis anywhere
in New Mexico?
A: No. It is illegal to possess or use medical cannabis in a
public vehicle, on school grounds or property, in the workplace
of the patient or primary caregiver, or at a public park, recreation
center, youth center or other public place. The law does not
provide protection on federal property such as airports, immigration
check-points and federal parks. It is still illegal to operate
a motor vehicle while under the influence of cannabis.
Q: Where can I legally get medical cannabis
if I can’t produce my own supply?
A: Once a patient is approved we provide them with information
about how to contact the licensed producers to receive medical
cannabis.
Q: Why can’t I go to a pharmacy to
fill a prescription for medical cannabis?
A: Pharmacies can only dispense medications that are prescribed.
Marijuana is currently classified by the federal government as
a Schedule I drug, which means it cannot be prescribed by any
health care professional. New Mexico law allows doctors to recommend
medical cannabis for patients to be able to possess medical cannabis
under State law.
Q: Am I protected under New Mexico law
if I’m visiting another state and using my medical cannabis?
A: No. You are only protected from arrest and prosecution for
the possession and use of medical cannabis under State Law while
in New Mexico.
Q: Are cards from other state medical cannabis
programs valid in New Mexico?
A: No. Only cards issued through the New Mexico Medical Cannabis
Program are considered valid in New Mexico. New Mexico currently
has no reciprocity agreements with any other medical cannabis
state.
Q: I live in another state and have one
of the eligible conditions. Can I apply?
A: No. Only New Mexico residents can apply for the Medical Cannabis
Program. When applying for the program you must have a New Mexico
driver’s license, state issued photo identification or federal
issued photo identification card verifying New Mexico residence.
Q: How can I become a medical cannabis
nonprofit state licensed producer?
A: You must apply as a registered nonprofit business to produce
medical cannabis for registered New Mexico Medical Cannabis patients.
Proposal requirements are available online at http://www.nmhealth.org/marijuana.html
or by calling (505) 827-2321. Proposals undergo strenuous review.
If proposals are determined to meet all requirements and are
accepted by a review panel then a site visit may be conducted.
The Secretary of Health makes the final determination for approval
of licensure based on public safety and patient demand.
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Q: Does the Medical Cannabis Program give free legal advice?
A: No. Patients must seek out legal advice or hire an attorney
on their own.
Q: Does the Medical Cannabis Program give
business formation advice?
A: No. The Medical Cannabis Program can only answer questions
about the application. Questions regarding non-profit business
registration or other business formation questions must be researched
by the applicant.
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