The state Health Department will hold a public hearing Sept. 8 at 9 a.m. at 1190 St. Francis Drive, in Santa Fe, to receive public comment on draft regulations that would establish rules for patient identification cards and a regulated system for the licensure, distribution and manufacturing of medical marijuana.
Written comments may also be submitted to Melissa Milam, 1190 St. Francis Drive, Suite S1202, Santa Fe, 87502 or Melissa.Milam@state.nm.us. The regulations are posted online at www.nmhealth.org/marijuana.html.
The newly proposed regulations provide for two kinds of licensed producers: a qualified patient who can produce the defined and adequate amount for personal use, and a non-profit private entity that operates a facility and is limited to 95 mature plants and seedlings at any time. The non-profit must sell marijuana at a consistent price without volume discounts. The Department secretary will consider the health needs of qualified patients and the public safety in determining the number and location of licenses approved.
The regulations include measures to prevent the unauthorized use of marijuana, including applicant criminal background checks, facility security measures, and monitoring and corrective action authority. The regulations also clearly establish that unauthorized use of marijuana will be referred to state law enforcement.
The proposed ID card program, which will also be discussed Sept. 8, allows patients to possess six ounces of medical marijuana to ensure a reasonable supply for three months. If the patient has a produce license, he or she can also have four mature plants and 12 seedlings. The Department has already made several changes based on public comment, including adding definitions for usable marijuana, revising a monitoring system to be more respectful of patients and adding an appeal process.
Since the program began in 2007, the Department has approved 169 applications from chronically ill patients who are eligible to receive medical marijuana to seek relief from their pain. The state law specifies what conditions patients must have to be eligible for medical marijuana. Of the approved applications, patients have the following conditions: 40, spinal cord damage with intractable elasticity; 39, HIV/AIDS; 36, cancer; 28, multiple sclerosis; 14, epilepsy and 12, glaucoma.