N.M. Admin. Code § 6.12.10.13

Current through Register Vol. 35, No. 21, November 5, 2024

Section 6.12.10.13 - EXEMPTION FROM STATE CRIMINAL AND CIVIL PENALTIES

In accordance with this rule and New Mexico department of health rules:

A. Designated school personnel shall be exempt from civil liability and are authorized within their scope of employment, and their licensure if applicable, to possess, store, and administer cannabis to qualified students in school settings for purposes of implementing the provisions of Section 22-33-5 NMSA 1978, this rule, the Lynn and Erin Compassionate Use Act, and New Mexico department of health rules regarding the Lynn and Erin Compassionate Use Act.

B. Designated school personnel shall be exempt from criminal liability, as the department of health deems public schools to be licensees, and deems designated school personnel to be licensee representatives, authorized within their scope of employment, and their licensure if applicable, to possess and store medical cannabis on behalf of qualified students, and to administer medical cannabis to qualified students in school settings, in accordance with Section 22-33-5 NMSA 1978, this rule, the Lynn and Erin Compassionate Use Act, and New Mexico department of health rules regarding the Lynn and Erin Compassionate Use Act. The department of health deems the public schools and designated school personnel to be entitled to immunity from arrest, prosecution or penalty, in any manner, for activities conducted within their scope of employment and their licensure, if applicable, and in accordance with the Public School Code.

N.M. Admin. Code § 6.12.10.13

Adopted by New Mexico Register, Volume XXX, Issue 16, August 27, 2019, eff. 8/27/2019