N.M. Admin. Code § 6.12.10.7

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

Section 6.12.10.7 - DEFINITIONS

A."Cannabis" means all parts of the plant cannabis, including any and all varieties, species, and subspecies of the genus cannabis, and excludes the plant cannabis sativa L. and any party 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.

B."Cannabis producer" means a person or entity licensed by the department of health to possess, produce, dispense, distribute, and manufacture cannabis and cannabis products and sell wholesale or by direct sale to qualified patients and primary caregivers.

C."Certifying practitioner" means a health care practitioner who is licensed in New Mexico to diagnose a qualified patient and recommend medical cannabis as a course of treatment.

D."Designated school personnel" means a school employee whom a public school, charter school, or school district authorizes to possess, store, and administer medical cannabis to a qualified student in accordance with 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.

E."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, and is exempt from the New Mexico Controlled Substances Act.

F."License" means written authorization to licensees issued by the New Mexico department of health to implement 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.

G."Licensee" means a person or entity issued a license by the New Mexico department of health pursuant to the Lynn and Erin Compassionate Use Act and includes school districts, local school boards, locally-chartered charter schools, state-chartered charter schools, and governing bodies of state-chartered charter schools.

H."Licensee representative" means designated school personnel who work for a licensee and possess, store, or administer medical cannabis to a qualified student in a school setting.

I."Medical Cannabis" means cannabis:

(1) recommended for treatment of a debilitating medical condition as defined in the Lynn and Erin Compassionate Use Act, in a written certification by a certified practitioner;

(2) dispensed by a cannabis producer that has received approval from the New Mexico department of health to conduct sales of medical cannabis;

(3) is in the form of a capsule, extract, or concentrate to be ingested through the mouth that:

(a) may be safely divided into measurable doses;

(b) is not an aerosol product consumable through smoking or in particulate form as a vapor or by burning;

(c) is not a food or beverage product;

(d) is not a salve, balm, or other topical product;

(e) does not require refrigerated storage; and

(4) is provided to a school in package or container clearly labeled with:

(a) the student's name and date of birth; and

(b) the dosage allotment.

J."Primary caregiver" means a parent or legal guardian.

K."Qualified patient" means a person who has:

(1) been diagnosed by a certifying practitioner;

(2) received written certification from a certifying practitioner; and

(3) is currently enrolled in the New Mexico department of health's medical cannabis program and has received a current and valid registry identification card pursuant to the Lynn and Erin Compassionate Use Act.

L."Qualified student" means a student who demonstrates evidence to the school that the student is authorized as a qualified patient pursuant to the Lynn and Erin Compassionate Use Act to carry and use medical cannabis.

M."Self-administering" means the ingestion of medical cannabis by a qualified student without the presence of a primary caregiver or designated school personnel in a school setting.

N."School" means a public school, including a charter school.

O."School setting" means any of the following locations during a school day:

(1) a school building;

(2) a school bus used within the state during, in transit to, or in transit from a school-sponsored activity;

(3) a public vehicle used within the state during, in transit to, or in transit from a school-sponsored activity in the state; or

(4) a public site in the state where a school-sponsored activity takes place.

P."Written certification" means a statement written by a qualified student's certifying practitioner:

(1) in a qualified student's medical records or in the written treatment plan statement;

(2) certifying that the qualified student has a debilitating medical condition pursuant to the Lynn and Erin Compassionate Use Act;

(3) certifying that the certifying practitioner believes that the potential health benefits of the medical use of cannabis would likely outweigh the health risks for the qualified student; and

(4) signed by the certifying practitioner.

Q."Written treatment plan" means a document developed by the primary caregiver in collaboration with the certifying practitioner that:

(1) includes the certifying practitioner's diagnosis and description the qualified student's debilitating medical condition per the Lynn and Erin Compassionate Use Act;

(2) describes the plan for recommended treatment with medical cannabis, including:

(a) the recommended dosage allotment;

(b) the recommended frequency of administration of medical cannabis in a school setting; and

(c) is signed by the primary caregiver and the certifying practitioner.

N.M. Admin. Code § 6.12.10.7

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