A. An individual's participation in the state's medical cannabis program established pursuant to the Lynn and Erin Compassionate Use Act [26-2B-1 to 26-2B-7 NMSA 1978] shall not in itself constitute grounds for:
(1) intervention, removal or placement into state custody of a child in that individual's care pursuant to the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978]; or
(2) the provision of state prevention, diversion or intervention services to that individual's family pursuant to the Family Services Act.
B. A person shall not be denied custody of or visitation or parenting time with a child, and there is no presumption of neglect or child endangerment, for conduct allowed under the Lynn and Erin Compassionate Use Act.
C. A school shall not refuse to enroll or otherwise penalize a person solely for conduct allowed pursuant to the Lynn and Erin Compassionate Use Act, unless failing to do so would cause the school to lose a monetary or licensing-related benefit under federal law or regulation.
D. For the purposes of medical care, including an organ transplant, a qualified patient's use of cannabis pursuant to the Lynn and Erin Compassionate Use Act shall be considered the equivalent of the use of any other medication under the direction of a physician and shall not be considered to constitute the use of an illicit substance or otherwise disqualify a qualified patient from medical care.
History: Laws 2019, ch. 247, § 14.
Effective dates. — Laws 2019, ch. 247 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
Structure 2021 New Mexico Statutes
Article 3A - Families Services
Section 32A-3A-1 - Short title; purpose.
Section 32A-3A-2 - Definitions.
Section 32A-3A-3 - Request for family services; withdrawal of request; presumption of good faith.
Section 32A-3A-4 - Referral process.
Section 32A-3A-6 - Voluntary placement of child outside home; documentation.
Section 32A-3A-7 - Voluntary placement; time limitation.
Section 32A-3A-8 - Duty to file a petition.
Section 32A-3A-9 - Right to regain custody.
Section 32A-3A-10 - Voluntary placement; rights of parent.
Section 32A-3A-11 - Emergency placement; criminal history record check.
Section 32A-3A-12 - Foster families; free admission to museums and state parks.
Section 32A-3A-13 - Plan of care; guidelines; creation; data sharing; training.
Section 32A-3A-14 - Notification to the department of noncompliance with a plan of care.