HOUSE MEMORIAL 66

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Antonio "Moe" Maestas

A MEMORIAL

ENCOURAGING THE GOVERNOR AND THE DEPARTMENT OF HEALTH TO IMPLEMENT FULLY THE LYNN AND ERIN COMPASSIONATE USE ACT; ENCOURAGING THE NEW MEXICO CONGRESSIONAL DELEGATION TO SUPPORT FEDERAL LEGISLATION TO ALLOW THE USE OF MEDICAL CANNABIS.

     WHEREAS, New Mexico's medical cannabis law took effect on July 1, 2007, after enactment of the Lynn and Erin Compassionate Use Act; and

     WHEREAS, in December 2010, the department of health amended rules governing production, distribution and use of medical cannabis under state law, affording legal protection to people with serious, debilitating medical conditions, including posttraumatic stress disorder, for possession and use of medical cannabis; and

     WHEREAS, despite the law and the rules, as of February 1, 2011, there are only twenty-five licensed producers for more than three thousand six hundred legally registered patients, thousands of whom are military veterans; and

     WHEREAS, it is the intent of the legislature that the New Mexico medical cannabis program provide legal access to medical cannabis for all patients enrolled in the program; and

     WHEREAS, in 2010, the United States department of veterans affairs issued a policy allowing veterans in states where medical cannabis is legal to use their medicine under supervision of a veterans health administration physician without fear of repercussion; and

     WHEREAS, New Mexico is among fifteen states that have passed laws permitting veterans and private citizens living with a serious or chronic illness to use medical cannabis as recommended by a licensed physician according to state and local regulation; and

     WHEREAS, in New Mexico, it is recognized that state law protects the veterans and private citizens who have registered with the department of health for the medical cannabis program for possession and use of medical cannabis;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the office of the governor and the department of health immediately move forward with the full implementation of the Lynn and Erin Compassionate Use Act to protect the veterans and private residents of New Mexico who are legally registered patients with the department of health; and

     BE IT FURTHER RESOLVED that the house of representatives urge the New Mexico congressional delegation to support any federal legislation to remove medical cannabis from Schedule I of the federal Controlled Substances Act, thereby allowing greater federal and state oversight of the use of medical cannabis; and

     BE IT FURTHER RESOLVED that the house of representatives urge the New Mexico congressional delegation to support any federal legislation that supports and recognizes the protections in the Lynn and Erin Compassionate Use Act under federal law or that otherwise protects medical cannabis patients and providers; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of health, the governor and the members of the New Mexico congressional delegation.

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