Friday, September 16, 2016

LECUA Patients Coalition of New Mexico Meeting Agenda 09/16/17

I would like to welcome everyone to the first meeting for the Lynn and Erin Compassionate Use Act Patient’s Coalition of New Mexico and thank you for coming out this evening. LECUAPCofNMmeeting.jpg
Tonight’s agenda is as follows :
  1. Basic meeting ground rules for tonight:
    1. Please Do not interrupt
    2. Raise your hand to speak, introduce yourself if you like
    3. Assume best intentions
    4. Please be respectful when disagreeing
    (In addition to these rules, does the rest of the group want to provide ground rules for the meeting.)
  2. Introductions / Notables in Crowd attending
  3. About the LECUA Patients Coalition of New Mexico
  4. Coalition goals and plan of action to achieve them
  5. Organizational aspect for the LECUA Patients Coalition of New Mexico
  6. Guest Presentations & Speakers
  1. Grow For Vets  by Gina & Alex Lucero ( From The CBD Boutique)
  2. New Mexico PPL Network  by Wendy Linscott
  1. Announcements
  2. Public Comment / Q&A

About the LECUA Patients Coalition of New Mexico
The Lynn and Erin Compassionate Use Act Patient’s Coalition of New Mexico - a GrassRoots Movement to be organized exclusively for charitable, educational, and political purposes within the meaning of Section 501(c)(3) of the IRS Code, 1986, or the corresponding provision of any future federal law.The primary focus is on Medical Cannabis in the state of New Mexico, LECUA Patients Coalition Of New Mexico is solely focused on expanding safe access to medical cannabis for New Mexicans.

This means that LECUA Patients Coalition Of New Mexico position does support legalization of cannabis for nonmedical therapeutic purposes or on related issues, such as ending state and/or federal raids, incarceration or sentencing standards for recreational drug use; this support will be to provide advocacy for policy writing that first & foremost protects and/or improves the Lynn and Erin Compassionate Use Act in said legislation, and State Department of Health Medical Cannabis Program Rules & Regulations remain unchanged in any negative manner to the patients, caregivers, and producers. .

While many different issues bring people to the issue of medical cannabis, the following are the beliefs and values that guide our work at LECUA Patients Coalition of New Mexico
· Cannabis is medicine and the truth is becoming more widely known and recognized
· Government should guide policy on compassion, care and scientific research
· The current federal policy on medical cannabis is hypocritical, immoral and a violation of basic human rights
· Government must be accountable to the people
· Everyone should have the right to produce, acquire
and use their own medicine
The Coalition Defined: to provide the latest scientific and medical based research for medical cannabis for the: patients, prospective patients, community education & information, physicians / medical professionals,  local & state organizations.
For Whom: Prospective Patients/Caregivers to the Medical Cannabis Program, Current Patients/Caregivers in the MCP, LNPP Owners, Board Members, Dispensary Management & Employees, Medical Cannabis Ancillary Business, & Medical Professionals - anyone who wants to learn about medical cannabis and smell the truth!
* General Membership inclusive, is ALWAYS offered for FREE, with additional professional, business and corporate membership levels available for charitable donations. No Patient or community member will ever be asked for a membership fee of any kind to participate.
Nonpartisan Statement: LECUA Patients Coalition Of New Mexico cannot endorse candidates for elected office. This would be a violation of the organization's nonpartisan and nonprofit status. LECUA Patients Coalition Of New Mexico are also not allowed to use funds to make contributions to candidates' political campaigns. However, it is acceptable—and highly encouraged—to seek candidates' positions on medical cannabis issues. It is also highly encouraged to invite political candidates to meetings or even host a meet and greet with candidates so they can
get to know patients and LECUA Patients Coalition Of New Mexico members in their community. In addition, it is perfectly legal for  to campaign for or against ballot initiatives, referenda, state constitutional amendments, bond measures, or similar measures. Any position that LECUA Patients Coalition Of New Mexico takes will be in line with the focus on safe access to medical cannabis.
LECUA Patients Coalition Of New Mexico is NOT:
• One person
• Group that dispense medication
• Group that are linked to an individual medical cannabis provider
• Commercial entities or group that makes commercial endorsements or promotions

The LECUA Patients Coalition Of New Mexico, as a grassroots organization, will be the leader in New Mexico amongst medical cannabis patients groups; setting the tone for respectful communication, fiscal integrity, and transparency in decisions and plans. Members will have a clear sense of how funds are spent, how decisions are made, and why they are all valued members of a team! As a group we will be seeking transparency from others and the LECUA Patients Coalition Of New Mexico will always be transparent itself.

Statement of Nondiscrimination: Notwithstanding any provision of the above goals, future bylaws and code, the Corporation and its members shall not discriminate against any director, officer, employee, applicant, member, patient, or any participant on the basis of sex, race, color, ethnicity, marital status, disability, national origin, sexual orientation, or gender identification.

Some people say that a movement is not a movement until others outside the group know it exists. This is a good point. The goal of organizing is to change minds and laws, so grassroots movements must reach out to the broader public. But all movements start small and local. We have had a growing advocacy movement for medical cannabis in New Mexico for several years and now we need to provide a STRONG State, Regional & Local movement UNITED as a Coalition for medical cannabis and our community. It is up to all of us and our like-minded neighbors, friends and patients we know- to plant the seeds and grow the movement locally and then beyond!   

Movement leaders do not tell the grassroots members what to do or believe. Instead, they listen to the community and look to the members for concerns, feedback, idea’s and solutions.

After all, the medical cannabis movement exists to get medicine to patients and support the victims of bad laws. A clear focus on that mission helps us set priorities and make decisions not governed by politics, public relations, or economics.  As custodians to our grassroots movement, LECUA Patients Coalition Of New Mexico can help provide you with the tools you need to build the powerful grassroots base that will foster real change as our group moves forward. We all have a role in being sure that this grassroots movement grows, stays true to its roots, and acts like a mature social changing movement. Dialogue and discussion are necessary and we need to be able to listen non-defensively and communicate respectfully if we are going to achieve the goals we want for our medical cannabis program and future legalization legislation policies.








  1. LECUA Patients Coalition Of New Mexico Goals :
    1. Work with National Groups like Americans for Safe Access, American Cannabis Nurses Association, bring United Patients Group to Albuquerque to offer online Medical Cannabis Institute CME education courses and one-on-one consulting to physicians and medical institutions. (CME courses include: Medical Cannabis and its applications in Fundamentals, pharmacology, Neurological Disorders, Oncology, Pain Management, Palliative Care, Psychiatry, Safety and more.Education is paramount in the potential for Medical Cannabis treatment.)
    2. Proper administering of program protections Section 4.
      Section 4 of the Law: Exemptions from Criminal and Civil Penalties for the Medical Use of Cannabis.  This aspect has been greatly neglected for the Parents as Patients in the program, who have children. And the many concerns and fears they have that have not been addressed by the Department of Health.
    3. Ensuring safe access to all area of the the state, adequate supply of medical cannabis, and proper plant count for patients & producers.
    4. Increasing the types of qualifying health conditions in the State’s Medical Cannabis Program to ensure safe access for one’s own health and well being.
    5. Removal of: 7.34.4.8 L Maximum Concentration of THC in Concentrates
    6. Removal of the 2015 change to PPL Application to be compliant with HIPPA and the intent of the LECUA and the addition of Cooperative/Collective PPL’s
    7. Once a patient is accepted into the program the registry and PPL identification cards should be set at a 3 or 5 yr renewal basis. The Department can then do yearly address verification by mail all while maintaining safe access to medical cannabis.
    8. Advise, Inform,  Educate and INCREASE MEMBERSHIP of the Medical Cannabis Advisory Board. I think it is clear the Department of Health needs to be directed by lawmakers to update the Medical Cannabis Advisory Board, to consist of 12 members to be appointed by the Director and reviewed by this Committee. A quorum of the advisory board shall consist 6 members.
    9. Proper decriminalization of cannabis in the State of New Mexico by providing education and information through scientific research and medical research to Local and State Legislators with an active hand in writing legislation.
    10. Work in Partnership with additional Groups like; Local, Regional & State groups; as well as NORML Legal Counsel, Cannabis Consumers Coalition, & Women Grow

Organized How: Establishing A Scientific and Medical- Patient Health Focused Foundation

Structure .jpg

      1. Election of Board of Directors Officers: President, Vice-President, Secretary, Treasurer, (Immediate Past President - after 1 yr), At-Large (Patient Rep), At-Large(Caregiver Rep), & At-Large(Producer Rep). *Even Number of Seats thus tie votes go to membership floor to break tie.*
      2. Creation of Board of Directors Advisory Committee: 3 At-Large Members and eventually 2 Immediate BoD Officers (after 1 yr).
      3. Committees: (2-5 members per) Fundraising, Budget & Finance, Membership, Public Relations, Marketing  & Communications, Awareness & Patient Outreach, Veteran’s Committee, and Medical & Scientific Research.  ( BoD VP sits on PR Com., BoD Sec sits on Membership Com., and BoD Treas. sits on Budget Com. )
      4. Online Group Forum
      5. Attending and providing public comments at Local and State medical cannabis and cannabis events, meeting and hearings.
      6. Providing Micro-meetings, Open Houses, Public Outreach, Events, Panel Discussions and Skillbuilding workshops.


Plan of Action: SMART Escalation of tactics
The phrase escalation of tactics refers to a strategy of using relatively less aggressive tactics early in your efforts, then escalating to more dramatic tools later in the process. Many enthusiastic activists forget to escalate tactics— always staying at a relatively passive level or skipping directly to something with more impact. Escalating tactics will help you be more effective and help maintain your credibility with those you are trying to influence.
The first step in any political action is usually to simply ask those with the power to do what you want them to do. If you want your city council to regulate medical cannabis collectives, you should start by asking them to do it. You can do this at a meeting, in a letter, or on the telephone. Do not overlook this simple step. Once in awhile, they may just do what you ask!
More often, however, the initial ask will be an opportunity to identify your allies and opponents and set the stage for a credible escalation of tactics.
It is not reasonable to escalate tactics before clearly articulating to change-makers what you want. Doing so will alienate your intended audience and potential supporters. You will have a hard time being persuasive if you start by picketing city hall before asking for change. Once you have asked, you have put the council on notice of what you want and set the stage for escalation—if needed.

Examples of Escalating Tactics
Below is a general example of a strategy that uses the escalation of tactics. This example utilizes a strategy that targets elected officials and tactics are listed in the rough order that they could be used:
1. Calls/emails to elected officials
2. Gather petitions
3. Meet with elected officials
4. Build coalitions
5. LTE about elected officials
6. Testify at public hearings
7. Protest elected officials outside offices
8. Sit-in elected officials

A. TYPES OF ACTIVIST TOOLS
I. Use your VOICE to make yourself heard. To manifest change it is important for advocates to ASK FOR ACTION from those with the power to enact reform. Campaigns are most often started by using voice-based advocacy tools including letters, emails or phone calls to elected officials, signing a petition, voting, writing letters to the editor, doing media interviews, and new online advocacy tools, such as Facebook campaigns, Twitter, and blogs.

II. Use your BODY to make yourself seen. To enhance your call for action, it is important for advocates to be seen by those who hold the power to facilitate change. Some body-based advocacy tools include meetings with lawmakers and their staff, demonstrations and rallies, court support, testifying at public hearings, press conferences, public outreach and educational events, tabling, coalition building, engaging in emergency raid response, legal observing, and signature gathering.
III. Use your FREEDOM to highlight injustice through the use of non-violent direct action. Some examples of freedom-based tools include blocking the DEA from raiding a dispensary, a sit-in at an elected official's offices, and disrupting the normal flow of business at government buildings or other locations associated with those who can make achieving your goals possible.


Plan of Action For Goals
Goal B: Section 4 of the Law: Exemptions from Criminal and Civil Penalties for the Medical Use of Cannabis.  This aspect has been greatly neglected for the Parents as Patients in the program, who have children. And the many concerns and fears they have that have not been addressed by the Department of Health.
Whereas “Discrimination Prohibited” should follow:
Driving Protections
A qualifying patient shall not be considered to be under the influence of cannabis solely because of the detectable presence of cannabis components or metabolites.
A person's status as a qualified patient is not a sufficient basis for conducting roadside sobriety tests or the suspension of a driver’s license. The officer must have an independent, factual basis giving reasonable suspicion that the person is driving under the influence of cannabis to conduct standardized field sobriety tests.
In Addition To:
(A) Unless a failure to do so would cause the employer to lose a monetary or licensing-related benefit under federal law or federal regulations, an employer may not discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, based upon either of the following:
1. The person's status as a qualifying patient, caregiver, or cardholder; or
2. A qualifying patient, caregiver, or cardholder tests positive for cannabis components or metabolites, unless the individual was impaired by cannabis on the premises of the place of employment or during the hours of employment.
(B) Unless required by federal law or required to obtain federal funding, no landlord may refuse to rent a dwelling unit to a person or take action against a tenant solely on the basis of an individual’s status of a qualifying patient or cardholder under this act.
(C) For the purposes of medical care, including organ transplants, a qualifying patient’s medical use of cannabis does not constitute the use of an illicit substance or otherwise disqualify a qualifying patient from medical care.
(D) Neither the presence of cannabinoid components or metabolites in a person’s bodily fluids, nor conduct related to the medical use of cannabis by a custodial or noncustodial parent, grandparent, pregnant woman, legal guardian, or other person charged with the well-being of a child, shall form the sole or primary basis for any action or proceeding by a child welfare agency or a family or juvenile court. This subsection shall apply only to conduct in compliance with the LECUA. The addition of these would provide those much needed protections from bais.
The current Rules and Regulations are :
7.34.3.17               EXEMPTION FROM STATE CRIMINAL AND CIVIL PENALTIES FOR THE MEDICAL USE OF CANNABIS:
               A.            Possession of, or application for, a registry identification card shall not constitute probable cause or give rise to reasonable suspicion for any governmental agency to search the person or property of the person possessing or applying for the card.
               B.            A qualified patient shall not be subject to arrest, prosecution, or penalty in any manner by the state of New Mexico or a political subdivision thereof for the possession of or the use of medical cannabis if the quantity of cannabis, concentrates, or cannabis-derived products does not exceed an adequate supply as defined by rule.
               C.            A primary caregiver shall not be subject to arrest, prosecution, or penalty in any manner for the possession of cannabis by the state of New Mexico, or a political subdivision thereof, for the medical use by the qualified patient if the quantity of cannabis, concentrates, or cannabis-derived products does not exceed an adequate supply as defined by rule.
               D.            A qualified patient or a primary caregiver shall be granted the full legal protections provided under the Lynn and Erin Compassionate Use Act, Section 26-2B-1 et seq., NMSA 1978, by the state of New Mexico if the qualified patient or primary caregiver is in possession of a valid registry identification card.  If the qualified patient or primary caregiver is not in possession of a valid registry identification card, the qualified patient or primary caregiver shall be given an opportunity to produce the registry identification card before any arrest, or criminal charges, or other penalties are initiated.
               E.            A practitioner shall not be subject to arrest or prosecution, penalized in any manner, or denied any right or privilege by the state of New Mexico, or political subdivision thereof, for recommending the medical use of cannabis, or providing written certification for the medical use of cannabis pursuant to this rule and the act.
               F.            Any property interest that is possessed, owned, or used in connection with the medical use of cannabis, or acts incidental to such use, shall not be harmed, neglected, injured, or destroyed while in the possession of New Mexico state or local law enforcement officials.  Any such property interest shall not be forfeited under any New Mexico state or local law providing for the forfeiture of property except as provided in the Forfeiture Act.  Cannabis, cannabis-derived products, paraphernalia, or other property seized from a qualified patient or primary caregiver in connection with the claimed medical use of cannabis shall be returned immediately upon the determination by a court or prosecutor that the qualified patient or primary caregiver is entitled to the protections of the provisions of this rule and the act, as may be evidenced by a failure to actively investigate the case, a decision not to prosecute, the dismissal of charges, or acquittal.
               G.            A person shall not be subject to arrest or prosecution by the state of New Mexico, or political subdivision thereof, for a cannabis-related offense for being in the presence of the medical use of cannabis as permitted under the provisions of this rule and the act.
[7.34.3.17 NMAC - Rp, 7.34.3.15 NMAC, 2/27/2015]

Goal C: Ensuring safe access to all area of the the state, adequate supply of medical cannabis, and proper plant count for patients & producers.

Goal D: Increasing the types of qualifying health conditions in the State’s Medical Cannabis Program to ensure safe access for one’s own health and well being.
The Department of Health Medical Cannabis Advisory Board has been set up to fail in its duties and role as nationally board-certified practitioners with knowledge of medical cannabis as medicine; as the role the have been put in is futile if the advice from these experts fall on deaf ears. The Secretary and Program Management continue to not add more medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the medical use of cannabis in the program.
7.34.2.2 STATUTORY AUTHORITY: The requirements set forth herein are promulgated by the secretary of the department of health pursuant to the authority granted under Section 9-7-6 (E) NMSA 1978, and the Lynn and Erin Compassionate Use Act, 26-2B-1 et seq. NMSA 1978.
[7.34.2.2 NMAC - Rp, 7.34.2.2 NMAC, 2/27/2015]

7.34.2.11               ADVISORY BOARD RECOMMENDATION TO THE DEPARTMENT:
               A.            Advisory board recommendation: Upon final determination the advisory board shall provide to the secretary a written report of finding, which recommends either the approval or denial of the petitioner’s request.  The written report of findings shall include a medical justification for the recommendation based upon the individual or collective expertise of the advisory board membership. The medical justification shall delineate between the findings of fact made by the advisory board and scientific conclusions of credible medical evidence.
               B.            Department final determination: The department shall notify the petitioner within 10 days of the secretary’s determination. A denial by the secretary regarding the inclusion of a medical conditions, medical treatments or diseases to the existing list of debilitating medical conditions contained under the act shall not represent a permanent denial by the department. Any individual or association of individuals may upon good cause re-petition the advisory board. All requests shall present new supporting findings of fact, or scientific conclusions of credible medical evidence not previously examined by the advisory board.

Qualifying conditions to become a medical cannabis patient in Illinois include:
Acquired Immunodeficiency Syndrome (AIDS), Alzheimer's disease, Lou Gehrig's disease (ALS) , Arnold-Chiari malformation and syringomyelia, Cachexia/wasting syndrome, Cancer, Causalgia, Chronic inflammatory demyelinating polyneuropathy, Crohn's disease, CRPS (Complex Regional Pain Syndrome Type I), CRPS (Complex Regional Pain Syndrome Type II), Dystonia, Fibromyalgia (severe), Fibrous dysplasia, Glaucoma, Hepatitis C, Hospice, Human Immunodeficiency Virus (HIV), Hydrocephalus, Interstitial cystitis, Lupus, Migraine, Multiple sclerosis, Muscular dystrophy, Myasthenia gravis, Myoclonus, Nail-patella syndrome, Neurofibromatosis, Parkinson's disease, Post-concussion syndrome, PTSD, Residual limb pain, Rheumatoid arthritis (RA), Seizures
Sjogren's syndrome, Spinal cord disease (including but not limited to arachnoiditis, Tarlov cysts, hydromyelia & syringomelia), Spinal cord injury, Spinocerebellar ataxia (SCA), Tourette syndrome, and Traumatic brain injury (TBI)  ( 42 in total )

Goal E: Removal of: 7.34.4.8 L Maximum Concentration of THC in Concentrates
Another Department of Health Medical Cannabis Program regulation that went into effect on February 27, 2015 was the Maximum Concentration of THC in Concentrates- a limit set to 70%. A “Concentrated cannabis-derived product (“concentrate”)” means a cannabis-derived product that is manufactured by a mechanical or chemical process that separates any cannabinoid from the cannabis plant, and that contains (or that is intended to contain at the time of sale or distribution) no less than thirty-percent (30%) THC by weight. )  Being set to 70% potency limit means that a patient must either to purchase more medicine from a dispensary and those patients or caregivers making their own medicine will now have less medicine available to make. And the same for the Producers, who now need to use more cannabis-derived products to produce more quantity of a less potent medical product. ( see attached appendix B  for pseudoscience used to create this rule along with the “special favor” asked to be proved for doing the fake science )
“The 70% THC limit: The new rules impose a cap of 70% on the THC content of any extract or concentrate. High-quality/purity BHO, waxes and similar products that have potencies above 70% THC can no longer be sold to patients by producers. It also means that a patient who possesses a higher-potency concentrate obtained from another source risks state law criminal prosecution. Patients who use concentrates may considering applying for a medical exception and/or look for reformulated products at their producer that comply with the new rule.” (from Kurple Magazine 3/15 - comments by Jason Marks -Esquire)

This regulation is blatantly contradictory to the Act. Concentrates are condensed cannabis medicine with very little plant matter, making them a safe and healthy alternative method of consuming medicine. Cannabis concentrates can have anywhere from 60-90% THC content. Concentrates can be vaporized, baked into edibles, infused into topicals or smoked. Since concentrates are significantly more potent, they are much more effective for use as medicine for patients with serious issues. Many users wish to minimize smoking medical cannabis. The use of BHO, Rick Simpson oil and similar products can allow users to minimize smoking. Higher quality products also contain fewer contaminants (contaminants here is defined as anything that has not been shown to cure or alleviate patients’ conditions). That the department would seek to ensure quality by testing, then reduce quality by requiring inferior products to be produced/ possessed seems contradictory. Cannabis concentrates, when used properly, are making revolutionary contributions to the field of cannabis-based medicine. Limiting the amount of THC to the absolute lowest level typically in concentrates will be almost impossible for producers to comply with and restricts the medicinal value. This rule is arbitrary, capricious and completely unreasonable. ( from Jason Marks comments of the Cannabis Producers of New Mexico, Inc to NM DOH )

"Best RSO is 95-98% THC and extremely potent and sedative (with 70% cure rate).” -Rick Simpson

“IF, what we want is for the cannabis industry to maintain BEST PRACTICES, then the careful cleaning up of concentrates, removing the majority of impurities, is the closest thing we have to proper pharmaceutical technique. IF the state forces you to less appropriate techniques, that produce a less cleaned-up product, then the state is taking on the legal liability of forcing the industry into bad techniques. This means that if the industry is pushed by the state, then when patients get sick for these poorer quality medicines, the state becomes a co-defendant in these cases… more over, the cannabis company getting sued can also sue the  state.” -  Rev. Dr. Kymron: Chief Scientific Research Officer -Steep Hill Labs

The Legislature did not authorize the Department of Health to insert itself into the doctor-patient
relationship and second-guess the merits of a particular prescription. My medical provider, Anita Briscoe,  has expressed great concern about this because that the explicit and sole purpose of the Lynn and Erin Compassionate Use Act “is to allow the beneficial use of medical cannabis in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments.” Yes, we can petition to get concentrates above 70% but no one is making them for us to be able to do that because of the Rule.
Once more the Department of Health has opened themselves up for even more potential lawsuits for not being compliant with the Lynn And Erin Compassionate Use Act in doing this.

Goal F: Removal of the 2015 change to PPL Application to be compliant with HIPPA and the intent of the LECUA and the addition of Cooperative/Collective PPL’s
If you don’t own your property then you must have written permission from the property owner to get your Personal Production License to grow your own medicine. I believe this to be a HIPPA violation as it forces the patient or caregiver to reveal private information about their own health to the property owner. And then this further opens up the great potential for bias toward the patient from the a property owner and discrimination of their health condition.  And the State Department of Health is opening itself up to even more future lawsuits in doing this. A large number of patients or caregivers in the program do have their Personal Production License, mainly to secure the right of having it, as about a ⅓ of these PPL’s are being used. The start up cost for the proper equipment to cultivate medical cannabis is between $1000-$1300.  The addition of allowing Patient Collectives and Cooperatives for PPL’s and further protections to property owners renting to patients would allow for more adequate supply of medical cannabis and empower the patient community.

Whereas Rules and Regulations for Personal Production License should additionally include:
The Department shall issue a individual cultivation registration to a qualifying patient or their personal caregiver. No more than 10 qualified patients may collectively cultivate, and each participating patient must obtain a collective cultivation registration. The Department may deny a registration based on the provision of false information by the applicant. Such registration shall allow the qualifying patient or their personal caregiver to cultivate an area of limited square footage of plant canopy, sufficient to maintain a 90-day supply of cannabis, and shall require cultivation and storage only in a restricted access area.
A qualifying patient or personal caregiver shall not be considered to be in possession of more than a 90-day supply at the location of a restricted access area used collectively by more than one patient, so long as the total amount of cannabis within the restricted access area is not more than a 90-supply for all the participating qualifying patients. A copy of each qualifying patient’s written recommendation shall be retained at the shared cultivation facility
Qualified patients shall provide the following in order to be considered for a personal production license to produce medical cannabis:
(1)  a description of the single indoor or outdoor location that shall be used in the production of cannabis;                
(2)  a written plan that ensures that the cannabis production shall not be visible from the street or other public areas;
(3)  a written acknowledgement that the applicant will ensure that all cannabis, cannabis-derived products and paraphernalia is accessible only by the applicant, collective members and/or their primary caregiver (if any), and kept secure and out of reach of children;
(4)  a description of any device or series of devices that shall be used to provide security and proof of the secure grounds; and
(5)  a written acknowledgement of the limitations of the right to use and possess cannabis for medical purposes in New Mexico.
Cultivation facility” means a business that:
1.Is registered with the Department of Agriculture; and (we should be having Dept. of Ag involved)
2. Acquires, possesses, cultivates, harvests, dries, cures, trims, and packages cannabis and other related supplies for the purpose of delivery, transfer, transport, supply, or sales to:
(a) dispensing facilities;
(b) processing facilities;
(c) manufacturing facilities;
(d) other cultivation facilities;
(e) research facilities.
(f) independent testing laboratories.

The current Rules and Regulations are :
7.34.4.18  QUALIFIED PERSONAL PRODUCTION APPLICATION AND LICENSURE REQUIREMENTS:
A. A qualified patient may apply for a personal production license to produce medical cannabis solely for the qualified patient’s own use.
 B.  A qualified patient may obtain no more than one personal production license, which license may be issued for production to occur either indoors or outdoors in no more than one single location, which shall be either the patient’s primary residence or other property owned by the patient.
  C. No more than two personal production licenses may be issued for a given location, with proof that a second registered patient currently resides at the location.  Multiple personal production licenses may not be issued for non-residential locations.
  D. Qualified patients shall provide the following in order to be considered for a personal production license to produce medical cannabis:
  (1)  applicable non-refundable fee;
  (2)  a description of the single indoor or outdoor location that shall be used in the production of cannabis;
  (3) if the location is on property that is not owned by the applicant:  a written statement from the property owner or landlord that grants to the applicant permission to grow cannabis on the premises;
  (4)  a written plan that ensures that the cannabis production shall not be visible from the street or other public areas;
  (5)  a written acknowledgement that the applicant will ensure that all cannabis, cannabis-derived products and paraphernalia is accessible only by the applicant and their primary caregiver (if any), and kept secure and out of reach of children;
  (6)  a description of any device or series of devices that shall be used to provide security and proof of the secure grounds; and
   (7)  a written acknowledgement of the limitations of the right to use and possess cannabis for medical purposes in New Mexico. [7.34.4.18 NMAC - Rp, 7.34.4.9 NMAC, 2/27/2015


Goal G: Patient registry; Once a patient is accepted into the program the registry and PPL identification cards should be set at a 3 or 5 yr renewal basis. The Department can then do yearly address verification by mail all while maintaining safe access to medical cannabis. The same is done for vehicle registration and driving a car is more dangerous than cannabis. We are all required to renew their cards every year despite all of patients in the program having serious medical conditions that will never go away. Nor do we need a yearly reminder of our health problems...once a patient is accepted into the program the registry and identification cards should be set at a 3 or 5 yr renewal basis. The Department can then do yearly address verification with online registration / renewal portal &  by certified, mail all while maintaining safe access to medical cannabis. The qualifying health conditions for the program are all ones that modern pharmaceutical pills failed to cure or provide relief. That is, why we are in the medical cannabis program as this form of medicine provides us the best option for improving our health.
Goal H: Advise, Inform,  Educate and INCREASE MEMBERSHIP of the Medical Cannabis Advisory Board.
I think it is clear the Department of Health needs to be directed by lawmakers to update the Medical Cannabis Advisory Board, to consist of 12 members to be appointed by the Director and reviewed by this Committee. A quorum of the advisory board shall consist 6 members.
Whereas: New members of the MCAB are to be: at least one person who possesses a qualifying patient's registry identification card, at least one person who is a designated primary caregiver of one or more qualifying patients, at least one person who is an officer, board member, or other responsible party for a licensed medical cannabis dispensing facility, and at least one qualifying patient who is either a Armed Forces Veteran or prior Law Enforcement/Fire/EMT Veteran status.
As this will strongly complement the eight nationally board-certified practitioners in their area of specialty and knowledgeable about the medical use of cannabis current on the Board. Updating the MCAB membership would then also be a reflection of the New Mexicans that the program was created to serve.
Whereas: The MCAB shall meet at least four times per year, at times and places specified by the Director to be feasible for the patient community and public to attend.
Whereas: The Department shall provide staff support to the committee.
Whereas:  All agencies of state government are directed to assist the Committee in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish information and advice that the members of the committee consider necessary to perform their duties.

Goal J:  Proper decriminalization of cannabis in the State of New Mexico by providing education and information through scientific research and medical research to Local and State Legislators with an active hand in writing legislation.

In 1978, after public hearings the legislature in New Mexico enacted H.B. 329, the nation’s first law recognizing the medical value of cannabis. Later renamed The Lynn Pierson Marijuana & Research Act.  New Mexico’s medical cannabis history started in 1978.  Lynn Pierson, a 26 year old cancer patient,  brought the value of medical cannabis to the New Mexico legislature. After public hearings the legislature enacted H.B. 329, the nation’s first law recognizing the medical value of cannabis. Later renamed The Lynn Pierson Marijuana & Research Act set forth a program that had over 250 New Mexicans receiving medical cannabis through the University of New Mexico until 1986. Federal opposition and state bureaucratic opposition developed  thus ending the program in 1986.
Then in the early 2000’s, Erin Armstrong, a medical cannabis advocate who suffered from thyroid cancer, began to lobby the state legislature to pass a medical cannabis law.  Armstrong, a Santa Fe High and UNM grad, spent three years tirelessly advocating for the medical cannabis program we have today. The Lynn and Erin Compassionate Use Act, 2007, passed under Governor Bill Richardson, in addition to Bryan Krumm’s expertise in contributing to the bill,  it was lead in the state legislature by Senator Cisco McSorley. Our program in New Mexico should once again be the leader in medical cannabis.
When the state of New Mexico does legalize recreational cannabis and industrial hemp, funds from it first and foremost should be used to start paying the state legislators.  A hybrid state legislature: Meeting for most of the year and pays the legislators as full-time employees. They can serve the constituents well because of their extended time in office and ability to devote more time to each issue. A regular session of no less than 120 calendar days, every other year make it no less than 60 days in session, and allow legislators to enact a special session under a three-fourths majority vote when needed. Legislatures considered to be citizen legislatures include Idaho, North Carolina, Oregon, Utah, and Wyoming. Many states, by contrast, have a hybrid or professional legislature.

The revenues from recreational cannabis legalization and industrial hemp legalization alone can further reduce producer fee’s in the MCP,  fund our Medicaid program and Educational programs in a sound manner.   And it will also decrease that dependence upon the federal government and pave a path for much needed economic growth in several private sector areas.  

New Mexico’s economy continues to be one of the slowest growing economies in the country. The state budget shortfalls for 2016, and this slow growth reveals too much dependence on largess by the federal government and oil revenues. Those sources of New Mexico's economic malaise provide funding for educating the youth in our state and Health and Human Services programs like Medicaid. And now in the state, half of all New Mexicans are on Medicaid or medicare.

Of the three most crucial budget demands upon the state: Public Schools, Medicaid, and Higher Education. Combined they provide the true economic and social multiplier with the greatest opportunity of success for the state’s residents and the state’s economy. Providing funding for these invaluable programs in our state can be achieved with recreational cannabis and industrial hemp legalization; in conjunction with the utilization of solar, wind, and geothermal energy sources.
The state has the renewable resources to potentially provide 1,000 times more clean energy than Public Service Company of New Mexico’s current demand, according to the state Energy Conservation and Management Division.  

Each one of these goals and items mentioned are and have been disrupting safe access and adequate supply to medical cannabis and are hindering the program for almost three years now. Dr. William Johnson chair of the New Mexico Medical Cannabis Advisory Board in 2014,  told KUNM public radio that many of the changes proposed by the Department of Health would hurt patient access to medical cannabis.

After the Rules and Regulations changes from the medical cannabis meetings in 2014 went into effect in February of 2015, the results for patients and caregivers in the program has  been clearly harmful to patient well being and overall program health.

The Governor’s Office should be answering some serious questions as well with the lack of transparency between the Secretary of the Department of Health and the Governor.  Not to mention the Governor’s Office highlights four priorities; two of the four priorities are of Ensuring Transparency and Ethics in Government, and Keeping New Mexicans Safe. We are now over 30,000 voting medical cannabis patients in the State.

Thank you for allowing me this time to speak some brief announcement:
The next few meetings will be:
  • Tuesday, October 4th 2016 at 6:30p - 8:30 p (This meeting should be about 30 days before the next DoH MCP Meeting - if I’ve been informed correctly)
  • Thursday, November 10th 2016 at 6:30p - 8:30p (Special Veterans Day Event)
  • December Day / Date Holiday Event TBA (Considering a charity event with a Senior Retirement Community)
  • Local and State related medical cannabis and cannabis events, meeting and hearings will be announced once known.
  • Providing Micro-meetings, Open Houses, Public Outreach, Events, Panel Discussions and Skillbuilding workshops will be announced once known.


Appendix A :
WHEREAS cannabis (marijuana) has been used as a medicine for at least 5,000 years and can be effective for serious medical conditions for which conventional medications fail to provide relief;

WHEREAS modern medical research has shown that cannabis can slow the progression of such serious diseases as Alzheimer’s and Parkinson’s and stop HIV and cancer cells from spreading; has both anti-inflammatory and pain-relieving properties; can alleviate the symptoms of epilepsy, PTSD and multiple sclerosis; is useful in the treatment of depression, anxiety and other mental disorders; and can help reverse neurological damage from brain injuries and stroke;

WHEREAS the World Health Organization has acknowledged the therapeutic effects of cannabinoids, the primary active compounds found in cannabis, including as an anti-depressant, appetite stimulant, anticonvulsant and anti-spasmodic, and identified cannabinoids as beneficial in the treatment of asthma, glaucoma, and nausea and vomiting related to illnesses such as cancer and AIDS;

WHEREAS the American Medical Association has called for the review of the classification of cannabis as a Schedule I controlled substance to allow for clinical research and the development of cannabinoid-based medicines;

WHEREAS the National Cancer Institute has concluded that cannabis has antiemetic effects and is beneficial for appetite stimulation, pain relief, and improved sleep among cancer patients;

WHEREAS the American Herbal Pharmacopoeia and the American Herbal Products Association have developed qualitative standards for the use of cannabis as a botanical medicine;

WHEREAS the U.S. Supreme Court has long noted that states may operate as “laboratories of democracy” in the development of innovative public policies;

WHEREAS twenty-three states and the District of Columbia have enacted laws that allow for the medical use of cannabis;

WHEREAS seventeen additional states have enacted laws authorizing the medical use of therapeutic compounds extracted from the cannabis plant;

WHEREAS more than 17 years of state-level experimentation provides a guide for state and federal law and policy related to the medical use of cannabis;

WHEREAS accredited educational curricula concerning the medical use of cannabis have been established that meets Continuing Medical Education requirements for practicing physicians;

WHEREAS Congress has prohibited the federal Department of Justice from using funds to interfere with and prosecute those acting in compliance with their state medical cannabis laws, and the Department of Justice has issued guidance to U.S. Attorneys indicating that enforcement of the Controlled Substances Act is not a priority when individual patients and their care providers are in compliance with state law, and that federal prosecutors should defer to state and local enforcement so long as a viable state regulatory scheme is in place.
Appendix A Cont. :
Recognition of nonresident cards

(A) The (STATE) and the medical cannabis dispensing facilities in this State which hold valid medical cannabis establishment registration certificates will recognize a medical cannabis registry identification card issued by another state or the District of Columbia only under the following circumstances:
1. The state or jurisdiction from which the holder or bearer obtained the nonresident card grants an exemption from criminal prosecution for the medical use of cannabis;
2. The nonresident card has an expiration date and has not yet expired;
3. The holder or bearer of the nonresident card signs an affidavit in a form prescribed by the Department which sets forth that the holder or bearer is entitled to engage in the medical use of cannabis in his or her state or jurisdiction of residence; and
4. The holder or bearer of the nonresident card is in possession of no more than a 90-day supply of cannabis.
(B)  For the purposes of the reciprocity described in this section:
1. The amount of medical cannabis that the holder or bearer of a nonresident card is entitled to possess in his or her state or jurisdiction of residence is not relevant; and
2. Under no circumstances, while in this State, may the holder or bearer of a nonresident card possess cannabis for medical purposes in excess of a 90-day supply of cannabis.


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