In New Mexico's Compassionate Use of Medical Marijuana Act, also known as the Lynn and Erin Compassionate Use Act, medical marijuana caregivers are called primary caregivers. Per this Act, primary caregivers are persons designated by registered medical marijuana patients to take responsibility for managing their well-being with respect to their use of cannabis products for medical purposes. They assist patients diagnosed with medical conditions that qualify them for medical cannabis therapy in purchasing, transporting, and administering marijuana products. Primary caregivers who hold personal production licenses under the New Mexico medical cannabis program are permitted to cultivate cannabis plants on behalf of their patients.
Usually, medical marijuana caregivers help medical marijuana patients who are unable to access cannabis products themselves, such as elderly persons, terminally ill patients, and minors (persons under 18 years of age). In New Mexico, medical marijuana patients who are also minors must have primary caregivers to oversee their use and dosage of cannabis products. The designated individual may serve as a caregiver for a family member. According to the Lynn and Erin Compassionate Use Act, the primary caregiver of a minor must be their parent, legal guardian, or custodian. Medical marijuana caregivers in New Mexico can oversee up to four registered medical marijuana patients at once.
Per the provisions of the New Mexico Compassionate Use of Marijuana Act, medical marijuana caregivers are required to register under the state's medical marijuana program and obtain caregiver registry identification cards. The New Mexico Department of Health (NMDOH) administers the state's medical marijuana program and issues caregiver registry identification cards to eligible applicants. To qualify as a primary caregiver under the New Mexico medical marijuana program, a person must be 18 years or older and a resident of the state. The NMDOH does not charge primary caregivers application fees when registering with the state's medical marijuana program.
To enroll as a medical marijuana patient's primary caregiver in New Mexico, the applicant should download and complete the New Mexico medical cannabis program patient/caregiver application form. They can then mail the completed form along with a copy of their valid New Mexico driver's license or any other government-issued photo identification to the NMDOH at:
New Mexico Department of Health
Medical cannabis program
Santa Fe, NM 87502-6110
Also, a medical marijuana caregiver registry identification applicant in New Mexico may submit their application in the NMDOH's drop-box on weekdays between 8:00 a.m. and 5:00 p.m at the following address:
New Mexico Department of Health
Medical cannabis program
1474 Rodeo Road, Suite 200
Santa Fe, NM 87505
Successful applicants will receive copies of their New Mexico primary caregiver registry identification cards via mail. The New Mexico Department of Health (NMDOH) may take up to 30 days from the date they receive a complete application to deny or approve a primary caregiver application. The New Mexico Compassionate Use of Medical Marijuana Act does not restrict primary caregivers from collecting payment for the services they render to their patients. The amount of money primary caregivers make depends on their agreement with their patients.
The New Mexico Department of Health (NMDOH) does not provide a registry of approved medical marijuana caregivers in the state. A prospective medical marijuana patient in the state may ask a family member who meets the medical marijuana caregiver requirements to become their primary caregiver. Alternatively, a person may find a primary caregiver by searching online on forums dedicated to marijuana caregiver questions and connections. The New Mexico Compassionate Use of Medical Marijuana Act does not contain provisions for remote medical marijuana caregivers.
The provisions of the Lynn and Erin Compassionate Use Act permit registered medical marijuana caregivers to purchase, transport, and possess cannabis products on behalf of their patients. Per Section 7.34.4.8(L) of the New Mexico Administrative Code, a primary caregiver may purchase a maximum of 230 grams or 8 ounces of cannabis products for a patient within a 90-day period.
New Mexico cannabis laws allow anyone, aged 21 or older, to grow cannabis at home for personal use. Therefore, caregivers can grow marijuana at home for their patients as long as they are 21 years or older. The state limits the number of cannabis that can be cultivated at home to up to 6 mature plants and 6 seedlings for each individual. A household with multiple adults consuming cannabis for medical or recreational purposes may grow up to 12 mature plants.