A. Participation in a medical use of cannabis program by a qualified patient, primary caregiver or reciprocal participant does not relieve the qualified patient, primary caregiver or reciprocal participant from:

Attorney's Note

Under the New Mexico Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
petty misdemeanorup to 6 monthsup to $500
For details, see N.M. Stat. Ann. § 31-19-1

Terms Used In New Mexico Statutes 26-2B-5

  • Arrest: Taking physical custody of a person by lawful authority.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

(1)     criminal prosecution or civil penalties for activities not authorized in the Lynn and Erin Compassionate Use Act;

(2)     liability for damages or criminal prosecution arising out of the operation of a vehicle while under the influence of cannabis; or

(3)     criminal prosecution or civil penalty for possession or use of cannabis:

(a) in the workplace of the qualified patient’s, primary caregiver’s or reciprocal participant’s employment; or

(b) at a public park, recreation center, youth center or other public place. B. A person who makes a fraudulent representation to a law enforcement officer about the person’s participation in a medical use of cannabis program to avoid arrest or prosecution for a cannabis-related offense is guilty of a petty misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 N.M. Stat. Ann..