On June 7, 2018 the New Mexico Department of Health sent out a letter to all LNPP's, Manufacturers, Laboratories, and Couriers. The opening paragraph of this letter stated:
"It has come to the attention of the New Mexico Medical Cannabis Program that some producers and approved entities have been obtaining, selling, or distributing CBD and hemp products that were produced outside of the state of New Mexico and transported into the state. This practice is in violation of the Lynn and Erin Compassionate Use Act and must cease. Producers and approved entities that obtain, sell, or distribute such products may be subject to disciplinary action against their licensure, and may also be subject to further civil and criminal penalties."
In the next part of the letter they point out Section 26-2B-5 of the Lynn and Erin Compassionate Use Act:
"If a licensed producer sells, distributes, dispenses, or transfers cannabis to a person not approved by the department pursuant to the Lynn and Erin Compassionate Use Act or obtains or transports cannabis outside New Mexico in violation of federal law, the licensed producer shall be subject to arrest, prosecution, and civil or criminal penalties pursuant to state law."
Notice in this section of the act, at no point does it mention anything about HEMP-DERIVED CBD as the DOH did in their opening paragraph.
The NMDOH ends the letter by saying "All cannabis and cannabis derived products that do not originate from a plant that has been approved to be grown as part of this program must be pulled from inventory effective June 29, 2018."
We immediately noticed the NMDOH inconsistency in terminology. In the first paragraph, they state that CBD and hemp products that were produced outside of the state of New Mexico and transported into the state are in violation of the Act and must cease, however in the ending paragraph they say all cannabis and cannabis derived products that do not originate in the state must be pulled from inventory. This is extremely confusing for dispensary owners and patients because there is a significant difference in legality between these two products and even the Federal Government recognizes the difference between the two.
So why is this an issue? In New Mexico there are no available "interstate" hemp products to manufacturers or nonprofit producers. This means that on June 29, 2018 there will no longer be CBD products available to medical cannabis patients in LNPP storefronts. The amount of CBD that may be in some edibles, concentrates, or flower is not only minuscule, but will not be able to keep up with the demand of patients as this program continues to grow. What the Department of Health refuses to recognize is the devastation that this will cause state wide on patient health.
Patients that have been working for years to get off Pharmaceutical Medications and Non-Prescription Drugs using this natural medicine will no longer have access to it. These patients will be forced to look elsewhere for relief of their symptoms as well as patients with severe disabilities such as Epilepsy, Cancer, Multiple Sclerosis, Severe Chronic Pain, and many more.
In conclusion, this petition is to
1.Request that the NMDOH recognizes the difference between Hemp-Derived and Cannabis-Derived CBDs
2.Request that the NMDOH allows LNPP's, Manufacturers, Laboratories, and Couriers to purchase, process, test, and distribute outer state, hemp derived CBD for the patients of our community
3. Request the NMDOH allow Licensed Medical Cannabis Patients to purchase outer state, hemp-derived cbds, as it is the only way that they have safe access to this medicine and it is one of the most beneficial cannabinoids in this plant.
A Medical Cannabis Program that does not provide CBD to it's patients is hardly a MEDICAL program at all. This is 20 steps back for Medical Cannabis in New Mexico. Please sign our petition and help us provide safe access of CBDs to the patients of our state that depend on this medicine for wellness.
