Medical Marijuana Questions and Answers in Albuquerque

Medical Marijuana Questions and Answers

This is a picture of Marques Listy and me at the First Annual Medical Marijuna Expo. During the Expo I had the opportunity to speak about the rights that are provided by the Fourth Amendment of the U.S. Constitution against illegal searches and seizures. The Family Law Firm also had a booth at the Expo, where I fielded a wide range of legal questions — ranging from contract issues, employment issues, to all degrees of criminal charges. However, the majority of the questions that I encountered during the Expo dealt with the guidelines that surround the medical use of marijuana and are answered within the Lynn and Erin Compassionate Use Act, and by the New Mexico Department of Heath. Here are some of the common questions that you asked me:

Is a medical marijuana patient exempt from arrest?

A qualified patient is not subject to arrest, prosecution, or penalty – in any manner – for the possession of, or the medical use of marijuana if the quantity of marijuana does not exceed an adequate supply.

How much marijuana can a qualified patient legally possess?

Qualified patients can posses an “adequate supply” of medical marijuana, which is defined by the New Mexico Department of Health as six (6) ounces of usable marijuana. Additionally, a licensed producer shall not be subject to arrest, prosecution, or penalty – in any manner – for the production, possession, distribution, or dispensing of Marijuana in accordance with the Lynn and Erin Act.

What penalties do I face for possessing marijuana, if I am not a qualified patient?

N.M.S.A § 30-31-23 provides the various penalties for possession of marijuana. (1) For a first offense — one ounce or less of marijuana is a petty misdemeanor punishable by a fine of $50.00 or more, and imprisonment for up to fifteen days. For a second offense – one ounce or less is a misdemeanor and is punishable by a fine of $100.00 or more, and imprisonment for up to 364 days; (2) for more than one ounce, but less than eight ounces of marijuana is a misdemeanor punishable by a fine of $100.00 or more, and imprisonment for up to 364 days; (3) eight ounces or more is a fourth degree felony that carries up to eighteen months imprisonment.

Can the police arrest someone that is not a qualified patient if they are in my presence while I am using medical marijuana?

No. A person shall not be subject to arrest or prosecution for a marijuana-related offense for simply being in the presence of the medical use of marijuana under the Lynn and Erin Act.

How much marijuana can I grow, if I have a valid license to grow marijuana?

A: Patients can apply for a license to grow their own supply of medical marijuana. The license should be posted or kept near the growing area. A license to produce (grow) allows patients to have four (4) mature plants and twelve (12) seedlings at any given time. A “Mature Plant” is a plant that is flowering, and a “Seedling” is a plant that has not yet flowered.

Are there restrictions on where I am permitted to use and possess medical marijuana?

Yes. It is illegal for a qualified patient to: (1) operate a vehicle while under the influence of marijuana; (2) possess or use marijuana in a school bus or public vehicle, on school grounds or property, in the workplace of the patient or primary care-giver, or at a public park, recreation center, youth center, or other public place; (3) to sell, distribute, dispense or transfer marijuana to a non-qualified patient; (4) obtain or transport marijuana outside fo New Mexico; (5) possess marijuana on federal property – such as national parks, federal courthouse, immigration checkpoints, etc.; (6) possess more than the maximum six (6) ounces of usable marijuana, unless licensed to do so.