§ 32A-1-22 — Medical cannabis program; removal of children; family

services intervention; school enrollment; medical care. A. An individual's participation in the state's medical cannabis program established pursuant to the Lynn and Erin Compassionate Use Act [Chapter 26, Article 2B NMSA 1978] shall not in itself constitute grounds for: (1) intervention, removal or placement into state custody of a child in that individual's care pursuant to the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978]; or (2) the provision of state prevention, diversion or intervention services to that individual's family pursuant to the Voluntary Placement and Family Services Act [Chapter 32A, Article 3A NMSA 1978]. B. A person shall not be denied custody of or visitation or parenting time with a child, and there is no presumption of neglect or child endangerment, for conduct allowed under the Lynn and Erin Compassionate Use Act. C. A school shall not refuse to enroll or otherwise penalize a person solely for conduct allowed pursuant to the Lynn and Erin Compassionate Use Act, unless failing to do so would cause the school to lose a monetary or licensing-related benefit under federal law or regulation. D. For the purposes of medical care, including an organ transplant, a qualified patient's use of cannabis pursuant to the Lynn and Erin Compassionate Use Act shall be considered the equivalent of the use of any other medication under the direction of a physician and shall not be considered to constitute the use of an illicit substance or otherwise disqualify a qualified patient from medical care.

Legislative History

Laws 2019, ch. 247, § 14; 1978 Comp., § 32A-3A-15, recompiled and