Chapter 26 — Chapter 26

Chapter 26, Article 1 NMSA 1978 may be cited as the "New Mexico Drug, Device and Cosmetic Act". History: 1953 Comp., § 54-6-26, enacted by Laws 1967, ch. 23, § 1; 1987, ch. 270, § 1.

A drug or device shall be deemed to be adulterated: A. if it consists in whole or in part of any filthy, putrid or decomposed substance; or if it has been produced, prepared, packed or held under insanitary conditions whereby it may have been contaminated with filth, or whereby i…

A. A drug or device shall be deemed to be misbranded: (1) if its labeling is false or misleading in any particular; (2) if in package form, unless it bears a label containing the name and place of the business of the manufacturer, packer or distributor and an accurate statement o…

A. An advertisement of a drug, device or cosmetic shall be deemed to be false if it is false or misleading in any particular. B. For the purpose of the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act] the advertisement of a drug or device representing i…

preparations. A. The principal display panel of an over-the-counter packaged drug or device shall bear as one of its principal features a statement of the identity of the commodity. The statement shall include the established name of the drug or the common name of the device and …

giving away; exceptions. A. No person shall sell, deliver, offer for sale, hold for sale or give away any new drug or device unless: (1) an application has been approved for the drug and approval has not been withdrawn under Section 505 of the federal act; (2) when the drug is no…

A. A dangerous drug intended for veterinary use which is not safe for animal use except under the direct supervision of a licensed veterinarian and for which adequate directions for use cannot be prepared, shall bear the legend "CAUTION: federal law restricts this drug to use by …

refilling; limitations. A. It is unlawful for a person to sell, dispose of or possess any dangerous drugs, except: (1) manufacturers, wholesalers or distributors, their agents or employees licensed by the board to ship dangerous drugs into the state; or (2) distributors, wholesal…

reports from the prescription monitoring program. A. For purposes of this section: (1) "opioid" means the class of drugs that includes the natural derivatives of opium, which are morphine and codeine, and related synthetic and semi-synthetic compounds that act upon opioid recepto…

The college of pharmacy of the university of New Mexico shall serve as the testing laboratory for samples collected for examination pursuant to the provisions of the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act]. History: 1953 Comp., § 54-6-42, enact…

A. The board may promulgate regulations for the efficient enforcement of the New Mexico Drug, Device and Cosmetic Act. The board shall conform the regulations promulgated under the New Mexico Drug, Device and Cosmetic Act, insofar as practical, with regulations promulgated under …

A. After January 1, 2014, a prescribing practitioner seeking prior authorization from a health insurer may use the uniform prior authorization form developed pursuant to Sections 2 [59A-2-9.8 NMSA 1978] and 3 [61-11-6.2 NMSA 1978] of this 2013 act. B. As used in this section: (1)…

The board or its duly authorized agent shall have free access at all reasonable hours to any factory, warehouse or establishment in which drugs, devices or cosmetics are manufactured, processed, packed or held for introduction into commerce, or to enter any vehicle being used to …

As used in the New Mexico Drug, Device and Cosmetic Act: A. "board" means the board of pharmacy or its duly authorized agent; B. "person" includes an individual, partnership, corporation, association, institution or establishment; C. "biological product" means any of the followin…

The board shall employ such personnel for the administration and enforcement of the provisions of the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act] as may be necessary. History: 1953 Comp., § 54-6-45, enacted by Laws 1967, ch. 23, § 20.

information. A. The board may cause to be published from time to time reports summarizing all judgments, decrees and court orders which have been rendered, including the nature of the charge and the disposition thereof. B. The board may also cause to be disseminated such informat…

enumerated. It shall be unlawful for any person to obtain or attempt to obtain any dangerous drug or to procure or attempt to procure the administration of any dangerous drugs other than a controlled substance: A. by fraud, deceit, misrepresentation or subterfuge; or B. by forger…

prescriptions prohibited. It shall be unlawful for any person to: A. willfully make a false statement in any prescription, order, report or record required by the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act]; B. falsely assume the title of or repres…

A cosmetic shall be deemed to be misbranded: A. if its labeling is false or misleading in any particular; B. if in package form unless it bears a label containing: (1) the name and place of business of the manufacturer, packer or distributor; and (2) an accurate statement of the …

A cosmetic shall be deemed to be adulterated: A. if it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisements thereof, or under such conditions of use as are customar…

A. Any person who knowingly violates any of the provisions of Subsection A, B, C, F, G or H of Section 26-1-3, Section 26-1-14, 26-1-16, 26-1-22 or 26-1-23 NMSA 1978 is guilty of a fourth degree felony and shall be punished by a fine of not less than one thousand dollars ($1,000)…

A. As used in this section: (1) "340B drug" means a drug that is purchased at a discount in accordance with the 340B program requirements; (2) "340B program" means the federal drug pricing program created pursuant to 42 U.S.C. Section 256b; (3) "affiliate" means a person that dir…

The following acts are prohibited: A. the sale of any drug or device that is adulterated, misbranded or a counterfeit drug which is not a controlled substance; B. the adulteration or misbranding of any drug or device; C. the receipt or delivery in commerce of any drug or device t…

History: 1978 Comp., § 26-1-3.1, enacted by Laws 1987, ch. 270, § 4; repealed Laws 2005, ch. 152, § 11.

A. As used in this section: (1) "donor" means a person who donates unused prescription drugs to an eligible recipient for the purpose of redistribution to patients; (2) "eligible recipient" means a person who registers with the board to participate in the collection of donated dr…

In addition to the remedies provided the board is authorized to apply to the district court for, and the court shall have jurisdication [jurisdiction] upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any other person from violating any pr…

No publisher, radio-broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor or seller of the article to which a false advertisement relates, shall be liable under this section [act] by reason of dissemination…

adulterated, misbranded or counterfeit; condemnation; destruction or correction of defect; forfeiture and sale. A. Whenever an authorized agent of the board has probable cause to believe that any drug, device or cosmetic is adulterated, misbranded or counterfeit, he shall affix t…

prosecutions. It is the duty of the attorney general or the various district attorneys of this state to whom the board reports any violation of the New Mexico Drug, Device and Cosmetic Act to cause appropriate proceedings to be instituted in the proper courts without delay and to…

Nothing in the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act] shall be construed as requiring the board to report for the institution of proceedings, minor violations of the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act], …

additives. A. The board may adopt regulations authorizing color additives. B. Any added poisonous or deleterious substance or any color additive, shall with respect to any particular use or intended use be deemed unsafe for the purpose of application of Section 10A [26-1-10 NMSA …

ANNOTATIONS Recompilations. — Laws 1999, ch. 270, § 9 recompiled 26-2-4.1 NMSA 1978, relating to the substance abuse education fund, as 9-7-17 NMSA 1978, effective July 1, 1999. 26-2-5 to 26-2-14. Repealed.

Sections 1 through 7 [26-2A-1 to 26-2A-7 NMSA 1978] of this act may be cited as the "Controlled Substances Therapeutic Research Act". History: 1953 Comp., § 54-15-1, enacted by Laws 1978, ch. 22, § 1.

The legislature finds that recent research has shown that the use of marijuana may alleviate the nausea and ill-effects of cancer chemotherapy, and, additionally, may alleviate the ill-effects of glaucoma. The legislature further finds that there is a need for further research an…

As used in the Controlled Substances Therapeutic Research Act: A. "administrator" means the secretary, or his designee, of health and environment; B. "marijuana" means marijuana, tetrahydrocannabinols or a chemical derivative of tetrahydrocannabinol; and C. "practitioner" means a…

participation. A. There is established in the health and environment department [department of health] the "Lynn Pierson therapeutic research program". The program shall be administered by the administrator. The department shall promulgate rules and regulations necessary for the …

and duties. A. The administrator, upon the recommendation of the New Mexico medical society, shall appoint a patient qualification review board to serve at his pleasure. The patient qualification review board shall be comprised of: (1) a physician licensed to practice medicine in…

A. The administrator shall obtain marijuana through whatever means he deems most appropriate, consistent with regulations promulgated by the national institute on drug abuse, the food and drug administration and the drug enforcement administration and pursuant to the provisions o…

The administrator, in conjunction with the patient qualification review board, shall each year report his findings and recommendations to the governor and the legislature regarding the effectiveness of the Lynn Pierson therapeutic research program. History: 1953 Comp., § 54-12-7,…

Chapter 26, Article 2B NMSA 1978 may be cited as the "Lynn and Erin Compassionate Use Act" in honor of Lynn Pierson and Erin Armstrong. History: Laws 2007, ch. 210, § 1; 2019, ch. 247, § 2.

A person who is serving a period of probation or parole or who is in the custody or under the supervision of the state or a local government pending trial as part of a community supervision program shall not be penalized for conduct allowed under the Lynn and Erin Compassionate U…

The purpose of the Lynn and Erin Compassionate Use Act is to allow the beneficial use of medical cannabis in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments. History: Laws 2007, ch. 210, § 2.

As used in the Lynn and Erin Compassionate Use Act: A. "adequate supply" means an amount of cannabis, in any form approved by the department, possessed by a qualified patient or collectively possessed by a qualified patient and the qualified patient's primary caregiver that is de…

use of cannabis. A. A qualified patient or a qualified patient's primary caregiver shall not be subject to arrest, prosecution or penalty in any manner for the possession of or the medical use of cannabis if the quantity of cannabis does not exceed an adequate supply; provided th…

use of cannabis; criminal penalties. 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: (1) criminal prosecution or civ…

The secretary of health shall establish an advisory board consisting of nine practitioners knowledgeable about the medical use of cannabis. The members shall be chosen for appointment by the secretary from a list proposed by the New Mexico medical society, the New Mexico nurses a…

In consultation with qualified patients and primary caregivers, the department shall produce an assessment report annually, which shall be published to the public and that includes at a minimum an evaluation of: A. the affordability of and accessibility to medical cannabis pursua…

reciprocity. A. After consultation with the advisory board, the department shall promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] to implement the purpose of the Lynn and Erin Compassionate Use Act. The rules shall: (1) govern the manner i…

certification. The department shall require a qualified patient to reapply for a registry identification card no sooner than thirty days before the date the patient's current registry identification card expires; provided that, in order to remain eligible for participation in the…

The department shall not limit the amount of THC concentration in a cannabis product; provided that the department may by rule adopt requirements for apportionment and packaging of cannabis products. History: Laws 2019, ch. 247, § 10.