Wednesday, May 24, 2017

Medical Cannabis Advisory Board Recommendations Empower Medical Cannabis Community

RELEASE -Friday, April 7th 2017
LECUA_thc_cbd.png



The LECUA Patient’s Coalition Of New Mexico has provided the New Mexico Department of Health Medical Cannabis Program 20 Petitions for the Medical Cannabis Advisory Board to review and address at the MCAB Hearing 10am - Friday - April 7th - 2017.  
Petitions Authored & Organized By Jason Barker
- Medical Cannabis Patient & Organizer with the
LECUA Patient’s Coalition Of New Mexico

All Petitions Can Be Viewed Online At:
LECUA NM MCP MCAB Petitions:
http://lecuanmmcpmcabpetitions.blogspot.com/

These Petitions Reviewed By The MCAB, Isn’t A Medical Cannabis Case…
It’s A HealTHCare Case.

Petition Action Vote (Y/N)
2017‐012 Add autism as a condition Recommended to add to MCP 3-0
2017‐013 Add anxiety as a condition Recommended to add to MCP 3-1
2017‐014 Add depression Recommended to add to MCP 4-0
2017‐015 Add Concussions, CTE and TBI as conditions Tabled
2017‐016 Add diabetes 0-4
2017‐017 Add Dystonia Recommended to add to MCP 4-0
2017‐018 Add Migraines Recommended to add to MCP 4-0
2017‐019 Add Rheumatoid Arthritis Recommended to expand terms 4-0
(Petition 2017-019 (Title Was TO BE) : Requesting The Inclusion Of A New Medical Condition: Rheumatoid Arthritis (RA) To Include:
There are more than 100 different forms of arthritis and related diseases. The most common types include osteoarthritis (OA), rheumatoid arthritis (RA), psoriatic arthritis (PsA), fibromyalgia and gout.   *Printing Error at copy place used wrong cover page…)

2017‐020 Sleep Disorders Recommended to add to MCP 4-0
2017‐021 Substance Abuse Disorder Tabled
2017‐022 Patient Run Collectives Recommended to add to MCP 4-0
2017-005 Change/increase possession limit to 16 oz Recommended to add to MCP 4-0
2017-009 Removal of Max THC Content Recommended Removal of Cap   4-0

Per legal counsel’s input petitions numbered 1,2,3,4, and 11 would require statutory changes or are not covered under the duties of the MCAB and will not be discussed.
2017-001 Add Veteran Status as a Qualifying Condition
2017-002 Allow any chronic condition to be a qualifying condition
2017-003 Change LECUA to give MCAB more authority (increase membership)
2017-004 Change LECUA to make renewals every three years
2017-011 Add definition of Medical Treatment definition to LECUA and add Adequate
Supply
Petitions 6, 8,10 and 23 concern the licensed producers and would require statutory changes and are not covered under the duties of the MCAB and will not be discussed.
2017-006 Allow PPL holders to use manufacturers for conversion of product.
2017-008 Remove CBD plants from producer plant count (This is a regulatory change).
2017-010 Increase plants for licensed producers (This is a regulatory change).
2017-023 Develop MCP education and research components

All Petitions Can Be Viewed Online At:
LECUA NM MCP MCAB Petitions
http://lecuanmmcpmcabpetitions.blogspot.com/


Petitions provided to the Medical Cannabis Advisory Board (MCAB)

  1. Petition Pertaining to the Medical Treatment; Adequate Supply: Limit of 230 Units per 3 months changed/increased

   II. Petition Pertaining to the Medical Treatment; Adequate Supply:
            Potency Cap of THC for  Concentrates Removed

   III. Petition Pertaining to the Medical Treatment; Adequate Supply:
            Personal Production License Plant Increase & PPL Collectives  
   IV. Petition Pertaining to the Medical Treatment; Adequate Supply: LNPP Plant Count Increase

   V. Petition Pertaining to the Medical Treatment; Adequate Supply:
            Remove CBD from Plant Count

   VI. Petition Pertaining to the Condition to Add: Anxiety Disorder

   VII. Petition Pertaining to the Condition to Add: Autism Spectrum Disorder

    VIII. Petition Pertaining to the Condition to Add: Concussion, CTE, & TBI

    IX. Petition Pertaining to the Condition to Add: Depression (clinical)

    X. Petition Pertaining to the Condition to Add: Diabetes Mellitus

    XI. Petition Pertaining to the Condition to Add: Dystonia
    XII. Petition Pertaining to the Condition to Add: Migraine
    XIII. Petition Pertaining to the Condition to Add: Rheumatoid Arthritis

    XIV. Petition Pertaining to the Condition to Add: Substance Abuse Disorder
    XV. Petition Pertaining to the Medical Treatment; Exception To Qualifying Conditions To Add:
            A Person’s Status as a Veteran

    XVI. Petition Pertaining to the Medical Treatment; Increase MCAB membership
            (Medical cannabis advisory board responsibilities and duties)

   XVII. Petition Pertaining to the Medical Treatment; ADA language for Section 8 of LECUA
            (Medical cannabis registry identification cards)    

  XVIII. Petition Pertaining to the Medical Treatment; Medical Cannabis 3 yr registry
            identification cards
Presumptive eligibility and once a patient is accepted into the program,  registry and PPL identification cards should be set at a 3 renewal basis. The Department can then do yearly address verification by mail all while maintaining safe access to medical cannabis.

  XIX. Petition Pertaining to the Medical Treatment; Medical Cannabis Program Research
            & Education Established

  XX. Petition Pertaining to the Condition to Add: Insomnia / Sleep Disorders


Next MCAB Meeting Tentative Date of Nov 3rd 2017 at 10am

Friday, March 10, 2017

Petition’s Provided To The NM Medical Cannabis Program - Medical Cannabis Advisory Board Meeting: Friday April 7th, 2017





Petition’s Provided To The NM Medical Cannabis Program - Medical Cannabis Advisory Board
Meeting: Friday April 7th, 2017

Printing Of Petitions Provided By:





  1. Medical Treatment; Adequate Supply: Limit of 230 Units per 3 months changed/increased
Pgs. 10


   II. Medical Treatment; Adequate Supply: Potency Cap of THC for Concentrates Removed
Pgs. 15


   III. Medical Treatment; Adequate Supply: PPL Plant Increase & PPL Collectives  
Pgs. 22


   IV. Medical Treatment; Adequate Supply: LNPP Plant Count Increase     
Pgs. 23


   V. Medical Treatment; Adequate Supply: Remove CBD from Plant Count
Pgs. 17


   VI. Condition to Add: Anxiety Disorder
Pgs. 18


   VII. Condition to Add: Autism Spectrum Disorder
Pgs. 23


    VIII. Condition to Add: Concussion, CTE, & TBI
Pgs. 21


    IX. Condition to Add: Depression (clinical)
Pgs. 16


    X. Condition to Add: Diabetes Mellitus
Pgs. 20


    XI. Condition to Add: Dystonia
Pgs. 16


    XII. Condition to Add: Migraine
Pgs. 15


    XIII. Condition to Add: Arthritis
Pgs. 15


    XIV. Condition to Add: Substance Abuse Disorder
Pgs. 34


    XV. Medical Treatment; Exception To Qualifying Conditions To Add: A Person’s Status as a Veteran
Pgs. 37


    XVI. Medical Treatment; Increase MCAB membership (Medical cannabis advisory board responsibilities and duties)
Pgs. 8


   XVII. Medical Treatment; ADA language for Section 8 of LECUA (Medical cannabis registry identification cards)    
Pgs. 12


  XVIII. Medical Treatment; Medical cannabis 3 yr registry identification cards
Presumptive eligibility and once a patient is accepted into the program,  registry and PPL identification cards should be set at a 3 renewal basis. The Department can then do yearly address verification by mail all while maintaining safe access to medical cannabis.
Pgs. 14


  XIX. Medical Treatment; Medical Cannabis Program Research & Education Established
Pgs. 19


  XX.  Condition to Add: Insomnia / Sleep Disorders
Pgs. 12

About The Author:
I am proactively involved with New Mexico’s Medical Cannabis Community through my advocacy and activism for all, by launching a positive inclusive grassroots movement for all in our medical cannabis community - LECUA Patients Coalition of New Mexico. In addition to promoting awareness for the benefits of cannabis for the public at large. During the current session I have been in touch with and affect medical cannabis policy with legislators.

I am also an accomplished, well- organized, person with 10+ years of customer service experience. I am also a Patient in the medical cannabis program, with C-PTSD, Poland’s Syndrome and Asperger’s; which provides me with great understanding for what other patients are going through.  Medical Cannabis has been part of my life and treatment for over 20 years. Throughout my career I consistently established integrity, quality and professionalism to provide organizations/clients with broad array of services, skills and vast knowledge I have. My strong background from my First Responder/EMT/Beach Patrol experience, Exercise Science, Nutrition & Psychology studies at Ohio State, and a strong mechanical/ problem solving ability from my years in the cycling industry as a mechanic. I have also worked 4 years at a garden center/ greenhouse along with a year managing on a organic farm in Asheville.

I also use my very strong health & wellness background from my exercise science studies, and I am writing some articles and submitting them to medical cannabis publications, as Duke City Fitness & Wellness (all services are provided at no cost and hope to turn into a nonprofit) with a central theme of most all my articles pertaining to the fitness, health, diet and wellness of the patient in relation to use of medical cannabis and how individuals can improve health with the benefits of cannabis & other positive lifestyle adaptations. My goals when I write are to always provide something that will Unite, Network, Grow, Inform and Educate the reader with hopes each one is able to take one good thing from the article to improve their own life.

About Jason:
CERTIFICATIONS
• Exercise Specialist Certificate for Personal Training / Life Coaching / Sport Nutrition
• International Mountain Bike Association- National Mountain Bike Patrol
• USA Cycling Coach
• Bike Patrol-Central Ohio Mountain Bike Organization; Columbus, OH — 2005 -2010
• Bike Patrol-IMBA National Mountain Bike Patrol; Lee County, FL —2007-2008
• Youth Cycling Coach-Savage Hill Cycling Team; Westerville, OH — 2004-2005
• Isle of Palms Police Dept. - Beach Patrol — 1997
• Open Water Rescue Professional / Beach Patrol / EMT ; Hilton Head Is., SC 1994-1997


EDUCATION
The Ohio State University, Columbus, OH— School of Physical Activity & Educational Services, Exercise Science Major—2010-2011
Columbus State, Columbus, OH — Exercise Specialist Certificate — Phi Theta Kappa Honor Society —2009-2010
College of Charleston, Charleston, SC — Political Science —1996
Dublin Coffman High School, Dublin, OH — 1990-1994




Establishing the LECUA Patients Coalition Of New Mexico is a great way to formally bring together like-minded activists in OUR medical cannabis community to work together toward ensuring safe access to medical cannabis. LECUA Patients Coalition Of New Mexico will provide a state network of activists and goals to provide a national coalition network and staff; who work together on a regular basis to achieve shared goals. A great grassroots movement brings together vibrant activists in an environment of mutual respect, shared responsibility, and constructive political activism and creates a space for new advocates to plug into the movement. The ideal grassroots movement is networked into the larger community and is a constructive voice for patients, future patients and providers of medical cannabis in the state of New Mexico.


The best grassroots movements combine the art of conversation with skilled activism. They are considered by elected officials to be a principled voice and smart resource for community leaders who are interested in addressing the question of medical cannabis. The primary focus is on Medical Cannabis, LECUA Patients Coalition Of New Mexico is solely focused on expanding safe access to medical cannabis in New Mexico.


This means that LECUA Patients Coalition Of New Mexico position does support legalization of cannabis for nonmedical therapeutic purposes or on related issues, such as incarceration or sentencing standards for recreational drug use; this support will be to provide advocacy for policy writing that first & foremost protects and improves the spirit and intent of the LECUA, 2007, protects and improves the Medical Cannabis Program in said legislation, and  improves the State Department of Health Medical Cannabis Rules & Regulations.


Petitions Authored & Organized By Jason Barker
- Medical Cannabis Patient & Organizer with the
LECUA Patient’s Coalition Of New Mexico




New Mexico Department of Health
Medical Cannabis Advisory Board Petition Requirements

Complete petitions must be received by the Medical Cannabis Program at least 35 calendar days before the Advisory Board is scheduled to meet to ensure a place in the Public Hearing notice. Copies of the agenda can be obtained 72 hours prior to the meeting.


A petitioner must file the following information with the Medical Cannabis Program:
1. The name, address and telephone number of the petitioner and the medical condition, medical treatment or disease sought to be added to the existing debilitating medical conditions;
2. An introductory narrative requesting the inclusion of a new medical condition, medical treatment or disease;
3. A summary or summaries of the proposed benefits from the medical use of cannabis specific to the medical condition, medical treatment or disease sought to be added to the existing medical conditions approved for participation in the program, including any credible published studies known to the petitioner;
4. Medical records from the petitioner which are relevant to the condition, treatment or disease sought to be added to the list of eligible conditions for enrollment;
5. A copy of the petitioner’s New Mexico driver’s license or comparable New Mexico state or federal issued photo identification card verifying New Mexico residence.

The petition may be presented to the Medical Advisory Board by either the petitioner or their representative.
Statement of intent to present technical evidence:
If the petitioner wishes to present technical evidence at the hearing, the petition shall include a statement of intent. The statement of intent to present technical evidence shall include:
(a) The name of the person filing the statement;
(b) The name of each witness;
(c) An estimate of the length of the direct testimony of each witness;
(d) A list of exhibits, if any, to be offered into evidence at the hearing; and;
(e) A summary or outline of the anticipated direct testimony of each witness.

Please submit two copies of the petition as the information will be redacted to protect the identity of the petitioner. Only the Medical Cannabis Program staff will know the identity of the petitioner, unless the petitioner wishes to meet with the Medical Advisory Board at the actual hearing. The Board is not available for individual meetings prior to the hearing.
All petitions should be either hand delivered or mailed to:
Medical Cannabis Program
New Mexico Dept. of Health
1190 St. Francis Dr, S3400
Santa Fe, NM 87505

7.34.2.9                 PETITION REQUIREMENTS:
               A.            Petition requirements. The advisory board may accept and review petitions from any individual or association of individuals requesting the addition of a new medical condition, medical treatment or disease for the purpose of participating in the medical cannabis program and all lawful privileges under the act. Except as otherwise provided, a petitioner filing a petition shall file the petition and a copy with the medical cannabis program staff by either personal delivery or certified mail. In order for a petition to be processed and forwarded to the advisory board the following information shall be submitted to the medical cannabis program staff.
                               (1)           Petition format: Unless otherwise provided by this part or by order of the hearing officer, all documents, except exhibits, shall be prepared on 8 1/2 x 11-inch white paper, printed double-sided, if possible, and where appropriate, the first page of every document shall contain a heading and caption. The petitioner shall include in the petition documents a narrative address to the advisory board, which includes:
                                               (a)           petition caption stating the name, address and telephone number of the petitioner and the medical condition, medical treatment or disease sought to be added to the existing debilitating medical conditions;
                                               (b)           an index of the contents of the petition, an introductory narrative of the individual or association of individuals requesting the inclusion of a new medical condition, medical treatment or disease to include the individual or association of individuals’ relationship or interest for the request whether that interest is professional or as a concerned citizen;
                                               (c)           the proposed benefits from the medical use of cannabis specific to the medical condition, medical treatment or disease sought to be added to the existing debilitating medical conditions listed under the act; and
                                               (d)           any additional supporting medical, testimonial, or scientific documentation.
                               (2)           Statement of intent to present technical evidence: If the petitioner wishes to present technical evidence at the hearing, the petition shall include a statement of intent. The statement of intent to present technical evidence shall include:
                                               (a)           the name of the person filing the statement;
                                               (b)           the name of each witness;
                                               (c)           an estimate of the length of the direct testimony of each witness;
                                               (d)           a list of exhibits, if any, to be offered into evidence at the hearing; and
                                               (e)           a summary or outline of the anticipated direct testimony of each witness.
               B.            Qualified patient applicant petitioner: If the petitioner is submitting their requests as a potential qualified patient applicant the petitioner shall attach an original medical practitioner’s certification for patient eligibility form provided by the medical cannabis program manager or designee which includes the following information:
                               (1)           the name, address, telephone number and clinical licensure of the petitioner’s practitioner;
                               (2)           the medical justification for practitioner’s certification of the petitioner’s debilitating medical condition;
                               (3)           the practitioner’s signature and date of signature;
                               (4)           the name, address and date of birth of the petitioner;
                               (5)           the name, address and telephone number of the petitioner’s practitioner;
                               (6)           a reasonable xerographic copy of the petitioner’s New Mexico driver’s license or comparable New Mexico state or federal issued photo identification card verifying New Mexico residence;
                               (7)           documented parental consent if applicable to the petitioner;
                               (8)           if applicable, the petitioner’s potential debilitating medical condition;
                               (9)           the length of time the petitioner has been under the care of the practitioner providing the medical provider certification for patient eligibility;
                               (10)         the petitioner’s signature and date; and
                               (11)         a signed consent for release of medical information form provided by the medical cannabis program.
               C.            Petitioner confidentiality: The department shall maintain a confidential file containing the names and addresses of the persons who have either applied for or received a public hearing petition request. Individual names on the list shall be confidential and not subject to disclosure, except:
                               (1)           to authorized employees or agents of the department as necessary to perform the duties of the department pursuant to the provisions of the act or this part;
                               (2)           as provided in the federal Health Insurance Portability and Accountability Act of 1996.
               D.            Department notification: The medical cannabis program manager or designee shall review each petition request and within reasonable time after receipt issue notice of docketing upon the petitioner, each advisory board member, and the advisory board legal counsel. The notice of docketing shall contain the petition caption and docket number, the date upon which the petition was received and scheduling date of the advisory board public hearing. A copy of this rule shall be included with a notice of docketing sent to the petitioner.
               E.            Examination allowed: Subject to the provisions of law restricting the public disclosure of confidential information, any person may, during normal business hours, inspect and copy any document filed in any public hearing proceeding. Inspection shall be permitted in accordance with the Inspection of Public Records Act, Sections 14-2-1 et seq., NMSA 1978, but may be limited by the Health Insurance Portability and Accountability Act of 1996. Documents subject to inspection shall be made available by the medical cannabis program manager, or designee as appropriate. Unless waived by the department, the cost of duplicating documents or audio filed in any public hearing proceeding shall be borne by the person seeking the copies.
               F.            Notice of withdrawal: A petitioner may withdraw a petition at any time prior to a decision by the advisory board by filing a notice of withdrawal with the medical cannabis program manager or designee.
[7.34.2.9 NMAC - Rp, 7.34.2.9 NMAC, 2/27/2015]


7.34.2.10               ADVISORY BOARD PUBLIC HEARING PROCEDURES:
               A.            Public hearing requirement: The advisory board shall convene by public hearing at least twice per year to accept and review petitions requesting the inclusion of medical conditions, medical treatments or diseases to the list of debilitating medical conditions. Any meeting consisting of a quorum of the advisory board members held for the purpose of evaluating, discussing or otherwise formulating specific opinions concerning the recommendation of a petition filed pursuant to this rule, shall be declared a public hearing open to the public at all times, unless a portion of the hearing is closed to protect information made confidential by applicable state or federal laws.  A petitioner or his or her representative may request to close a portion of the hearing to protect the disclosure of confidential information by submitting their request in writing and having that request delivered to medical cannabis program staff at least 48 hours prior to the hearing.
               B.            Location of the public hearing: Unless otherwise ordered by the advisory board, the public hearing shall be in held in New Mexico at a location sufficient to accommodate the anticipated audience.
               C.            Public hearing notice: The medical cannabis program manager or designee shall, upon direction from the advisory board chairperson, prepare a notice of public hearing setting forth the date, time and location of the hearing, a brief description of the petitions received, and information on the requirements for public comment or statement of intent to present technical evidence, and no later than 30 days prior to the hearing date, send copies, with requests for publication, to at least one newspaper of general circulation.  The program manager or designee may further issue notice of the hearing by any other means the department determines to be acceptable to provide notice to the public.
               D.            Public hearing agenda: The department shall make available an agenda containing a list of specific items to be discussed or information on how the public may obtain a copy of such agenda.
               E.            Postponement of hearing: Request for postponement of a public hearing will be granted, by the advisory board for good cause shown.
               F.            Statement of intent to present technical evidence: Any individual or association of individuals who wish to present technical evidence at the hearing shall, no later than 15 days prior to the date of the hearing, file a statement of intent. The statement of intent to present technical evidence shall include:
                               (1)           the name of the person filing the statement;
                               (2)           indication of whether the person filing the statement supports or opposes the petition at issue;
                               (3)           the name of each witness;
                               (4)           an estimate of the length of the direct testimony of each witness;
                               (5)           a list of exhibits, if any, to be offered into evidence at the hearing; and
                               (6)           a summary or outline of the anticipated direct testimony of each witness.
               G.            Ex parte discussions: At no time after the initiation and before the conclusion of the petition process under this part, shall the department, or any other party, interested participant or their representatives discuss ex parte the merits of the petitions with any advisory board member.
               H.            Public hearing process: The advisory board chairperson shall conduct the public hearing so as to provide a reasonable opportunity for all interested persons to be heard without making the hearing unreasonably lengthy or cumbersome or burdening the record with unnecessary repetition.
                               (1)           A quorum of the advisory board shall consist of three voting members.
                               (2)           The advisory board chairperson or alternate shall convene each public hearing by:
                                               (a)           introduction of the advisory board members;
                                               (b)           statutory authority of the board;
                                               (c)           statement of the public hearing agenda; and
                                               (d)           recognition of the petitioner.
                               (3)           Petitioner comment period. The petitioner or by representative may present evidence to the advisory board. The advisory board shall only consider findings of fact or scientific conclusions of medical evidence presented by the petitioner or by representative to the advisory board prior to or contemporaneously with the public hearing.
                               (4)           Public comment period: The advisory board may provide for a public comment period. Public comment may be by written comment, verbal or both.
                                               (a)           Written comment: Any individual or association of individuals may submit written comment to the advisory board either in opposition or support of the inclusion of a medical conditions, medical treatments or diseases to the existing list of debilitating medical conditions contained under the act. All written comment shall adhere to the requirements of Subsection F of this section.
                                               (b)           Public comment: Any member of the general public may testify at the public hearing.  No prior notification is required to present general non-technical statements in support of or in opposition to the petition.  Any such member may also offer exhibits in connection with his testimony, so long as the exhibit is non-technical in nature and not unduly repetitious of the testimony.
               I.             Recording the hearing: Unless the advisory board orders otherwise, the hearing will be audio recorded. Any person, other than the advisory board, desiring a copy of the audio tapes must arrange copying with the medical cannabis program or designee at their own expense.
[7.34.2.10 NMAC - Rp, 7.34.2.10 NMAC, 2/27/2015]
7.34.2.11               ADVISORY BOARD RECOMMENDATION TO THE DEPARTMENT:
               A.            Advisory board recommendation: Upon final determination the advisory board shall provide to the secretary a written report of finding, which recommends either the approval or denial of the petitioner’s request.  The written report of findings shall include a medical justification for the recommendation based upon the individual or collective expertise of the advisory board membership. The medical justification shall delineate between the findings of fact made by the advisory board and scientific conclusions of credible medical evidence.
               B.            Department final determination: The department shall notify the petitioner within 10 days of the secretary’s determination. A denial by the secretary regarding the inclusion of a medical conditions, medical treatments or diseases to the existing list of debilitating medical conditions contained under the act shall not represent a permanent denial by the department. Any individual or association of individuals may upon good cause re-petition the advisory board. All requests shall present new supporting findings of fact, or scientific conclusions of credible medical evidence not previously examined by the advisory board.
[7.34.2.11 NMAC - Rp, 7.34.2.11 NMAC, 2/27/2015]


Contact Information

Physical Address
1474 Rodeo Rd., Suite 200
Santa Fe, NM 87505
505-827-2321 (Phone)
505-476-3025 (Fax)
Mailing Address
Department of Health
Medical Cannabis Program
PO Box 26110
Santa Fe, NM, 87502-6110
Email Address
medical.cannabis@state.nm.us


Forms & Documents

This section is a comprehensive reference to all of the forms, documents, publications and resources that are currently available for the Medical Cannabis Program (MCP).


Applications

Forms

General Information

Frequently Asked Questions

  • Medical Cannabis Patient Frequently Asked Questions
  • Medical Cannabis Provider Frequently Asked Questions


Rules & Regulations

  • NMAC 7.34.2 - Medical cannabis advisory board responsibilities and duties.
  • NMAC 7.34.3 - Medical cannabis registry identification cards.
  • NMAC 7.34.4 - Medical cannabis licensing requirements for producers, couriers, manufacturers and laboratories.

Lynn & Erin Compassionate Use Act Patient’s Coalition of New Mexico ~ A GrassRoots Movement!

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(All Rights Reserved 04/20/2016)