Saturday, September 16th 2017
New Mexico State Department of Health
Medical Cannabis Advisory Board
Medical Cannabis Program
PO Box 26110
Santa Fe, NM, 87502-6110
Medical Cannabis Program
PO Box 26110
Santa Fe, NM, 87502-6110
Petition: Medical Treatment; Requesting An Increase MCAB Membership (Medical Cannabis Advisory Board Responsibilities And Duties)
Table of Contents
Pg. 1 Cover Page
Pg. 2 - 4 Petition Introduction
Pg. 4 - 6 Petition Purpose and Background
Pg. 6 - 8 Relief Requested In Petition
Pg. 8 - 9 References
Petition Introduction: Medical Treatment; Requesting An Increase MCAB Membership (Medical Cannabis Advisory Board Responsibilities And Duties)
New Mexico’s medical cannabis history started in 1978, after public hearings the legislature enacted H.B. 329, the nation’s first law recognizing the medical value of cannabis. The New Mexico’s medical cannabis program (MCP) is the only program in the U.S. that places sole responsibility for regulation on the state’s Department of Health. Doctors must comply with state requirements for patients to be considered for applying to the medical cannabis program.
Today the New Mexico medical cannabis program has almost 50,000 registered participants with 35 Licensed (Non-Profit) Producers growing 14,550 medical cannabis plants, as the program hit the midpoint of its 10th year.The tremendous growth of the Medical Cannabis Program with new program participants, an increase of 75% during 2016, so that currently means we have almost 50,000 patients benefiting from medical cannabis. The medical cannabis program office is currently processing applications in a 12-14 day range and recommends submitting renewal and new patient applications a minimum of 60 days prior to expiration to allow ample time for processing. Due to the incredible growth in the medical cannabis program participants, there needs to be a clear increase to the plant count allowed for by the licensed producers from the Department of Health. In order for the Department of Health Medical Cannabis Program to allow for the beneficial treatment with medical cannabis, the Department must properly have “adequate supply”.
New Mexico Medical Cannabis Program 2017 2nd Quarter Report & 2017/2018 Re-licensure Summary
- 1 Licensed Non Profit Producer Per 1,300 Patient (The Patient number keep growing too)
- 35 LNPPs and 4 of those LNPPs have no operating dispensary;
additionally 4 LNPP's decided not to increase the number of plants they can grow;
of those four - 2 of these Licenses are being used to produce only 450 plants
- Average Price Per Gram (Flowers and Bud): $10.40
- Average Amount (Units) Purchased: 15.63
- (Average Transaction Amount: $162.55)
- Over Half of all Dispensary Locations are in Albuquerque City Area (Is it about the ‘business’ or about ‘medical’?)
- Totals Plants in Production: 12,281 (out of 13,800 possible)
- Number of Plants Harvested: 5,430
- 2017/2018 Re-licensure; Total Medical Cannabis Plants = 14,550 (For over 45,000 Patients)
- If all 35 LNPPs grew the max allowed: (450 Medical Cannabis Plants x 35) Total = 15,750
Link to 2017 2nd Quarter Report: https://nmhealth.org/publication/view/report/3606/
In the Lynn and Erin Compassionate Use Act, (2007) the law states; The Secretary of Health shall establish an advisory board consisting of eight practitioners representing the fields of neurology, pain management, medical oncology, psychiatry, infectious disease, family medicine and gynecology. The practitioners shall be nationally board-certified in their area of specialty and 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. A quorum of the advisory board shall consist of three members.
The advisory board shall:
A. review and recommend to the department for approval additional debilitating medical conditions that would benefit from the medical use of cannabis;
B. accept and review petitions to add medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the medical use of cannabis;
C. convene at least twice per year to conduct public hearings and to evaluate petitions, which shall be maintained as confidential personal health information, to add medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the medical use of cannabis;
D. issue recommendations concerning rules to be promulgated for the issuance of the registry identification cards; and
E. recommend quantities of cannabis that are necessary to constitute an adequate supply for qualified patients and primary caregivers.
First, do no harm. As an important step in becoming a doctor, medical students must take the Hippocratic Oath. And one of the promises within that oath is “first, do no harm”.
A. review and recommend to the department for approval additional debilitating medical conditions that would benefit from the medical use of cannabis;
B. accept and review petitions to add medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the medical use of cannabis;
C. convene at least twice per year to conduct public hearings and to evaluate petitions, which shall be maintained as confidential personal health information, to add medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the medical use of cannabis;
D. issue recommendations concerning rules to be promulgated for the issuance of the registry identification cards; and
E. recommend quantities of cannabis that are necessary to constitute an adequate supply for qualified patients and primary caregivers.
First, do no harm. As an important step in becoming a doctor, medical students must take the Hippocratic Oath. And one of the promises within that oath is “first, do no harm”.
We have a sound law in the Lynn and Erin Compassionate Use Act, as Section 2 reads; PURPOSE OF ACT.--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.
“ARTICLE 2B. LYNN AND ERIN COMPASSIONATE USE ACT
N.M. Stat. Ann. § 26-2B-2 (2009)
§ 26-2B-2. Purpose of act
The purpose of the Lynn and Erin Compassionate Use Act [26-2B-1 NMSA 1978] 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.
EFFECTIVE DATES. --Laws 2007, ch. 210, § 12 makes the act effective July 1, 2007.”
Petition Purpose and Background
The purpose of this petition Medical Treatment; Requesting An Increase MCAB Membership (Medical Cannabis Advisory Board Responsibilities And Duties); and “to allow the beneficial use of medical cannabis in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments”.
This petition Medical Treatment; Requesting An Increase MCAB Membership (Medical Cannabis Advisory Board Responsibilities And Duties); “to allow the beneficial use of medical cannabis in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments”, is being provided to bring the state Department of Health Medical Cannabis Program in compliance with the Lynn and Erin Compassionate Use Act. Updating the MCAB membership would then also be a reflection of the New Mexicans that the program was created to serve.
An Updated Medical Cannabis Advisory Board
To consist of 13 members to be appointed by the Director and reviewed by this Committee. A quorum of the advisory board shall consist 6 members. As this will strongly complement the eight nationally board-certified practitioners in their area of specialty and knowledgeable about the medical use of cannabis current on the Board. Updating the MCAB membership would then also be a reflection of the New Mexicans that the program was created to serve.
WhereAs: New members of the MCAB are to be:
one member who is a representative of the New Mexico Department of Agriculture;
at least one person who possesses a qualifying patient's registry identification card,
at least one person who is a designated primary caregiver of one or more qualifying patients,
at least one person who is an officer, board member, or other responsible party for a licensed medical cannabis dispensing facility,
and at least one qualifying patient who is either a Armed Forces Veteran or prior Law Enforcement/Fire/EMT Veteran status.
The State of Illinois and Ohio Medical Cannabis Programs have already used and employed this very petition in their program with advocates in that state for updating the membership of their MCAB to 17 members now. That State of West Virginia has a 12 member MCAB that was recently created. Pennsylvania’s Medical Cannabis Program has a 13 member advisory board that includes the State Pharmacy Board Chair on it. And the State of Colorado also has a 13 member MCAB. All of these were created by rules promulgated by their respective State’s Department of Health.
During the 2017 Regular Legislative Session, state lawmakers made efforts to legislate a number of changes to the state’s Medical Cannabis Program with over 25 different pieces of legislation, one of the bills vetoed by Gov. Susana Martinez, was House Bill-527, on Friday-April 7th 2017 (same day as the last medical cannabis advisory board meeting), saying she did so in part because she didn’t want to “eliminate an important responsibility” of the Medical Cannabis Advisory Board. Health Secretary Lynn Gallagher, who has the final word on changes to the state Medical Cannabis Program, hasn’t decided whether to accept new conditions and petitions the board recommended yet.
The State can allow the Department and Medical Cannabis Advisory Board to exercise that important responsibility they have to all New Mexicans and expand the MCAB Membership.
The Governor’s Office has highlighted the importance of such priorities like; Ensuring Transparency and Ethics in Government, and Keeping all New Mexicans Safe. In the Roundhouse, one of the state legislators’ primary functions is to represent the people who elect them, but it is by no means their only function. They help to solve the numerous problems of their constituents, they serve on interim committees and they continually study new ideas for legislation. The Department of Health’s mission is to promote health and wellness, improve health outcomes, and assure safety net services for all people in New Mexico. And 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.
Social and Biomedical Sciences at the University of New Mexico
A recent poll conducted by the New England Journal of Medicine showed the majority of physicians in the U.S. believe that medical Cannabis is a safe and effective pharmacological agent for certain mental and physical health conditions (Adler & Colbert, 2013). With increasing morbidity rates associated with currently available treatment options, such as prescribed narcotic abuse (particularly among non-Hispanic Whites), there is a legitimate place for Cannabis sativa as an alternative and perhaps primary therapeutic option for patients with a broad range and severity of negative health symptoms. Importantly, a recent study found that U.S. states that have enacted a medical Cannabis provision have experienced a 33% reduction in opiate-based overdose deaths (Bachhuber et al., 2014). Although it cannot be discerned with certainty, these data suggests that some patient populations may be experiencing significantly improved health and lower morbidity rates as a result of the option to use Cannabis in place of more conventional treatment options (e.g., prescribed narcotics). The substitutability of Cannabis sativa for alcohol could also reduce the exorbitant number of deaths and costs associated with alcohol abuse and drunk driving.
State health departments have approved a growing number of health conditions thought to be treatable with Cannabis sativa, based on the limited research available, as described here. These include:
- Acquired Immunodeficiency Syndrome (AIDS)
- Alzheimer's disease
- Anorexia
- Arthritis
- Autism
- Lou Gehrig's disease (ALS)
- Arnold-Chiari malformation and syringomyelia
- Cachexia/wasting syndrome
- Cancer
- Causalgia
- Chronic inflammatory demyelinating polyneuropathy
- Crohn's disease
- CRPS (Complex Regional Pain Syndrome Type I)
- CRPS (Complex Regional Pain Syndrome Type II)
- Dravet syndrome
- Dystonia
- Epilepsy
- Fibromyalgia (severe)
- Fibrous dysplasia
- Glaucoma
- Hepatitis C
- Hospice patients
- Human Immunodeficiency Virus (HIV)
- Huntington's disease
- Hydrocephalus
- Inflammatory bowel disease (IBS)
- Interstitial cystitis
- Lou Gehrig's disease (amyotrophic lateral sclerosis, or ALS)
- Lupus
- Migrains
- Multiple sclerosis
- Muscular dystrophy
- Muscle spasms
- Myasthenia gravis
- Myoclonus
- Nail-patella syndrome
- Neurofibromatosis
- Neuropathies
- Nausea
- Pain
- Parkinson's disease
- Post-concussion syndrome
- PTSD
- Residual limb pain
- Rheumatoid arthritis (RA)
- Seizures
- Sickle cell disease
- Sjogren's syndrome
- Spastic quadriplegia
- Spinal cord damage / disease
- Spinal cord injury
- Spinocerebellar ataxia (SCA)
- Terminal illness
- Tourette syndrome
- Tourette syndrome
- Traumatic brain injury (TBI)
- Undefined (any other) mental and physical conditions
Additional Resources:
Adler, J. N., and Colbert, J. A. Medicinal use of marijuana — polling results. N. Engl. J. Med 2013; 368:e30.
Bachhuber, M. A., Saloner, B., Cunningham, C. O., & Barry, C. L. Medical Cannabis Laws and Opioid Analgesic Overdose Mortality in the United States, 1999-2010 JAMA Intern Med. 2014;174(10):1668-1673.
Rules, Regulations, & Policy Solution For Requesting The Medical Treatment; Requesting An Increase MCAB Membership (Medical Cannabis Advisory Board Responsibilities And Duties)
The approval of this petition: Requesting The Medical Treatment; Requesting An Increase MCAB Membership (Medical Cannabis Advisory Board Responsibilities And Duties), that is being provided to the state Department of Health Medical Cannabis Program for an increase to MCAB Membership for the Department of Health. As the program grows so should the MCAB to better serve the purpose of the LECUA, we are now 10 years into the MCP and there should be members added to the MCAB.
The approval of this petition would bring the Department of Health in compliance with the intent of the law and uphold the spirit of the Lynn and Erin Compassionate Use Act, 2007. Fulfilling both;“ Section 2. PURPOSE OF ACT.--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” And Section 6. ADVISORY BOARD CREATED--DUTIES.
An Updated Medical Cannabis Advisory Board
To consist of 13 members to be appointed by the Director and reviewed by this Committee. A quorum of the advisory board shall consist 6 members. As this will strongly complement the eight nationally board-certified practitioners in their area of specialty and knowledgeable about the medical use of cannabis current on the Board. Updating the MCAB membership would then also be a reflection of the New Mexicans that the program was created to serve.
WhereAs: New members of the MCAB are to be:
one member who is a representative of the New Mexico Department of Agriculture;
at least one person who possesses a qualifying patient's registry identification card,
at least one person who is a designated primary caregiver of one or more qualifying patients,
at least one person who is an officer, board member, or other responsible party for a licensed medical cannabis dispensing facility,
and at least one qualifying patient who is either a Armed Forces Veteran or prior Law Enforcement/Fire/EMT Veteran status.
WhereAs: The MCAB shall meet at least four times per year, at times and places specified by the Director to be feasible for the patient community and public to attend.
WhereAs: The Department shall provide staff support to the committee.
WhereAs: All agencies of state government are directed to assist the Committee in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish information and advice that the members of the committee consider necessary to perform their duties.
New Language to Add:
“ADVISORY BOARD CREATED--DUTIES
The secretary of health shall establish an advisory board consisting of 13 members. Eight to be practitioners and representing the fields of neurology, pain management, medical oncology, psychiatry, infectious disease, family medicine and gynecology. The practitioners shall be nationally board-certified in their area of specialty and knowledgeable about the medical use of cannabis. The secretary of health shall establish an advisory board consisting of; one member who is a representative of the New Mexico department of agriculture; at least one person who possesses a qualifying patient's registry identification card; at least one person who is a designated primary caregiver of one or more qualifying patients; at least one person who is an officer, board member, or other responsible party for a licensed medical cannabis dispensing facility; and at least one qualifying patient who is either a Armed Forces Veteran or prior Law Enforcement/Fire/EMT Veteran status.
The secretary of health shall establish an advisory board consisting of 13 members. Eight to be practitioners and representing the fields of neurology, pain management, medical oncology, psychiatry, infectious disease, family medicine and gynecology. The practitioners shall be nationally board-certified in their area of specialty and knowledgeable about the medical use of cannabis. The secretary of health shall establish an advisory board consisting of; one member who is a representative of the New Mexico department of agriculture; at least one person who possesses a qualifying patient's registry identification card; at least one person who is a designated primary caregiver of one or more qualifying patients; at least one person who is an officer, board member, or other responsible party for a licensed medical cannabis dispensing facility; and at least one qualifying patient who is either a Armed Forces Veteran or prior Law Enforcement/Fire/EMT Veteran status.
The eight practitioners members shall be chosen for appointment by the secretary from a list proposed by the New Mexico medical society. The five new members shall be chosen for appointment by the secretary thru a department application process.
A quorum of the advisory board shall consist of 5 members.”
A. review and recommend to the department for approval additional debilitating medical conditions that would benefit from the medical use of cannabis;
B. accept and review petitions to add medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the medical use of cannabis;
C. convene at least 4 (four) times per year, at times and places specified by the Director to be feasible for the patient community and public to attend, providing a 60 day (sixty day) public notice; per year to conduct public hearings and to evaluate petitions, which shall be maintained as confidential personal health information, to add medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the medical use of cannabis;
D. issue recommendations concerning rules to be promulgated for the issuance of the registry identification cards; and
E. recommend quantities of cannabis that are necessary to constitute an adequate supply for qualified patients and primary caregivers.
F. the Department shall provide staff support to the committee.”
G. all agencies of state government are directed to assist the Committee in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish information and advice that the members of the committee consider necessary to perform their duties.”
New Mexico’s medical cannabis history started in 1978. After public hearings the legislature enacted H.B. 329, the nation’s first law recognizing the medical value of cannabis...the first law. The Department of Health should additional employ three staff members to provide medical cannabis health education statewide.
References:
Americans For Safe Access Policy Shop
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