Participation in the medical cannabis program by a qualified patient or primary caregiver does not relieve the qualified patient or primary caregiver from:

1. A. criminal prosecution or civil penalties for activities not authorized in this rule and act;
2. B. criminal prosecution or civil penalties for fraudulent representation to a law enforcement officer about the person’s participation in the program to avoid arrest or prosecution;
3. C. liability for damages or criminal prosecution arising out of the operation of a vehicle while under the influence of cannabis or cannabis-derived products; or

4. D. criminal prosecution or civil penalty for possession, distribution, transfer, or use of cannabis or a cannabis-derived product:

   1. (1) in the workplace of the qualified patient's or primary caregiver's employment;
   2. (2) at a public park, recreation center, youth center, or other public place;
   3. (3) to a person not approved by the department pursuant to this rule;
   4. (4) outside New Mexico or attempts to obtain or transport cannabis, or cannabis-derived products from outside New Mexico; or
   5. (5) that exceeds the allotted amount of usable medical cannabis, or cannabis-derived products.

[7.34.3.15 NMAC - Rp, 7.34.3.13 NMAC, 2/27/2015; A, 8/27/2019]