N.M. Admin. Code § 7.34.3.3
The requirements set forth herein are promulgated by the secretary of the department of health pursuant to the authority granted under Section 9-7-6(E) NMSA 1978, and the Lynn and Erin Compassionate Use Act, 26-2B-1et seq. NMSA 1978. Although federal law currently prohibits any use of cannabis, the laws of several states permit the medical use and cultivation of cannabis. New Mexico adopts these regulations to accomplish the purpose of the Lynn and Erin Compassionate Use Act as stated in Section 26-2B-2 NMSA 1978, "to allow the beneficial use of medical cannabis in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments," while at the same time ensuring proper enforcement of any criminal laws for behavior that has been deemed illicit by the state.
N.M. Admin. Code § 7.34.3.3