New Mexico Statutes 7-9-73.2. Deduction; gross receipts tax and governmental gross receipts tax; prescription drugs; oxygen; cannabis
A. Receipts from the sale of prescription drugs and oxygen and oxygen services provided by a licensed medicare durable medical equipment provider and cannabis products that are sold in accordance with the Lynn and Erin Compassionate Use Act [N.M. Stat. Ann. Chapter 26, Article 2B] may be deducted from gross receipts and governmental gross receipts.
B. For the purposes of this section, “prescription drugs” means insulin and substances that are:
(1) dispensed by or under the supervision of a licensed pharmacist or by a physician or other person authorized under state law to do so;
(2) prescribed for a specified person by a person authorized under state law to prescribe the substance; and
(3) subject to the restrictions on sale contained in Subparagraph 1 of Subsection (b) of 21 USCA 353.