A. Participation in a medical use of cannabis program by a qualified patient, primary caregiver or reciprocal participant does not relieve the qualified patient, primary caregiver or reciprocal participant from:
(1) criminal prosecution or civil penalties for activities not authorized in the Lynn and Erin Compassionate Use Act;
(2) liability for damages or criminal prosecution arising out of the operation of a vehicle while under the influence of cannabis; or
(3) criminal prosecution or civil penalty for possession or use of cannabis:
(a) in the workplace of the qualified patient's, primary caregiver's or reciprocal participant's employment; or
(b) at a public park, recreation center, youth center or other public place.
B. A person who makes a fraudulent representation to a law enforcement officer about the person's participation in a medical use of cannabis program to avoid arrest or prosecution for a cannabis-related offense is guilty of a petty misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.