New Mexico Register / Volume XXX, Issue 20 / October 29, 2019

This is an emergency amendment to 7.34.4 NMAC, Section, 14, effective 10/4/2019.

7.34.4.14 LABELING OF USABLE CANNABIS: A non-profit producer shall not sell or otherwise distribute a usable cannabis product that has not been packaged and labeled in accordance with this rule.

A. The label shall identify:

[A.] (1) the name of the entity that produced the cannabis, and the name of the manufacturer of the cannabis-derived product (as applicable);

[B.] (2) a batch number or code;

[C.] (3) a production date or expiration date, including a “use by” or “freeze by” date for products capable of supporting the growth of infectious, toxigenic, or spoilage microorganisms;

[D.] (4) the number of units of usable cannabis or concentrated cannabis-derived product contained within the product, as identified in department rules for the enrollment of qualified patients;

[E.] (5) for dried, usable cannabis: the quantity of THC and CBD, which shall be expressed by weight;

[F.] (6) for concentrated cannabis derived product: the quantity of THC and CBD, which shall be expressed by weight and by percentage of total weight;

[G.] (7) pesticide(s) used in the production of the cannabis or cannabis-derived product;

[H.] (8) instructions for use;

[I.] (9) warnings for use;

[J.] (10) instructions for appropriate storage;

[K.] (11) approved laboratory analysis, including the results of strength and composition within ten percent (10%) of numbers shown on the package;

[L.] (12) the name of the strain, product facts, or a nutrition fact panel, and a statement that the product is for medical use by qualified patients, to be kept away from children, and not for resale;

[M.] (13) whether the batch from which the product was derived was sampled and tested by an approved laboratory; and

[N.] (14) the name of the department approved testing facility used for active ingredient analysis, and quantity of THC and CBD (as applicable).

B. Vaporization products label: All cannabis-derived products that are intended to be consumed by vaporization must additionally include a plainly legible health warning on the label that states in bolded text, “WARNING: Vaping cannabis-derived products containing tetrahydrocannabinol (THC) has been associated with cases of severe lung injury, leading to difficulty breathing, hospitalization, and even death.”

[7.34.4.14 NMAC - N, 2/27/2015; A, 2/29/2016; A/E, 10/4/2019]