New Mexico Register / Volume XXX, Issue
23 / December 17, 2019
NOTICE OF PUBLIC HEARING
The New Mexico Department of Health (Department)
will hold a public hearing on the proposed repeal and replacement of 7.34.4
NMAC, and the proposed amendment of Department rule sections 7.34.2.7 and
7.34.3.7 NMAC. The hearing will be held
on January 16, 2020 at 9:00 a.m. in the auditorium of the Harold Runnels
Building, located at 1190 St. Francis Drive in Santa Fe, New Mexico. This is the second public hearing concerning
proposed rule revisions.
The proposed rule revisions include new provisions
in 7.34.4 NMAC concerning reciprocity for individuals who hold proof of
authorization to participate in the medical cannabis program of another state
of the United States, the District of Columbia, a territory or commonwealth of
the United States, or a New Mexico Indian nation, tribe or pueblo.
The proposed rule revisions also include
provisions in 7.34.4 NMAC for the establishment and operation of cannabis
consumption areas for qualified patients, that are
operated by licensed nonprofit producers.
The proposed rule revisions also include
various modifications to the licensing requirements at 7.34.4 NMAC for licensed
nonprofit producers, manufacturers, couriers, and laboratories, including but
not limited to:
·
Cannabis testing standards and requirements,
including but not limited to microbiological, mycotoxin, residual solvent, and
THC potency testing, new requirements for testing for pesticide residue, heavy
metals, and end products, and new sampling standards;
·
Cannabis packaging and labeling
requirements;
·
Application requirements and
licensing standards for nonprofit producers, manufacturers, laboratories, and
couriers;
·
Fees for couriers and
manufacturers;
·
Provisions concerning compliance by
licensees’ employees with the NM Parental Responsibility Act; and
·
Disciplinary actions and appeals
for producers, manufacturers, laboratories, and couriers.
The proposed rule revisions also include modifications
to definitions at sections 7.34.2.7, 7.34.3.7, and 7.34.4.7 NMAC.
The legal authority for the proposed rule
amendments is at Subsection E of Section
9-7-6 NMSA 1978, and Subsection A of Section 26-2B-7
NMSA 1978.
Free copies of the full text of the
proposed rule amendments can be obtained online from the New Mexico Department
of Health’s website at http://nmhealth.org/about/asd/cmo/rules/ or from Andrea Sundberg using the
contact information below.
The public hearing will be conducted to
receive public comment on the proposed repeal and replacement of 7.34.4 NMAC,
and the proposed amendment of 7.34.2.7, 7.34.3.7, and 7.34.4.7 NMAC. Any interested member of the public may attend
the hearing and submit data, views, or arguments either orally or in writing on
the proposed rule amendments during the hearing. Written public comment may also be submitted
prior to the date of the hearing. Please
submit any written comments regarding the proposed rule amendments to the
attention of:
Andrea Sundberg
NM Department of Health
Medical Cannabis Program
P.O. Box 26110
Santa Fe, NM 87502-6110
Or at:
Written comments must be
received by the close of the public rule hearing on January 16, 2020. All written comments will be published on the
agency website at http://nmhealth.org/about/asd/cmo/rules/ within 3 days of receipt, and will be available at
the New Mexico Department of Health Medical Cannabis Program for public
inspection.
If you are an individual with a disability
who is in need of special assistance or accommodations to attend or participate
in the hearing, please contact Andrea Sundberg by telephone at (505) 827-2318. The Department requests at least ten (10)
days advance notice to provide requested special accommodations.