New Mexico Register / Volume XXXII,
Issue 16 /August 24, 2021
TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 8 COMMERICAL AND MEDICAL CANNABIS
PART 1 GENERAL
PROVISIONS
16.8.1.1 ISSUING AGENCY:
New Mexico Regulation
and Licensing Department, Cannabis
Control Division.
[16.8.1.1 NMAC – N, 08/24/2021]
16.8.1.2 SCOPE: This rule applies
to all applicants for licensure pursuant to the Cannabis Regulation Act, the Lynn and
Erin Compassionate Use Act or division rules, and where applicable, the general
public.
[16.8.1.2 NMAC - N, 08/24/2021]
16.8.1.3 STATUTORY AUTHORITY: The requirements set forth herein are promulgated by the cannabis
control division pursuant
to the authority
granted under the Cannabis Regulation Act and the licensing
provisions of the Lynn and Erin Compassionate Use Act.
[16.8.1.3 NMAC - N, 08/24/2021]
16.8.1.4 DURATION: Permanent.
[16.8.1.4 NMAC - N, 08/24/2021]
16.8.1.5 EFFECTIVE DATE: August 24, 2021, unless
a later date is cited at the end of a section.
[16.8.1.5 NMAC - N,
08/24/2021]
16.8.1.6 OBJECTIVE: The objective of Part 1 is to
set forth the general provisions that apply to all of Chapter 8, and to all
persons affected or regulated by Chapter 8 of Title 16.
[16.8.1.6 NMAC - N, 08/24/2021]
16.8.1.7 DEFINITIONS: Unless
otherwise defined below, terms used in Title 16, Chapter 8, have
the same meanings as set forth in the Cannabis Regulation Act and the Lynn and
Erin Compassionate Use Act.
A. Definitions beginning with “A”:
(1) “Advisory committee” means the cannabis regulatory advisory committee.
(2) “Applicant” means any person who is seeking to become
licensed pursuant to the Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, or division rules.
B. Definitions beginning with “B”: “Batch” means, with regard to cannabis,
an identified quantity of cannabis no greater than 15 pounds
that is of the same strain
of cannabis, that is harvested during the same specified time period
from the same specified cultivation area,
and with respect
to which the same agricultural practices were utilized, including the use of any pesticides; and with regard to concentrated and cannabis product,
means an identified quantity that is uniform, that is intended to meet specifications for identity, strength, and composition, and that is manufactured, packaged, and labeled during a specified
time period according to a single manufacturing, packaging, and labeling protocol.
C. Definitions beginning with “C”:
(1) “Cannabis
Regulation Act” means the Cannabis Regulation Act, as enacted in
Chapter 4, Sections 1 through 42 of New Mexico Laws of 2021, and as may be
amended thereafter.
(2) “Cannabis
Waste” means all parts of the plant genus Cannabis which may or may not
contain a delta-9-tetrahydrocannabinol concentration of more than three-tenths
percent on a dry weight basis, whether growing or not; the seeds of the plant;
the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture or preparation of the plant, its seeds
or its resin; and the mature stalks of the plant; fiber produced from the
stalks; oil or cake made from the seeds of the plant; any other compound,
manufacture, salt, derivative, mixture or preparation of the mature stalks,
fiber, oil or cake; or the sterilized seed of the plant that is incapable of
germination which has been designated as no longer usable cannabis.
(3) “Concentrated cannabis product (“concentrate”)” means a cannabis
product that is manufactured by a division approved mechanical or chemical
process that separates
any cannabinoid from the cannabis
plant, and that contains
or that is intended
to contain at the time of sale or distribution, no
less than thirty-percent
THC by weight.
D. Definitions beginning with “D”:
(1) “Division” means the cannabis control division.
(2) “Diversion” means the unlawful transfer of a cannabis plant, plant material,
or cannabis product.
(3) “Dried cannabis” means the dried leaves,
flowers, and trim of the female cannabis plant, but does not include
the seeds, stalks, or roots of the cannabis
plant.
E. Definitions beginning with “E”: [RESERVED]
F. Definitions beginning with
“F”: [RESERVED]
G. Definitions beginning with “G”: [RESERVED]
H. Definitions beginning with
“H”: [RESERVED]
I. Definitions beginning
with “I”: [RESERVED]
J. Definitions beginning with “J”: [RESERVED]
K. Definitions beginning with “K”: [RESERVED]
L. Definitions beginning with “L”:
(1) “Licensee”
means any person who holds a license issued by the division
pursuant to the Cannabis Regulation Act, the Lynn and Erin Compassionate Use
Act, or division rules.
(2) “Limited-access
area”
means an indoor or outdoor area on the premises of a licensed cannabis
establishment where cannabis or cannabis products are cultivated, stored or
held, weighed, packaged, manufactured, disposed or wasted, all point-of-sale
(POS) areas, and any room or area storing a digital video surveillance system
storage device.
(3) “Lot” means an identified portion
of a batch, that is uniform and that is intended
to meet specifications for identity, strength, and composition; or, in the case of a cannabis product
or concentrate, an identified quantity
produced in a specified period
of time in a manner
that is uniform
and that is intended to meet specifications for identity, strength, and composition.
(4) “Lynn
and Erin Compassionate Use Act”
means the Lynn and Erin Compassionate Use Act, Section 26-2B-1 et seq.,
NMSA 1978.
M. Definitions beginning with “M”: “Minor”
means an individual who is less than 18
years of age.
N. Definitions beginning with “N”: [RESERVED]
O. Definitions beginning with “O”: [RESERVED]
P. Definitions beginning with “P”:
(1) “Pesticide” means a pesticide
as defined by the New Mexico Pesticide Control Act, Section 76-4-1 et seq., NMSA 1978.
(2) “Plant” means any cannabis
plant, cutting, or clone that has roots or that is cultivated with the intention
of growing roots.
(3) “Policy” means a written
statement of principles that guides and determines present and future decisions
and actions of the licensed person.
(4) “POS”
means point of sale system.
(5) “Person” means an individual, corporation, business trust, estate, trust,
partnership, limited liability company, association, joint venture, or any other
legal or commercial entity.
(6) “Produce” means to engage in any activity related to the planting
or cultivation of cannabis.
Q. Definitions beginning with “Q”:
[RESERVED]
R. Definitions beginning with “R”:
(1) “Recall” means to request the return of a product
after the discovery of a safety
issue or product defect.
(2) “RLD” means the regulation and licensing department.
S. Definitions beginning with “S”:
(1) “Security alarm system”
means any device or series of devices capable
of alerting law enforcement , including, but not limited
to, a signal system
interconnected with a radio frequency
method such as cellular,
private radio signals,
or other mechanical or electronic device used to detect
or report an emergency or unauthorized intrusion.
(2) “Segregate” means to separate
and withhold from use or sale batches,
lots, cannabis, usable cannabis, or cannabis
products in order to first determine its suitability for use through
testing by an approved
laboratory.
T. Definitions beginning with “T”:
(1) “THC” means tetrahydrocannabinol, a cannabinoid that is the primary psychoactive ingredient in cannabis.
(2) “Testing” means testing of cannabis and cannabis products consistent with division rules.
(3) “Track
and trace system” means the
electronic system designated by the division to track and trace the production,
transportation, sale, and wastage of cannabis and cannabis products.
U. Definitions beginning with “U”:
[RESERVED]
V. Definitions beginning with “V”: “Vault”
means a limited access storage room that is within a licensed cannabis
establishment and is outfitted with adequate security features for the purposes
of storing cannabis, cannabis products, or cash.
W. Definitions beginning with “W”:
“Waste” or “wastage” means the process of rendering
cannabis or cannabis products unusable and unrecognizable, including the destruction of
cannabis or cannabis products.
X. Definitions beginning with “X”: [RESERVED]
Y. Definitions beginning with “Y”: [RESERVED]
Z. Definitions beginning with “Z”: [RESERVED]
[16.8.1.7 NMAC - N, 08/24/2021]
16.8.1.8 SOCIAL AND
ECONOMIC EQUITY:
A. Division mandate: Pursuant to the Cannabis Regulation Act, Paragraphs (7) and (8) of
Subsection B of Section 26-2C-3 NMSA 1978, the
division must adopt procedures to promote and encourage full participation in
the cannabis industry of representatives of communities that have
disproportionately been harmed by rates of arrest through the enforcement of
cannabis prohibitions and encourage racial, ethnic, gender, geographic
diversity, and New Mexico residency among license applicants, licensees and
cannabis industry employees. Policies must also encourage representatives from
rural communities that are likely to be impacted by cannabis production,
including agricultural producers from economically disadvantaged communities.
B. Division goal: To accomplish these mandates, the division establishes a goal that at least
fifty percent of applicants for licensure, licensees, and cannabis industry
employees will represent these groups.
C. Social and economic equity plan: The division, with the advice of the cannabis regulatory advisory
committee, shall solicit public input to create and implement a social and
economic equity plan. A plan shall be created no later than October 15, 2021,
and will include guidelines to determine how to assess which communities have
been disproportionately impacted, how to assess if a person is a member of a
community disproportionately impacted, and proposed incentives to promote
social and economic equity for applicants, licensees, and cannabis industry
employees.
[16.8.1.8 NMAC - N, 08/24/2021]
16.8.1.9 FEDERAL
LAW: The
activities described in these rules may be considered a violation of federal
law. Persons cultivating, manufacturing, collecting samples of, testing,
selling, purchasing or otherwise receiving cannabis or cannabis products may be
subject to federal sanctions for what may otherwise be considered authorized
conduct in the State of New Mexico, and compliance with the rule does not
exempt licensees, their employees or customers from possible federal
prosecution. The division is not responsible or liable for the actions of
licensed cannabis establishments under the rule.
[16.8.1.9 NMAC - N, 08/24/2021]
16.8.1.10 SEVERABILITY: If any part or application of this rule is held to be invalid, the remainder or its application to other situations or persons
shall not be affected. Any section of this rule legally
severed shall
not
interfere with the remaining protections and duties provided by this rule.
[16.8.12.10
NMAC - N, 08/24/2021]
History of 16.8.1
NMAC: [RESERVED]