New Mexico Register / Volume XXXII, Issue 24 / December 28,
2021
This is an emergency amendment to
16.8.2 NMAC amending Sections 8, 9, 21, 22, 23, and 26, effective 12/06/2021.
16.8.2.8 GENERAL
OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS: A. State and local laws: Pursuant to the Cannabis Regulation Act, applicants and licensees shall comply with all applicable state and local laws
that do not conflict with the Cannabis Regulation Act or the Lynn and Erin
Compassionate Use Act, including laws
governing food and product safety, occupational health and safety,
environmental impacts, natural resource protection, construction and building codes, operation
of a cannabis establishment,
employment, zoning, building
and fire codes, water use and quality, water supply, hazardous
materials, pesticide use, wastewater discharge, and business or professional licensing.
B. Licensure on federally recognized Indian
Nation, Tribe or Pueblo: The division shall not approve an application for licensure
to operate within the exterior boundaries of a federally recognized Indian
Nation, Tribe or Pueblo located wholly or partially in the state, unless the
tribal government and the department have entered an intergovernmental
agreement to coordinate the cross-jurisdictional administration of the laws of
New Mexico and the laws of a tribal government relating to the Cannabis
Regulation Act or the Lynn and Erin Compassionate Use Act.
C. Age requirements: All applicants for licensure, including controlling
persons of applicants, must be at least 21 years of age. All employees of a
commercial cannabis establishment must be at least 21 years of age.
D. Consumption prohibited: Licensees shall prohibit the consumption of
cannabis or cannabis products on or within the licensed premises unless a
cannabis consumption area has been approved by the division.
E. Illegal sale or distribution: Licensees shall not knowingly
and intentionally sell, deliver, or transport
cannabis or cannabis products to any person
that is not authorized to possess and receive
the cannabis or cannabis products pursuant to state law or division rules.
F. Sales
of alcoholic beverages prohibited: Licensees are allowed to conduct other licensed
activities, including activities pursuant to the Hemp Manufacturing Act,
Section 76-24-3 et seq., NMSA 1978,
except for sales of alcoholic beverages.
G. No guarantee of licensure: An
applicant may not exercise any of the privileges of licensure until the
division approves the license application and
issues a license. The submission of an application is in no
way a guarantee that the application
will be accepted
as complete. A license shall be granted or denied within 90 days upon
acceptance of a completed application.
Information provided by the applicant and used by the division for the licensing
process shall be accurate and truthful. The division may initiate action to deny
licensure, or other administrative action against an applicant or licensee,
pursuant to the Uniform Licensing Act.
[I.]
H. Computation of time: The word “days” as used in this rule means
calendar days unless otherwise noted.
[J.]
I. Display of license:
A division license shall be displayed in a
conspicuous place on the licensed premises and must be made available upon request by state and local agencies. If the licensed
premises is open to the public, the license shall be displayed in an area that
is within plain sight of the public.
[K.] J. Inventory and sales equipment: The
division shall require
licensees to
utilize division approved track and trace equipment, software, and services.
[L.] K. Limitation of licensed premises:
Licensees shall conduct cannabis establishment operations solely on licensed premises approved
by the division.
[M.] L. Multiple licensee premises: Multiple licensees may occupy a single licensed premises, provided
each is individually licensed by the division.
[N.] M. Reporting of theft
or security incident to division: Licensees shall submit to the division written notification of any attempted theft, theft, assault of employees
or patrons, robbery or attempted
robbery, break-in, or security
breach that occurs on the licensee’s premises, no later than
24 hours after the licensee first becomes
aware of the event. The description shall include a description of any property that was stolen or destroyed, and the quantity
of any cannabis
plants, cannabis and cannabis products that were stolen.
The licensee must provide a copy of the police report, video footage and any
other supporting evidence requested by the division. The premises must be
secured prior to continuing operations, including the replacement of locks,
doors, windows, repair of damaged structures or access points with comparable
or more secure replacement material.
[O.] N. Non-transferable or assignable
license: A license shall not be transferred by assignment or otherwise
to other persons or locations. Unless the licensee
applies for and receives an amended license, the license
shall be void and returned to the division
when any one of the following situations occurs:
(1) location of the
licensed premises changes;
(2) the discontinuance of operation at a licensed premises; or
(3) suspension or
revocation of the license by the division.
[P.] O. Online application: All applications for initial licensure,
amended licensure, additional premises, and renewal must be completed using the
online application portal available on the division website. Applicants shall
first register for a user account.
[Q.] P. Complete application and fees required: Applicants must submit a
completed application to the division before it will be accepted by the
division as complete and considered for approval or denial. License and
additional premises application or renewal fees must be paid at the time of
application submission. Annual plant fees must be paid upon the division’s
approval of the initial application or renewal application and approval of the
number of cannabis plants that a licensee may produce.
[R.] Q. Process for incomplete application: In the event that an application for licensure is determined by the division to be incomplete, the division
shall notify the applicant by email and specify the
information or materials that remain to be submitted. [If the applicant does not submit
the required information or materials within 90 days of
receiving notice of the deficiency, the application shall be closed as incomplete
and the applicant
will be required
to submit a new application in order to resume
the application process.]
All licensing or renewal fees are non-refundable and must be paid for each new
application.
[S.] R. Provisional license with contingencies: Upon written request of the applicant, the division may issue a
provisional license letter with defined contingencies that the applicant must
obtain documents that may be pending approval of a cannabis establishment license
or must be obtained from other state agencies or local jurisdictions for the
application to be considered complete. The provisional license letter shall
list the remaining items necessary for the application to be complete and shall
expire six-months from the date the provisional license letter was issued to
the applicant. Upon written request of the applicant, the division may extend a
provisional license letter for an additional six-months. Final approval or
denial of a license shall be stated on the provisional license letter as
contingent on the applicant submitting all remaining items. Such a provisional
license letter shall not authorize an applicant to begin licensed cannabis
activity.
[T.] S. Request for clarifying information: Upon request of the division,
an applicant shall provide additional information required to process and fully
review the application. If the requested information is not received by the
division within 90 days from the date the application was deemed to be
complete, the division shall initiate action to deny licensure pursuant to the
Uniform Licensing Act.
[U.] T. Physical and email address: Applicants and licensees must provide a
physical mailing address and an email address. General correspondence from the
division will be sent to the applicant or licensee’s email address of record.
Legal notice and determinations regarding an application, renewal or an
administrative action, including an action taken by the division to deny,
suspend, or revoke a license or impose a sanction and civil monetary penalty,
shall be sent to the last mailing address and to the last email address
furnished to the division. Licensees must inform the division in writing of any
change to its physical mailing address or email address within 10 days of the
change. If applicable, such changes may be submitted via the online licensing
portal. An applicant or licensee’s failure to notify the division of a change
in physical or email address does not relieve the applicant or licensee from
the obligation of responding to a division communication.
[V.] U. Electronic signature: The division will accept an electronic signature that complies with
the Uniform Electronic Transactions Act, Section 14-16-1 et seq., NMSA 1978, or the Revised Uniform Law on Notarial Acts, or
rules promulgated pursuant thereto, on any documents required to be submitted
to the division and that are submitted electronically.
[W.] V. Withdrawal of
Application: An applicant may withdraw an application at any time prior to
the division’s issuance of a license or denial of a license. Requests to
withdraw an application must be submitted to the division in writing, dated,
and signed by the applicant. Withdrawal of an application shall not, unless the
division has consented in writing to such withdrawal, deprive the division of
its authority to institute or continue a proceeding against the applicant for
the denial of the license upon any ground provided by law or to enter an order
denying the license upon any such ground. The division shall not refund
application fees for a withdrawn application. An applicant may reapply at any
time following the withdrawal of an application and shall be required to submit
a new application and fee.
[X.] W. Closure of a
licensed cannabis establishment: A licensee that anticipates permanently
ceasing its business operations shall notify the division no later than 30 days
prior to closure. The licensee shall post public notice of the anticipated
closure at all licensed premises that are accessible to the public at least 14
days prior to the closure. Any cannabis or cannabis products that are held by a
licensee on behalf of the licensee ceasing its business operations shall be
returned to the licensee ceasing business operations. Any cannabis or cannabis
products that are held by the licensee ceasing its business operations on
behalf of another licensee shall be returned to the originating licensee.
Cannabis or cannabis products that are otherwise held by a licensee shall,
prior to the licensee’s closure, be surrendered to either state or local law
enforcement, destroyed by the licensee in accordance with the wastage standards
of this rule, or donated to patients via a licensed cannabis establishment,
provided that the donation has been approved in writing by the division and
that the licensee has submitted documentation of the donation to the division.
State and local law enforcement are authorized to remove and destroy any
cannabis or cannabis products that are held by a person who has ceased to be
licensed by the division.
[Y.] X. Persons licensed pursuant to the medical
cannabis program: In order
to be entitled to continue operating as a cannabis establishment, a person
properly licensed and in good standing pursuant to the Lynn and Erin
Compassionate Use Act on June 29, 2021, must submit a completed renewal
application for a cannabis establishment license, along with required fees,
within 30 days of the [effective date of this rule] division
notifying the licensee that a renewal application is available. In the
event the person does not apply for such a license renewal within the required
timeframe, the person shall cease all production operations immediately. Upon
approval, the licensee shall operate pursuant to the Cannabis Regulation Act
and rules adopted by the division pursuant thereto, provided that the licensee
shall continue to operate pursuant to rules promulgated by the department of
health for activities authorized by virtue of the licensee’s medical program
license to the extent they do not conflict with rules adopted by the division
pursuant to the Cannabis Regulation Act.
[Z.] Y. Application for variance:
(1) Any applicant or licensee may seek a
variance from division rule(s) and shall do so by filing a written petition
with the division. The petitioner may submit with the petition any relevant
documents or material, which the petitioner believes would support the
petition.
(2) Petitions shall:
(a) state the petitioner's name and
address;
(b) state the date of the petition;
(c) describe the facility or activity for
which the variance is sought;
(d) state the address or description of
the premises upon which the cannabis establishment or activity is located;
(e) identify the rule(s) from which the
variance is sought;
(f) state in detail the extent to which
the petitioner wishes to vary from the rule(s) and how the petitioner will
ensure public health and safety is not negatively impacted;
(g) state why the petitioner believes
that compliance with the regulation will impose an unreasonable regulatory
burden upon the cannabis establishment or activity; and
(h) state the period of time for which
the variance is desired, including all reasons, data, reports and any other
information demonstrating that such time period is justified and reasonable.
(3) At the discretion of the division,
the adjudicatory procedures of the Uniform Licensing Act may be used for
guidance and shall not be construed to limit, extend, or otherwise modify the
authority and jurisdiction of the division. The division shall deny any
request for a waiver related to a legal right to water pursuant to Paragraphs
(3) and (4) of Subsection B of Section 26-2C-7 NMSA 1978.
(4) Prior to a final decision, the division will
hold a public hearing pursuant
to the Open Meetings Act, Section 10-15-1 et seq., NMSA 1978. The purpose of the hearing is to provide
interested persons a reasonable opportunity to submit data, views or arguments
orally or in writing on the proposed variance. The division, at its sole
discretion, may determine whether to hold more than one hearing. The division may act as
the hearing officer or designate an individual hearing officer to preside over
the hearing. The hearing officer may ask questions and provide comments for
clarification purposes. The hearing officer shall identify and mark all
written comments submitted during the hearing. The public comments should be
labeled as exhibits for reference, but do not require formal admission into the
hearing record. Individuals wishing to provide public comment or submit
information at the hearing must state their name and any relevant affiliation
for the record and be recognized before presenting. Public comment shall not be
taken under oath. Any individual who provides public comment at the hearing may
be questioned by the hearing officer. The hearing shall be conducted in a fair and
equitable manner. The hearing officer may determine the format in which the
hearing is conducted, but the hearing should be conducted in a simple and
organized manner that facilitates public comment.
The rules of evidence
shall not apply and the hearing officer may, in the interest of efficiency,
exclude or limit comment or questions deemed irrelevant, redundant, or unduly
repetitious.
(5) The division may grant the requested
variance, in whole or in part, subject to conditions, if the variance is not
contrary to the Cannabis Regulation Act, or public interest, does not have a
negative environmental impact, and is not detrimental to public health and
safety, or the division may deny the variance. If the variance is granted in
whole or in part, or subject to conditions, the division shall specify the
length of time that the variance shall be in place. A permanent variance may be
granted. If a permanent variance is not granted, a petitioner may reapply for a
variance once the time period expires.
(6) The division shall set forth in the
final order the reasons for its actions and shall not be subject to review.
[AA.] Z. Application for additional licensed premises:
Licensees must apply for the specific cannabis establishment license type
intended for each additional licensed premises as defined in the Cannabis
Regulation Act.
[BB.] AA. Vertically integrated cannabis establishment and integrated cannabis
establishment microbusiness:
(1) Applicants for a vertically integrated cannabis establishment or
integrated cannabis establishment microbusiness must meet all qualifications
for each type of cannabis establishment that is authorized pursuant to the
Cannabis Regulation Act.
(2) An initial
applicant for an integrated cannabis microbusiness or a vertically integrated
cannabis establishment license, must submit an application for authorization to
conduct one or more of the following:
(a) production
of cannabis;
(b) manufacturing
of cannabis products;
(c) retail
establishment; or
(d) courier of
cannabis products.
(3) Applicants
or licensees shall request authority to add or remove a cannabis establishment
activity by submitting an amended application, and any required additional
fees.
(4) If a
vertically integrated cannabis establishment applicant or licensee will not
conduct all cannabis establishment activity on a single premises, each
additional premises shall require an additional premises fee.
(5) An
applicant or licensee shall not conduct any activity for which additional
authority is required until it has received written approval from the division.
[16.8.2.8 NMAC - N 08/22/2021; A/E
12/06/2021]
16.8.2.9 CRIMINAL
HISTORY SCREENING REQUIREMENTS:
A. Initial
licensure: Applicants for initial licensure shall [consent to and
undergo a national criminal history background check and department of public
safety (DPS) statewide criminal history screening background check no more than
ninety days prior to submitting an application] submit to a criminal
history screening. For purposes of this rule, [background checks] a
criminal history screening shall be required for:
(1) each
partner of a limited partnership;
(2) each
member of a limited liability company;
(3) each
director, officer, or trustee of a corporation or trust; and
(4) any
controlling person of the applicant.
B. Authorized change: If there is a
change in membership of any of the above listed person(s), an amended
application and [background check documentation] a criminal history
screening shall be submitted, and each new member must be approved by the
division prior to a person assuming any duties or responsibilities for a
licensee.
C. [Procedure] Criminal
history screening procedure for applicants and the division:
(1) an
applicant shall submit a background screening request, including an authorization
for release of information, to the [federal bureau of investigation, the]
New Mexico department of public safety [, or a designee vendor] for a
current New Mexico state criminal history report; [through the
national crime information center (NCIC)
(2)
the division shall provide applicants the division’s originating agency
identification (ORI) number;
(3) an
applicant shall provide to the department of public safety, or its designated
vendor, a criminal background screening request, fingerprints, and supporting
documentation, including an authorization for release of information to the
division in accordance with the procedures of the department of public safety
or its designated vendor;
(4)] (2) the New
Mexico department of public safety [or its designated vendor] will
review state records; [and shall transmit the fingerprints to the federal
bureau of investigation for a national screening and]
(5)] (3) the results of the screening will be made
available to the division for review;
(4)
the applicant shall submit a signed and sworn affidavit, witnessed and
notarized by a notary public with a valid commission, affirming that the
applicant has or has not been convicted of the following offenses:
(a) a
felony conviction involving fraud, deceit, or embezzlement;
(b) a
felony conviction for hiring, employing, or otherwise using a person younger
than 18 years of age to:
(i) prepare
for sale, transport or carry a controlled substance; or
(ii) sell,
give away or offer to sell a controlled substance to any person; or
(c) a
felony conviction for the possession, use, manufacture, distribution, or
dispensing or possession with the intent to manufacture, distribute or dispense
a controlled substance, which no longer includes cannabis.
D. Fees: All
applicable fees associated with the [national criminal history background
check and] New Mexico department of public safety [statewide] state
criminal history background checks shall be paid by the applicant or licensee.
[E. Substantially related convictions: The division shall review felony convictions pursuant to
the Cannabis Regulation Act and the Criminal Offender Employment Act. The following are considered substantially
related to the qualifications, functions, or duties of an applicant or person:
(1) a felony conviction involving fraud, deceit, or
embezzlement;
(2) a felony conviction for hiring, employing, or otherwise
using a person younger than eighteen years of age to:
(a) prepare for sale, transport or carry a controlled substance;
or
(b) sell, give away or offer to sell a controlled substance to
any person; and
(3) a
felony offense for the possession, use, manufacture, distribution or dispensing
or possession with the intent to manufacture, distribute or dispense a
controlled substance. For purposes of this rule, a controlled substance shall
not include cannabis.
F.] E. Duty to report potentially disqualifying
event: Applicants and licensees must notify the division in writing within
seven days of any change of fact that would potentially result in the applicant
or licensee, including any of the persons listed in Subsection A of this
section, being disqualified from holding a license pursuant to the Cannabis
Regulation Act or division rules, including a conviction for any [crime]
offense specified in this section. Failure to make required notification
to the division may be grounds for administrative disciplinary action. If the
division has determined that the person's conviction does not disqualify the
licensee from licensure, the division shall notify the licensee in writing. The
division may also initiate administrative disciplinary action pursuant to the
Uniform Licensing Act.
[16.8.2.9 NMAC - N 08/22/2021; A/E 12/06/2021]
16.8.2.21 CANNABIS
PRODUCER LICENSURE; GENERAL
PROVISIONS:
A. License types: The division may license two classes
of producers:
(1) A cannabis producer; and
(2) A
cannabis producer microbusiness.
B. Division
application forms: All applications for licensure authorized pursuant to
the Cannabis Regulation Act shall be made upon current forms prescribed by the
division using the online application portal.
C. License required: Unless licensed
pursuant to the Cannabis Regulation Act or division rules, a person shall not
cultivate cannabis, including planting, growing, and harvesting cannabis,
except for personal use as provided by the Cannabis Regulation Act and the Lynn
and Erin Compassionate Use Act.
D. Other activities prohibited: Except as
provided in Subsection BB of 16.8.2.8 NMAC, no cannabis producer establishment licensee
may manufacture cannabis products, courier cannabis or cannabis products, or
engage in the retail sale of cannabis or cannabis products unless the licensee
has properly applied for, and the division has approved, the applicable license
type required for those activities.
[E. Vertically integrated cannabis
establishment and integrated cannabis establishment microbusiness: Applicants for a
vertically integrated cannabis establishment or integrated cannabis
establishment microbusiness must meet all qualifications for a cannabis
producer or cannabis producer microbusiness to be approved for, and authorized
to conduct, cannabis producer activities.]
[16.8.2.21 NMAC - N 08/22/2021; A/E 12/06/2021]
16.8.2.22 APPLICATION REQUIREMENTS FOR
CANNABIS PRODUCER LICENSE:
A. An initial application or renewal
for cannabis producer licensure shall include the following:
(1) Contact information for the applicant and the cannabis establishment,
to include:
(a) applicant’s full legal name;
(b) applicant’s date of birth, if applicable;
(c) applicant’s mailing address;
(d) applicant’s
contact telephone number;
(e) applicant’s contact email address;
(f) applicant’s business physical address and mailing address, if
different;
(g) applicant’s business legal name, including a DBA name if applicable;
(h) applicant’s business web address, if applicable;
(i) applicant’s business hours of operation;
(j) name and contact information for each controlling person; and
(k) demographic
data pursuant to the Cannabis Regulation Act;
(2) proof the applicant or each controlling person is at least 21 years of
age, which shall include identification issued by a federal or state government
that includes the name, date of birth, and picture of the applicant or
controlling person;
(3) legible and
accurate diagram and description of the
location of the land or facility to be used for the cannabis establishment
and the method(s) to be used to produce cannabis in a portable document format
(.pdf), and if requested by the division, digital photographic photos;
[(4) fully
executed and dated documentation of the applicant’s ownership or legal authority to use the property, buildings, or other facilities,
establishing the applicant is, or will be, entitled to possession of the
premises for which the application is made;
(5)] (4) demonstration of a
legal right to use the quantity of water that the division determines is needed
for cannabis production, as evidenced by either:
(a) documentation from a water provider
that the applicant has the right to use water from the provider and that the
use of water from cannabis production is compliant with provider's rules, or
(b) documentation from the office of the
state engineer showing that the applicant has a valid and existing water right,
or a permit to develop a water right, for irrigation purposes for outdoor
cultivation, or a commercial purpose for indoor cultivation at the proposed
place of use of the cannabis establishment. The documentation may include any
of the following:
(i)
a state engineer permit or license in good standing, but not including a permit
issued pursuant to Sections 72-12-1, -1.1, -1.2, or -1.3, NMSA 1978;
(ii) a
subfile order or decree issued by a water rights adjudication court;
(iii) the
findings of an office of the state engineer hydrographic survey; or
(iv) other
documentation the office of the state engineer has deemed in writing as
acceptable to the office of the state engineer under this rule.
[(6)] (5) a plan to use, or certification that
the applicant cannot feasibly use, energy and water reduction opportunities, including:
(a) drip
irrigation and water collection;
(b) natural
lighting and energy efficiency measures;
(c) renewable
energy generation; and
(d) estimated
water and energy use related to the applicants cultivation plan;
[(7) a copy of a
current business license, fire inspection report, and zoning approval;
(8)] (6) if applicable, certification the applicant is in good standing
with the New Mexico secretary of state,
including all documents filed with the New Mexico secretary of state;
[(9)] (7) a list of all controlling persons, a list of other
current or prior licensed cannabis businesses, documentation of the applicant’s
or a controlling person legal name change, and criminal history screening
documents as set forth in 16.8.2.9 NMAC and the Cannabis Regulation Act;
[(10)] (8) a detailed
description of any criminal convictions of the applicant and any controlling
person, including the date of each conviction, dates of incarceration,
probation or parole, if applicable, description of the offense, and statement
of rehabilitation of each conviction;
[(11) if applicable, a description and legible
electronic image of the labeling and packaging of the cannabis or cannabis products that the producer shall utilize, which satisfies
the labeling requirements of the Cannabis
Regulation Act, the Lynn and Erin Compassionate Use Act, division rules, and
other state or federal rules applicable to labeling and packaging;
(12) if applicable, a sample of the record form(s),
which shall identify (among
other items) the name
of the wholesale purchaser, the date of the
sale, the quantity, and price of medical
or commercial cannabis sold;
(13)] (9) the initial number of mature cannabis plants,
and immature cannabis plants, the applicant proposes for production and the
amount of water the applicant plans to use on a monthly basis for a twelve
month period;
[(14) a summary of the proposed
operations, including a list of cannabis or cannabis products produced at the
location;
(15)] (10) certification the applicant will
adhere to production requirements
pursuant to the Cannabis Regulation Act, the Lynn and Erin Compassionate Use
Act, or division rules, including creating and maintaining a
cultivation plan, and cannabis waste procedures for cannabis or cannabis products;
[(16)] (11) certification the
applicant will adhere to cannabis transport requirements pursuant to the Cannabis
Regulation Act, the Lynn and Erin Compassionate Use Act, or division rules,
including the transport of unprocessed cannabis
or cannabis products to other cannabis establishments;
[(17)] (12) certification the
applicant will adhere to New Mexico department of agriculture (NMDA) pesticide
registration, licensing, and use requirements to ensure a safe product and environment;
[(18)] (13) certification the
applicant will adhere to security requirements pursuant to the Cannabis
Regulation Act, the Lynn and Erin Compassionate Use Act, or division rules, including requirements relating to safety and security
procedures, security devices to be used, placement of security devices, personal
safety, and crime prevention techniques;
[(19)] (14) certification the
applicant will adhere to quality assurance requirements pursuant to the
Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, or division
rules, including requirements relating to routine
testing by a
licensed testing laboratory,
division inspection of licensed premises during normal business hours, and
testing of cannabis;
[(20)] (15) certification the
applicant will adhere
to applicable federal, state and local laws governing the protection of public
health and the environment, including occupational health and safety, food
safety, environmental impacts, natural resource protections, air quality, solid
and hazardous waste management, and wastewater discharge;
[(21)] (16) certification the applicant has
never been denied a license or had a license suspended or revoked by the
division or any other state cannabis licensing authority or a detailed
description of any administrative orders, civil judgements, denial or
suspension of a cannabis license, revocation of a cannabis license, or sanctions
for unlicensed medical or commercial cannabis activity by any state licensing
authority, against the applicant, controlling person, or a business entity in
which the applicant or controlling person was a controlling person within the
three years immediately preceding the date of the application;
[(22)] (17) applicant’s social and economic equity
plan to encourage economic and social diversity in employment, including race,
ethnicity, gender, age, and residential status of licensee, controlling persons
and employees of applicant and whether the applicant, controlling persons,
employees or the locations where the cannabis products are produced are located
in an underserved rural community, including tribal, acequia, land
grant-merced, federally designated opportunity zone, or other rural historic
communities;
(18) certification the applicant has
obtained a current local jurisdiction business license, or will prior to
operation of the cannabis establishment, and the applicant shall adhere to
local zoning ordinance;
[(23)](19) an attestation of the following
statement: Under penalty of perjury, I hereby declare that the information
contained within and submitted with the application is complete, true and
accurate. I understand that a misrepresentation of fact or violation of these
rules may result in denial of the license application or revocation of a
license issued; and
[(24)] (20) payment of any required application
or licensure fees as set forth in 16.8.11 NMAC. Cannabis plant fees, if
applicable, shall be accessed by the division upon approval of an initial
application, additional premises application or renewal application. The
division must receive payment of cannabis plant fee prior to cultivation of
cannabis plants or, if applicable, at the time of renewal.
B. Verification of
information: The division may verify information contained in each application and accompanying documentation, including:
(1) contacting the applicant or controlling person by telephone, mail, or electronic mail;
(2) conducting an on-site visit;
(3) requiring a face-to-face
or virtual meeting
and the production of additional documentation; or
(4) consulting with state
or local governments.
[16.8.2.22 NMAC - N 08/22/2021; A/E 12/06/2021]
16.8.2.23 SUBMITTAL OF APPLICATION FOR AMENDED
CANNABIS PRODUCER LICENSE:
A. Application: A licensed
producer shall submit
to the division an application form for an amended license, pay the required fee, and must obtain
approval from the division,
prior to implementing any of the following:
(1) material
or substantial change of the size [or location] of the premises;
(2) change
of licensee’s legal or business name;
(3) change in water source, or licensees water and energy conservation
plan, including, the reuse of water and disposal of effluent;
(4) increase
in plant count
beyond which licensee is currently licensed to produce;
(5) addition or elimination of a controlling person;
(6) material
or substantial change to a license’s security system; or
(7) material or substantial
modification of the premises[; or
(8) engaging in an activity which requires an addition or change
of a license type].
B. Amended license not
required: Changes to
standard operating policies and procedures may be made without providing
notification to the division, provided that licensees shall maintain at each
licensed premises a copy of all current and prior operating policies and procedures.
C. Requirements and processing of application for amended
license: The application for amended license must comply with all
requirements applicable to initial applications, except that the application
shall be clearly designated as one for an amended license. [The division
shall prorate required fees to align with the expiration date of the licensee’s
original license, which shall be the expiration date of the licensee’s amended
license, if approved.] The division shall approve or deny an application
for amended license within 90 days of receiving a completed application. Denial
of an application for amendment shall be pursuant to the Uniform Licensing Act.
D. Material or
substantial change: Material or substantial changes requiring approval
include:
(1) increase or decrease in the size of the premises,
including the sale of property used for the cannabis establishment, or the
purchase of additional property for the use of the cannabis establishment [,
or a change in the location of the cannabis establishment];
(2) a change in the licensee’s access to the water source submitted with an application for
initial, amended, or renewal licensure or a ten percent, or more, increase in
the licensee’s water usage;
(3) change to a license’s
security system, including relocation or security points or installation
of a new security system; or
(4) modification
of the premises to relocate cannabis activities.
[16.8.2.23 NMAC - N 08/22/2021; A/E 12/06/2021]
16.8.2.26 CANNABIS
PRODUCER POLICIES AND PROCEDURES:
A. Minimum
policy and procedure requirements: A producer shall develop, implement, and
maintain on the licensed premises, standard policies and procedures, which
shall include the following:
(1) cannabis testing criteria and
procedures, which shall be consistent with the testing requirements of the
Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, or division
rules, and shall include at a minimum, the following topics:
(a) employee
health and safety training materials;
(b) training requirements for the proper
use of health and safety measures and controls;
(c) representative sampling and
analytical testing of cannabis or cannabis products for contaminants prior to
wholesale or transfer to another cannabis establishment;
(d) recordkeeping and chain of custody
protocols for transportation of cannabis or cannabis product samples to a
cannabis testing laboratory;
(e) recordkeeping and chain of custody
protocols for transportation of cannabis or cannabis products to another
cannabis establishment for any purpose;
(f) protocols to ensure that cannabis or
cannabis products, including any samples of cannabis or cannabis products, are
transported and stored in a manner that prevents degradation, contamination,
tampering, or diversion;
(g) protocols for testing sample
collection that ensures accurate test results; and
(h) procedures for remedial measures to
bring cannabis or cannabis products into compliance with division standards or
destruction of a tested batch of cannabis or cannabis products if the testing
samples from the tested batch indicate noncompliance with applicable health and
safety standards;
(2) employee policies and procedures to
address the following minimum requirements:
(a) adherence to state and federal laws;
(b) responding to an emergency, including
robbery or a serious accident;
(c) alcohol and drug-free workplace
policies and procedures;
(d) safety and security procedures;
(e) occupational safety;
(f) crime prevention techniques; and
(g) if applicable, confidentiality
laws, including the Health Insurance Portability and Accountability Act of
1996; and
(3) [training] documentation
prepared for each employee and statements signed by employees indicating [the
topics discussed, names and titles of presenters, and the date, time, and place
the employee received said [training] receipt of policies and
procedures.
[B. Retention of training documentation: Licensees shall
maintain documentation of an employee’s training for a period of five years for
current employees and at least six months after the termination of an
employee’s employment.]
B. Training program:
(1) Licensee shall
implement a training program, approved by the division, to ensure that all
personnel present at the premises are provided information and training that,
at minimum, covers the following topics within 30 days of the start of
employment:
(a) employee health and safety training
materials;
(b) health and safety hazards;
(c) hazard communication training for all
solvents or chemicals used at the licensed premises and as described in the
safety data sheet for each solvent or chemical;
(d) training requirements for the proper use
of health and safety measures and controls;
(e) emergency procedures;
(f) security procedures; and
(g) record keeping requirements.
(2) A licensee, or employee, involved in
the handling, transportation, manufacture, extraction, testing, or packaging of
cannabis products must successfully complete a food handler course accredited
by the American National Standards Institute (ANSI) prior to conducting any
related activities. Such training shall be maintained while employed under a
manufacturing licensee. The licensee shall obtain documentation evidencing the
fulfillment of this requirement.
C. Training documentation:
(1) Licensee shall ensure that all
personnel receive annual refresher training to cover, at minimum, the topics
listed in this section. The licensee shall maintain a record, which contains at
minimum:
(a) a list of all personnel at the
premises, including at minimum, name and job duties of each;
(b) documentation of training topics and
dates of training completion for all personnel;
(c) dates of refresher
training completion for all personnel;
(d) the signature of verifying receipt
and understanding of each training or refresher training completed.
(2) Licensee may designate supervisory
personnel with responsibility to oversee the requirements of this section.
D. Retention of training documentation: Licensees shall
maintain documentation of an employee’s training for a period of two years for
current employees and at least six months after the termination of an
employee’s employment.
[16.8.2.26
NMAC - N 08/22/2021; A/E 12/06/2021]