New Mexico Register / Volume XXXII,
Issue 10 /May 25, 2021
NOTICE OF PROPOSED
RULEMAKING
The
New Mexico Department of Health and the New Mexico Regulation and Licensing
Department (Department) will hold a rule hearing on Tuesday, June 29, 2021,
starting at 9:00 a.m. The rule hearing will be held via an Internet-based video
conference and via telephone, due to the ongoing public health concerns posed
by the threat of the contagious disease COVID-19. Please use the following link
to access the video conference call:
https://ccd.rld.state.nm.us/.
Purpose of Rule
Hearing. The
purpose of the rule hearing is to consider the proposed new rules set forth by
the Cannabis Regulation Act regarding the processing, approval, and denial of
license applications for cannabis producers, cannabis producer microbusinesses
and any person properly licensed and in good standing as a licensed cannabis
producer pursuant to the Lynn and Erin Compassionate Use Act. Good standing
requires that the licensee be in good standing as of June 29, 2021. The rule
hearing will also consider the regulation of licensees specified under the
Cannabis Regulation Act. Licensing consideration will include proposed fees for
corresponding license types.
The
hearing will also consider the plant count, canopy or square footage limit for each
license type (excluding licenses for integrated cannabis microbusinesses or
cannabis producer microbusinesses), as well as per-plant fees applied to
licensees growing in excess of 200 plants.
Any
technical information used to inform the proposed rules will be made available
no later than May 26, 2021, and can be accessed by visiting: https://ccd.rld.state.nm.us/.
Statutory
Authority. Legal authority
for this rulemaking may be found in NMSA 1978, Section 9-16-6 (2020), and the
Cannabis Regulation Act, enacted in House Bill 2, 1st Special Legislative
Session, 2021. Additional authority may be found at NMSA 1978, Section 9-7-6(E)
(2017), and NMSA 1978, Section 26-2B-7(A), (I), and (J) (2019).
Public Comment. The Department
will begin accepting public comments on the proposed new rules beginning May 26,
2021. Please submit written comments on
the proposed rules to Robert Sachs, Deputy Director of Policy for the Cannabis Control
Division, via electronic mail at ccd.publiccomment@state.nm.us. Written comment may also be submitted by
mailing the comment to the following address:
Cannabis
Control Division
Public
Comment
c/o
Robert Sachs
P.O.
Box 25101
Santa
Fe, NM 87504
All
public comments must be received by the close of the public rule hearing on Tuesday,
June 29, 2021. Persons will also be given the opportunity to present their
comments at the rule hearing. Comments received
prior to the rule hearing will be posted to the RLD website at: ccd.rld.state.nm.us.
No
later than May 26, 2021, interested parties may obtain and review copies of the
proposed rules and public comments by going to the Cannabis Control Division
website at https://ccd.rld.state.nm.us/ or by contacting the Cannabis Control
Division at rld.cannabiscontrol@state.nm.us or (505) 476-4995.
Any
individual with a disability who is in need of a reader, amplifier, qualified
sign language interpreter, or other form of auxiliary aid or service to attend
or participate in the hearing should contact Nicole Bazzano, Executive
Assistant for the Office of the Superintendent, rld.cannabiscontrol@state.nm.us
or (505) 469-0982 at least seven days prior to the hearing.
Summary of
Proposed New Rules.
16.8.1 NMAC: GENERAL PROVISIONS
Part
1 will provide for general requirements for licensees established under the
Cannabis Regulation Act and required definitions.
16.8.2 NMAC: LICENSING AND OPERATIONAL REQUIREMENTS FOR
CANNABIS ESTABLISHMENTS
Part
2 will provide the requirements necessary for issuance of a license under the
Cannabis Regulation Act. Part 2 will govern the licensing and operational
requirements for additional types of licensees, however the proposed rules to
be discussed at the hearing will only govern cannabis producers.
16.8.6 NMAC: HEALTH AND SAFETY, FOOD AND PRODUCT
SAFETY, ENVIRONMENTAL
IMPACTS, AND
NATURAL RESOURCES
Part
6 will provide the requirements for licensee compliance with necessary
standards in health and safety, food and product safety, environmental impacts,
and natural resources.
16.8.7 NMAC: QUALITY CONTROL, INSPECTION, AND TESTING OF
CANNABIS PRODUCTS
Part
7 will address the testing requirements of cannabis for particular licensees.
16.8.8 NMAC: CANNABIS PLANT LIMITS AND PROCESS TO ADDRESS
SHORTAGE OF CANNABIS
SUPPLY IN THE
MEDICAL CANNABIS PROGRAM
Part
8 will provide the requirements for limiting plant count, canopy or square
footage for licensees.
16.8.11 NMAC: FEES
Part
11 will provide the licensing fees associated with corresponding license types,
as well as plant-based fees for operations growing in excess of 200 plants.
16.8.12 NMAC: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE;
SANCTION, PLAN OF CORRECTION, AND CIVIL MONETARY PENALTY
Part
12 will address the disciplinary procedures for denial, suspension, or
revocation of a license. This part will
also address the sanctions, corrective action plans, and civil penalties that
may be assessed by the Regulation and Licensing Department, Cannabis Control
Division pursuant to the Cannabis Control Act.