New Mexico Register / Volume XXXII, Issue 20 / October 26, 2021

NOTICE OF PROPOSED RULEMAKING

Public Hearing. The New Mexico Regulation and Licensing Department (RLD), Cannabis Control Division (CCD), will hold a public rule hearing on Wednesday, December 1, 2021, starting at 9:00 a.m. Due to the ongoing public health concerns posed by the threat of the contagious disease COVID-19, the rule hearing will be virtual via an Internet-based video conference and via telephone. A PDF of the proposed rule and meeting details may be accessed through the Cannabis Control Division website: https://ccd.rld.state.nm.us or from Julia Valdez at the contact below.

Purpose of Rule Hearing. The purpose of the public rule hearing is to receive public commentary to make rule amendments to 16.8.1 NMAC and 16.8.2 NMAC. Proposed amendment to 16.8.1 NMAC will include the formation of labor peace agreements between employers licensed by the Cannabis Control Division and their employees. Proposed amendments to 16.8.2 NMAC will include a list of acceptable solvents for licensees engaged in manufacturing activities.

Any technical information used to inform the proposed rules will be accessible by visiting: https://ccd.rld.state.nm.us/.

Statutory Authority. Legal authority for this rulemaking may be found the Cannabis Regulation Act, NMSA 1978 Section 26-2C-1 through Section 26-2C-42 NMSA (2021). Additional authority may be found at NMSA 1978 Section 9-7-6(E) (2017) and at NMSA 9-16-6 (2021).

Public Comment. The Division will begin accepting public comment on the proposed rules beginning October 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 visiting the Division website at ccd.rld.state.nm.us or 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 Wednesday, December 1, 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 October 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 Julia Valdez, Executive Assistant for the Cannabis Control Division, rld.cannabiscontrol@state.nm.us or (505) 362-2924 at least seven (7) days prior to the hearing.

Summary of Proposed New Rules.

16.8.1 NMAC: GENERAL PROVISIONS

Part 1 provides general requirements for licensees established under the Cannabis Regulation Act and required definitions. The amendment to be discussed at the hearing will propose a labor peace agreement between employers licensed by the Cannabis Control Division and their employees.

16.8.2 NMAC: LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS

Part 2 provides the requirements necessary for issuance of a license under the Cannabis Regulation Act. Part 2 governs the licensing and operational requirements for additional types of licensees. The proposed amendments to be discussed at the hearing will include a list of acceptable solvents for licensees engaged in manufacturing activities.