TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 8 COMMERCIAL AND MEDICAL CANNABIS
PART 11 FEES
16.8.11.1 ISSUING AGENCY: New Mexico Regulation
and Licensing Department, Cannabis
Control Division.
[16.8.11.1 NMAC - N, 08/24/2021]
16.8.11.2 SCOPE: This rule applies
to all applicants and licensees applying for licensure and renewal of licensure under
all license types as set forth in the Cannabis Regulation Act and the Lynn and Erin
Compassionate Use Act.
[16.8.11.2 NMAC - N, 08/24/2021]
16.8.11.3 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.
[16.8.11.3 NMAC - N, 08/24/2021]
16.8.11.4 DURATION: Permanent.
[16.8.11.4 NMAC - N, 08/24/2021]
16.8.11.5 EFFECTIVE DATE: August 24, 2021, unless
a later date is cited at the end of a section.
[16.8.11.5 NMAC - N, 08/24/2021]
16.8.11.6 OBJECTIVE: The objective of Part 11 is to establish a uniform
schedule of fees applicable to licenses issued under the Cannabis Regulation
Act.
[16.8.11.6 NMAC - N, 08/24/2021]
16.8.11.7 DEFINITIONS: Unless
otherwise defined below, terms used in Title 16, Chapter 8, Part 1, have the
same meanings as set forth in 16.8.1 NMAC, the Cannabis Regulation Act, and the
Lynn and Erin Compassionate Use Act.
[16.8.11.7 NMAC - N, 08/24/2021]
16.8.11.8 GENERAL PROVISIONS FOR FEES: [RESERVED]
[16.8.11.8 NMAC - N, 08/24/2021]
16.8.11.9 ANNUAL LICENSING FEES: Every application
for the issuance or renewal of the following licenses shall be accompanied by
an annual licensing fee in the following specified amounts:
A. Cannabis courier license: $250
annually
Each additional licensed
premises of the licensee: $100
annually
B. Cannabis
testing laboratory license: $2,500 annually
Each additional
licensed premises of the licensee: $1,000
annually
C. Cannabis manufacturer license: $2,500
annually
Each additional licensed
premises of the licensee: $1,000
annually
D. Cannabis producer license: $2,500
annually
Each additional licensed
premises of the licensee: $1,000 annually
E. Cannabis retailer license: $2,500 annually
Each additional licensed premises of the
licensee: $1,000 annually
F. Cannabis research laboratory license: $2,500
annually
Each additional licensed
premises of the licensee: $1,000
annually
G. Vertically integrated cannabis
establishment license: $7,500
annually
Each additional licensed
premises of the licensee: $1,000 annually
H. Cannabis
producer microbusiness license: License
fees for cannabis producer microbusinesses shall be determined by the number of
plants growing under each license.
(1) Licensees growing 100 plants or less: $500
annually
(2) Licensees
growing 101 to 200 plants: $1,000
annually
I. Integrated cannabis microbusiness license: License fees for integrated
cannabis microbusinesses shall be determined by the number of activities
conducted under each license. Activities considered are defined by the Cannabis
Regulation Act and entail:
(1) production of cannabis
at a single licensed premises, provided that the person shall not possess more
than two hundred total mature cannabis plants at any one time;
(2) manufacture of cannabis
products at a single licensed premises;
(3) sale and transportation
of only cannabis products produced or manufactured by that person;
(4) operation of only one
retail establishment; or
(5) couriering of cannabis
products to qualified patients, primary caregivers or reciprocal participants
or directly to consumers.
(a) Two
activities: $1,000 annually
(b) Three
activities: $1,500
annually
(c) Four
activities: $2,000
annually
(d) Five
activities $2,500
annually
J. Cannabis
consumption area: $2,500 annually
[16.8.11.9 NMAC - N, 08/24/2021]
16.8.11.10 ANNUAL
LICENSING FEE PRORATION: Licensees submitting an amended application to add or
change a license type shall only be required to pay the difference between the
fee for the original license type and the fee for the amended license type,
provided that the division will not issue any refunds. The division shall
prorate the fee to align with the expiration date of the licensees original
license.
[16.8.11.10 NMAC - N, 08/24/2021]
16.8.11.11 ANNUAL PER PLANT FEE:
A. Commercial cannabis plants: Except for cannabis producer microbusinesses
and integrated cannabis microbusinesses, a licensee cultivating commercial
cannabis plants shall be assessed an additional annual fee per mature cannabis
plant at the time of licensing, incremental increase as set forth in 16.8.8.10
NMAC, and licensure renewal as set forth in 16.8.2.17 NMAC. Plant fee shall be
accessed based on the plant limit license designation as set forth in
Subsection A in 16.8.8.9 NMAC, as follows:
(1) Level
1: $5.00
per mature cannabis plant;
(2) Level
2: $5.00
per mature cannabis plant;
(3) Level
3: $5.00
per mature cannabis plant; and
(4) Level
4 and above: $5.00 per mature
cannabis plant.
B. Medical cannabis plants: Except for cannabis producer microbusinesses
and integrated cannabis microbusinesses, a licensee cultivating solely medical
cannabis plants shall be assessed an additional annual fee per mature cannabis
plant at the time of licensing, incremental increase as set forth in 16.8.8.10
NMAC, and licensure renewal as set forth in 16.8.2.17 NMAC. Plant fees shall be
accessed based on the plant limit license designation as set forth in
Subsection A in 16.8.8.9 NMAC, as follows:
(1) Level
1: $2.50
per mature cannabis plant;
(2) Level
2: $2.50
per mature cannabis plant;
(3) Level
3: $2.50
per mature cannabis plant; and
(4) Level
4 and above: $2.50 per mature
cannabis plant.
[16.8.11.11 NMAC - N, 08/24/2021; A/E 01/13/2022; A,
03/22/2022]
16.8.11.12 FEE LIMITATIONS: Application,
license, premises and plant fees, or license renewal, premises renewal and
annual plant fees shall not exceed $125,000 for a vertically integrated
cannabis establishment license for both medical cannabis activity and
commercial cannabis activity. License fees or renewal fees for a license
that authorizes only medical cannabis activity shall be one-half the fee applicable to a license authorizing both
medical cannabis activity and commercial cannabis activity.
[16.8.11.12 NMAC - N, 08/24/2021]
16.8.11.13 PROHIBITED ACTIVITY AND IMPACTS ON
FEES: Cannabis producer microbusiness or integrated cannabis microbusinesses
entering into a business arrangement with another licensee with the purpose or
having the effect of evading the limitations of the licensees license shall
not be eligible for the lower fee prescribed in Subsections H and I of
16.8.11.9 NMAC. Upon entering into such an arrangement, the licensees shall immediately
pay the per-plant fee as set forth in 16.8.11.11 NMAC and the applicable fee
for a producer license or vertically integrated cannabis establishment license
as set forth in 16.8.11.9 NMAC.
[16.8.11.13 NMAC - N, 08/24/2021]
16.8.11.14 FEE PAYMENT
TYPES ACCEPTED: The
division shall accept payment for annual licensing fees and annual per plant
fees from sources including credit cards, debit cards, electronic checks, electronic
bank transfers, automated clearing house payments, or cashiers checks. Other
forms of payment, including cash, shall not be accepted.
[16.8.11.14 NMAC - N, 08/24/2021]
16.8.11.15 RENEWAL FEE
COLLECTION TIMING: The
division shall collect all renewal fees, including annual per plant fees, at
the time of renewal of a license.
[16.8.11.15 NMAC - N, 08/24/2021]
16.8.11.16 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.
[16.8.11.16 NMAC - N,
08/24/2021]
History of 16.8.11
NMAC: [RESERVED]