New Mexico Register / Volume XXXIII,
Issue 1 / January 11, 2022
This is an amendment to 16.8.1 NMAC, Section 7, effective
01/11/2021.
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) “Carbon dioxide solvent” means carbon dioxide in a liquid or
supercritical state.
(4) “CBD” means cannabidiol,
a cannabinoid and a non-psychoactive ingredient found in cannabis.
(5) “CBDA” means cannabidiolic acid,
a non-psychoactive ingredient found in cannabis and an acid precursor to
CBD.
[(4)] (6) “Closed loop extraction system” means a commercially manufactured
extraction system that is sealed during operation and designed to recover all
solvents used during the extraction process through a feedback loop.
[(5)] (7) “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) “Delivery
agreement” means a contract between a licensed cannabis establishment and a licensed
cannabis courier to deliver cannabis or cannabis products from the cannabis
establishment directly to consumers as permitted under the provisions of the
Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, and division
rule.
(2) “Division” means the cannabis control division.
(3) “Diversion” means the unlawful transfer of a cannabis plant, plant material,
or cannabis product.
(4) “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”:
“Extraction area” means the area of a licensed manufacturer’s processing
facility that is designed for solvent-based extraction, which the division has
inspected and approved for the area’s designated use.
F. Definitions beginning with
“F”: [RESERVED]
G. Definitions beginning with “G”: [RESERVED]
H. Definitions beginning with
“H”:
(1) “Homogeneity” means the reasonably
equal dispersion of cannabinoids throughout a batch of cannabis product and
within the cannabis product as packaged or as intended for sale.
(2) “Hydrocarbon solvent” means N-butane,
isobutene, propane, pentane, heptane, or any isomer or combination thereof.
I. Definitions beginning
with “I”: “Independent professional engineer” means
an engineer licensed pursuant to the Engineering and Surveying Practice Act,
Section 61-23-1 et seq., NMSA 1978,
that is not an employee, owner, officer, controlling person, board member, or
manager of the cannabis establishment licensee.
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) “Limit of detection” means an
estimate of the minimum amount of an analyte in a given matrix that
an analytical process can reliably detect.
(4) “Limit of quantitation” means the
minimum level, concentration, or quantity of a target analyte in a
given matrix that an analytical process can reliably quantitate.
[(3)] (5) “Liquor Control Act” mean the Liquor Control Act, Chapter 60,
Articles 3A, 5A, 6A, 6B, 6C, 6E, 7A, 7B and 8A, NMSA 1978.
[(4)] (6) “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.
[(5)] (7)
“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) “Plant material” means leaves, stalks, stems, roots, and any
other part of the cannabis plant.
(4) “Pressure vessel” means a component of a closed loop system
containing cannabis plant material and solvents used during solvent-based
extraction and designed to withstand pressure greater that 15 psi.
(5) “Policy” means a written
statement of principles that guides and determines present and future decisions
and actions of the licensed person.
(6) “POS”
means point of sale system.
(7) “Person” means an individual, corporation, business trust, estate, trust,
partnership, limited liability company, association, joint venture, or any other
legal or commercial entity.
(8) “Produce” means to engage in any activity related to the planting
or cultivation of cannabis.
(9) “Proficiency testing” means a
standardized test administered by an ISO 17043 accredited laboratory to
evaluate the ability of a laboratory to measure, within acceptable
limits, the presence, quantity, or other factors pertaining to a
given analyte.
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) “Safe moisture level” means a level of
moisture low enough to prevent the growth of undesirable microorganisms in the
finished produce.
(2) “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.
(3) “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.
(4) “Solvent”
means a hydrocarbon solvent, carbon dioxide solvent, or organic solvent, which
is used to dissolve or disperse chemical compounds from cannabis plant material
in a closed loop system.
(5) “Solvent-based extraction” means the process of dissolving or dispersing
specific chemical compounds from the cannabis plant material using a solvent in
a closed loop system.
T. Definitions beginning with “T”:
(1) “THC” means tetrahydrocannabinol, a cannabinoid that is the primary psychoactive ingredient in cannabis.
(2) “THCA” means tetrahydrocannabinolic
acid, a non-psychoactive ingredient in cannabis and an acid precursor to THC.
[(2)] (3) “Testing” means testing
of cannabis and cannabis products consistent with division rules.
[(3)] (4) “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”:
(1) “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.
(2) “Volatile
solvent” means a hydrocarbon solvent,
alcohol, or acetone.
W. Definitions beginning with “W”:
(1) “Waste” or “wastage” means the process of rendering cannabis or cannabis products
unusable and unrecognizable, including the destruction of cannabis or cannabis products.
(2) “Water activity” means the
measure of the free moisture in a manufactured cannabis product and is the
quotient of the water vapor pressure of the substance divided by the vapor
pressure of pure water at the same temperature.
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; A, 12/28/2021; A,
01/11/2022]