New Mexico Register / Volume XXXIII,
Issue 2 / January 26, 2022
This is an emergency
amendment to 16.8.2 NMAC amending Sections 22, 24, 25, 30, 32, 36, 38, 44 and
46, effective 1/13/2022.
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)] (3) 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.
[(5)] (4) 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;
[(6)] (5) 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;
[(7)] (6) 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;
[(8)] (7) 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;
[(9)] (8) 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;
[(10)] (9) 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;
[(11)] (10) 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;
[(12)] (11) 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;
[(13)] (12) 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;
[(14)] (13) 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;
[(15)] (14) 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;
[(16)] (15) 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;
[(17)] (16) 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)] (17) 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;
(18) certification
the applicant will maintain at all times a legible and accurate diagram containing
information required by 16.8.2.24 NMAC and description
of the location of the land or facility used for the cannabis establishment
and the method(s) to be used to produce cannabis which shall be made immediately
available upon request by the division;
(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
(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; A/E, 01/13/2022]
16.8.2.24 PRODUCER PREMISES
DIAGRAM:
A. An applicant must [submit to the
division, with the application,] maintain on its licensed premise at all
times, a complete and detailed diagram of the [proposed] premises.
The diagram shall be used by the division to determine whether the premises
meets the requirements of the Cannabis Regulation Act, the Lynn and Erin Compassionate
Use Act, or division rules. [The division shall deny an application if the
premises does not qualify for licensure pursuant to federal, state or local
laws.]
B. The diagram
shall show the boundaries of the property and the proposed premises to be
licensed, the dimensions of each area that cannabis plants will be cultivated, the
location(s) and the dimensions of other areas where other horticulture will be
cultivated, if applicable. The diagram shall also include, as applicable, any equipment
to be used, entrances and exits, interior partitions, location of lights in the
cannabis plant cultivation area(s) and the maximum wattage or wattage
equivalent, walls, rooms, windows, and doorways. The diagram shall include a
brief statement or description of the principal activity to be conducted in
each area on the premises.
C. The diagram
shall show where all cameras are located and assign a number to each camera for
identification purposes.
D. The diagram
shall be to scale.
E. The diagram
shall not contain any highlighting and the markings on the diagram shall be in
black-and-white print.
F. If the proposed
premises consists of only a portion of a property, the diagram must be labeled
indicating which part of the property is the proposed premises and what the remaining
property is used for.
G. If the proposed
premises consists of only a portion of a property that will contain two or more
licensed premises, then the diagram shall be supplemented with a description of
how two or more licensed premises will be managed on the property.
H. If a
proposed premise is located on only a portion of a property that also includes
a residence, the diagram shall clearly show the designated buildings for the
premises and the residence.
[16.8.2.24 NMAC - N, 08/24/2021; A/E, 01/13/2022]
16.8.2.25 PHYSICAL MODIFICATION OF PRODUCER PREMISES
A. Licensees
shall not, without the prior written approval of the division, make a physical
change, alteration, or modification of the licensed premises that materially or
substantially alters the licensed premises or the use of the licensed premises
[from the premises diagram filed with the division].
B. Licensees
whose licensed premises is to be materially or substantially changed, modified,
or altered is responsible for filing a request for premises modification with
the division.
C. Material
or substantial changes, alterations, or modifications requiring approval
include:
(1) when
a building or structure will be erected, constructed, enlarged, altered,
repaired, moved, improved, removed, converted or demolished, as defined and
described in the applicable building codes, which require a permit from the
construction industries division or the appropriate local jurisdiction;
(2) when
electrical wiring, plumbing or mechanical work and LP gas work, as defined and
described in the applicable construction codes for those trades, is to be
installed, repaired or maintained in or on such building or structure, which
require a permit from the construction industries division or the appropriate
local jurisdiction;
(3)
re-roofing and application of roof coatings that requires a building permit and
inspections; or
(4) changing
the occupancy activities conducted in or the use of an area [identified in
the last premises diagram provided to the division] that requires a new
certificate of occupancy or fire inspection.
D. Licensees
shall request approval of a material or substantial physical change,
alteration, or modification in writing, and the request shall include:
[(1) a new premises diagram that conforms
to requirements set forth in 16.8.2.18 NMAC;
(2)] (1) a copy of the
applicable building permit; and
[(3)] (2) a new certificate
of occupancy, if applicable.
E. Licensees shall
immediately notify the division within 24 hours if a federal or state authority
requires a change to the premises;
F. Licensees
shall promptly provide additional documentation requested by the division to
evaluate the licensee’s request to modify the licensed premises; and
G. The
division shall notify the licensee, in writing, of approval or denial of a
request for physical modification no later than 10 days after receiving a
request.
[16.8.2.25 NMAC - N, 08/24/2021; A/E, 01/13/2022]
16.8.2.30 APPLICATION
REQUIREMENTS FOR CANNABIS MANUFACTURER LICENSE:
A. An
initial application or renewal for cannabis manufacturer 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 mailing address;
(c) applicant’s contact
telephone number;
(d) applicant’s contact email
address;
(e) applicant’s business physical
address and mailing address, if different;
(f) applicant’s business legal name,
including a DBA name if applicable;
(g) applicant’s business web
address, if applicable;
(h) applicant’s business hours of
operation;
(i) name and contact information for
each controlling person;
(j) demographic data
pursuant to the Cannabis Regulation Act; and
(k) license type sought
(Class I, Class II, Class III, or Class IV);
(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 containing information required by 16.8.2.32 NMAC 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 manufacture cannabis (extraction, infusion, packaging, labeling),
including a description of extraction and infusion methods, in a portable
document format (.pdf), and if requested by the division, digital photographic
photos;
(4)] (3) demonstration of a legal right to use the quantity of
water that the division determines is needed for cannabis manufacturing, 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 for cannabis manufacturing 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, 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;
[(5)] (4) 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;
[(6)] (5) 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;
[(7)] (6) 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;
[(8)] (7) if applicable, proof of prior
approval by the New Mexico regulation and licensing department for the use of any compressed gas extraction equipment to be utilized
by the manufacturer;
[(9)]
(8) 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 cannabis
sold;
[(10)] (9) for
class II, III, and IV licenses, documentation that the applicant has obtain all
necessary authority required for the production of edibles and topicals from
the New Mexico environment department and that such authority is valid at the
time the license application is submitted;
[(11)]
(10) certification the applicant will
adhere to manufacturing requirements
pursuant to the Cannabis Regulation Act, the Lynn and Erin Compassionate Use
Act, or division rules;
[(12)]
(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;
[(13)]
(12) certification the
applicant will adhere to security requirements pursuant to the Cannabis Regulation Act, the Lynn and Erin
Compassionate Use Act, or division rules;
[(14)]
(13) 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;
[(15)] (14) 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, fire
safety, environmental impacts, natural resource protections, air quality, solid
and hazardous waste management, and wastewater discharge;
[(16)] (15) 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 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;
[(17)] (16) certification
the applicant is not licensed under the Liquor Control Act.
[(18)] (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;
[(19)] (18) an attestation that the manufacturer will not use dimethylsulfoxide (DMSO) in the production of cannabis
products, and will not possess
DMSO on the premises
of the manufacturer:
[(20)] (19) 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;
(20) certification
the applicant will maintain at all times a legible and accurate diagram
containing information required by 16.8.2.32 NMAC 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 manufacture
cannabis (extraction, infusion, packaging, labeling), including a description
of extraction and infusion methods, which shall be made immediately available
upon request by the division;
(21) 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
(22) payment of any required fees as set forth in 16.8.11
NMAC.
B. Verification of information: The division
may verify information contained in each application and accompanying documentation by:
(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.
C. Trade
secrets: Any applicant submitting operating procedures and protocols to the
division pursuant to the Lynn and Erin Compassionate Use Act, the Cannabis
Regulation Act, or division rules, may claim such information as a trade secret
or confidential by clearly identifying such information as “confidential” on
the document at the time of submission. Any claim of confidentiality by an
applicant must be based on the applicant’s good faith belief that the
information marked as confidential constitutes a trade secret as defined in the
Uniform Trade Secrets Act, Sections 57-3A-1
to 7, NMSA 1978. In the event the division
receives a request to inspect such documents, the division will notify the
applicant or licensee, via the current email of record. If the division does
not receive an injunction pursuant to the Uniform Trade Secrets Act within ten
days of the request to inspect, the division will make the documents marked
confidential available for inspection as required pursuant to the Inspection of
Public Records Act.
16.8.2.36 APPLICATION
REQUIREMENTS FOR CANNABIS RETAILER LICENSE:
A. An
initial application or renewal for cannabis retailer 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;
(k) demographic data
pursuant to the Cannabis Regulation Act; and
(l) license type sought;
(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, including a
description of each retail area and all security requirements, in a portable
document format (.pdf), and if requested by the division, digital photographic
photos;
(4)] (3) 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;
[(5)] (4) 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;
[(6)] (5) 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;
[(7)] (6) certification the applicant will adhere to
retail requirements pursuant to the Cannabis
Regulation Act, the Lynn and Erin Compassionate Use Act, or division rules;
[(8)] (7) 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;
[(9)] (8) certification the applicant will adhere to
security requirements pursuant to the Cannabis Regulation Act, the Lynn and Erin
Compassionate Use Act, or division rules;
[(10)] (9) 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;
[(11)] (10) 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;
[(12)] (11) 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 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;
[(13)] (12) certification
the applicant is not licensed under the Liquor Control Act;
[(14)] (13) 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;
(14) certification
the applicant will maintain at all times a legible and accurate diagram and description containing information required by
16.8.2.38 NMAC and description of the location of the land or facility to be
used for the cannabis establishment, including a description of each
retail area and all security requirements which shall be made immediately
available upon request by the division;
(15) if applicable,
certification the applicant will adhere to courier requirements pursuant to the Cannabis Regulation Act, the Lynn
and Erin Compassionate Use Act, or division rules;
(16) 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;
(17) 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
(18) payment
of any required fees as set forth in 16.8.11 NMAC.
B. Verification of
information: The division may verify information contained in each application and accompanying documentation by:
(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.
16.8.2.44 APPLICATION
REQUIREMENTS FOR CANNABIS TESTING LABORATORY LICENSE:
A. Contents
of application:
(1) for any
initial or renewal application, contact information for the applicant and the
cannabis establishment, to include:
(a) applicant’s
full legal name;
(b) applicant’s
mailing address;
(c) applicant’s
contact telephone number;
(d) applicant’s
contact email address;
(e) applicant’s
business physical address and mailing address, if different;
(f) applicant’s
business legal name, including a DBA name, if applicable;
(g) applicant’s
business web address, if applicable;
(2) for any
initial application, information about controlling persons, to include:
(a) name and
contact information;
(b) documentation
of legal name change, if applicable;
(c) criminal
history screening documents. as set forth in 16.8.2.9 NMAC and the Cannabis
Regulation Act;
(d) a detailed
description of any criminal convictions, including for each: the date of the
conviction; dates of incarceration, probation, or parole; description of the
offense; and any evidence of rehabilitation, including court documents,
personal or professional references, completion of treatment, employment
records, and other relevant information;
(e) demographic
data pursuant to the Cannabis Regulation Act; and
(f) A
copy of identification issued by a federal or state government, including name,
date of birth, and picture and indicating the person is at least 21 years of
age;
(3) for
any renewal application, certifications that the applicant:
(a) attests
to 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;
(b) will
adhere to the Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act,
and division rules, including:
(i) testing
requirements;
(ii) transport
requirements;
(iii) security
requirements;
(iv) quality
assurance requirements; and
(v) the
prohibition on any person holding an interest in one or more cannabis testing
laboratories from holding an interest in any other cannabis license other than
a cannabis research laboratory;
(c) 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, fire safety, environmental impacts, natural resource protections,
air quality, solid and hazardous waste management, and wastewater discharge;
(d) 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 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; and
(e) is
not licensed at the same location under the Liquor Control Act;
(f) 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; and
(g) maintain
on its licensed premise at all times, a complete and detailed diagram of the
premises containing information required by 16.8.2.46 NMAC, which shall be made
immediately available to the division upon request.
(4) for
any initial application, and, unless a statement is included that no material
changes exist, for any renewal application:
(a) a
list of categories of testing for which licensure is sought; and
[(b) legible
and accurate premises diagram containing information required by 16.8.2.46
NMAC, in a portable document format (.pdf), and if requested by the division,
digital photographs;
(c)] (b) 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 premises are located in an underserved rural
community, including tribal, acequia, land grant-merced, federally designated
opportunity zone, or other rural historic communities; and
(5) for
any initial or renewal application, payment of any required fees as set forth
in 16.8.11 NMAC.
B. Initial
demonstration of capability: The division requires the submission of an
initial demonstration of capability (IDC) for every test a cannabis testing
laboratory intends to conduct, except tests for research and development
purposes only. The IDC must identify a limit of quantitation that is equal to
or lower than the action level for the specified test.
(1) An
IDC is required whenever:
(a) an
initial application is submitted, except that an applicant may instead submit
evidence of prior completion of an IDC as a requirement of licensing under the
Lynn and Erin Compassionate Use Act;
(b) the
cannabis testing laboratory proposes to use a new analytical instrument to test
for an analyte; or
(c) the
cannabis testing laboratory proposes material changes to testing methods.
(2) Every
IDC shall include the following elements:
(a) Demonstration
of method calibration: The calibration range shall use at least five
calibration points consisting of five different concentration levels of target
compounds. The calibration range shall include a low calibration point equal
to, or less than, the action level for each targeted compound. The cannabis
testing laboratory shall provide the equation and the type of curve fit used
for the calibration range, and the percent relative standard deviation or the
goodness of fit. The percent relative standard deviation shall be less than
twenty percent, or the goodness of fit (correlation coefficient) shall be 0.995
or better.
(b) Demonstration
of method accuracy and precision: A cannabis testing laboratory shall supply
the quantitation data for five positive control samples analyzed by its testing
method utilizing median or mid-level calibration concentration. The cannabis
testing laboratory shall identify and justify acceptance criteria and shall
calculate and provide the calculated mean (average) result and the standard
deviation. Any standard deviations greater than twenty percent shall be noted
and explained.
(c) Demonstration
of method detection limit: A cannabis testing laboratory shall calculate its
method detection limit using a generally accepted method.
(d) Demonstration
of low system background: A cannabis testing laboratory shall supply the
analytical data of at least three negative control samples that do not contain
any target analytes.
(e) Demonstration
of analyte identification: A cannabis testing laboratory that uses, high
performance liquid chromatography (HPLC) or gas chromatography with flame
ionization detector or photoionization detector (GC-FID or GC-PID/FID)
instrumentation shall supply analytical data where each targeted compound is
analyzed as a single compound giving it its characteristic retention time. A
cannabis testing laboratory that uses gas chromatography–mass spectrometry (GCMS),
liquid chromatography–mass spectrometry (LCMS), or liquid chromatography–tandem
mass spectrometry (LCMSMS) instrumentation shall supply analytical data with
the characteristic mass spectrum of each targeted compound.
C. Continuing demonstration of capability:
A cannabis testing laboratory shall submit a continuing demonstration of
capability (CDC) for each test performed annually as part of the laboratory’s
application for renewal of licensure. A CDC may consist of:
(1) Evidence
that the cannabis testing laboratory has the test within its current scope of
accreditation to the current standards of ISO/IEC 17025, Testing and
Calibration Laboratories;
(2) Evidence
that each analyst performing the test has successfully completed, within the
previous year, relevant proficiency testing administered by a provider
accredited to the standards of ISO/IEC 17043, Conformity Assessment—General
Requirements for Proficiency Testing; or
(3) The
re-performance of the IDC.
D. Verification of information: The
division may verify information contained in each application and accompanying
documentation by:
(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.
E. Trade secrets: Any applicant
submitting operating procedures and protocols to the division pursuant to the
Lynn and Erin Compassionate Use Act, the Cannabis Regulation Act, or division
rules, may claim such information as a trade secret by clearly identifying such
information as “confidential trade secrets” on the document at the time of
submission. Any claim of confidentiality by an applicant must be based on the
applicant’s good faith belief that the information marked as confidential
constitutes a trade secret as defined in the Uniform Trade Secrets Act,
Sections 57-3A-1 to -7, NMSA 1978. In the event the division receives a request
to inspect such documents, the division will notify the applicant or licensee,
via the current email of record. If the division does not receive an injunction
pursuant to the Uniform Trade Secrets Act within five days of the request to
inspect, the division will make the documents marked confidential available for
inspection as required pursuant to the Inspection of Public Records Act.
[16.8.2.44 NMAC – N, 01/11/2022; A/E, 01/13/2022]
16.8.2.46 TESTING
LABORATORY PREMISES DIAGRAM:
A. Detailed diagram required: An applicant [submit to the division, with
the application,] maintain on its licensed premise at all times, a
complete and detailed diagram of the [proposed] premises. The
diagram shall be used by the division to determine whether the premises meets
the requirements of the Cannabis Regulation Act, the Lynn and Erin
Compassionate Use Act, and division rules. [The division shall deny an
application if the premises does not qualify for licensure pursuant to federal,
state, or local laws.]
B. Contents of diagram: The diagram
shall show:
(1) the
boundaries of the property and the proposed premises to be licensed;
(2) if
applicable, the uses of any portion of the property not included in the
premises;
(3) a
brief statement or description of the principal activity to be conducted in
each area on the premises;
(4) the
dimensions of each area where testing of cannabis products will take place;
(5) the
location and identity of equipment; and
(6) entrances
and exits;
C. Format of diagram: The diagram
shall:
(1) be
drawn to scale;
(2) be
rendered in black and white print; and
(3) contain
no highlighting.
[16.8.2.46 NMAC – N, 01/11/2022; A/E, 01/13/2022]