New Mexico Register / Volume XXXIII, Issue 4 / February 22,
2022
This is an amendment to 7.34.2 NMAC, Section 7, effective 2/22/2022.
7.34.2.7 DEFINITIONS:
A. Definitions
beginning with “A”:
(1) “Act” means the Lynn and Erin Compassionate Use Act, Sections 26-2B-1 through 26-2B-10, NMSA 1978.
(2) “Adequate supply” means
an amount of cannabis, in a form approved by the department possessed by a
qualified patient or collectively possessed by a qualified patient and the
qualified patient’s primary caregiver, that is determined by rule of the
department to be no more than reasonably necessary to
ensure the uninterrupted availability of cannabis for a period of three months
and that is derived solely from an intrastate source.
(3) “Administrative review committee” means
an intra-department committee that reviews qualified patient or primary
caregiver application denials [licensed producer denials made by the program
director, or the summary suspension of a producer’s license,] in accordance
with department rules. The
administrative review committee shall consist of the chief medical officer of
the department (or that’s person’s designee); a deputy secretary of the
department (or that person’s designee), and the chief nursing officer of the
department (or that person’s designee).
(4) “Administrative withdrawal”
means the procedure for the voluntary withdrawal of a qualified patient or
primary caregiver from the medical cannabis program.
(5) “Advisory board” means
the medical cannabis advisory board consisting
of nine practitioners knowledgeable about
the medical use of cannabis, who are appointed by the secretary.
(6) “Applicant” means any
person applying for enrollment or re-enrollment in the medical cannabis program
as a qualified patient [,] or primary caregiver [or
licensed producer].
[(7) “Approved entity”
means a manufacturer, laboratory, or courier.]
B. Definitions
beginning with “B”: [RESERVED] [“Batch” means, with regard to usable cannabis, an identified quantity of
cannabis no greater than five 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 he same agricultural practices were
utilized, including the use of any pesticides; and with regard to concentrated
and cannabis-derived 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” means [all parts of the plant Cannabis sativa L
containing 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 does not include 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; the sterilized seed of the plant that is
incapable of germination; the weight of any other ingredient combined with
cannabis to prepare topical or oral administrations, food, drink or another
product; or hemp.]
(a) means
all parts of the plant Cannabis containing 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
(b) does
not include 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; the sterilized seed of the plant that is incapable of germination; the
weight of any other ingredient combined with cannabis to prepare topical or
oral administrations, food, drink or another product; or hemp;
[(2) “Cannabis consumption area” means an area within a licensed
nonprofit producer’s premises that is approved by the department, where
cannabis may be consumed by qualified patients, in accordance with department
rules.
(3)] (2) “Cannabis-derived product” or “cannabis product”
means [a product, other than cannabis itself, which contains or is derived
from cannabis, not including hemp]
(a) means
a product that contains cannabis, including edible or topical products that may
also contain other ingredients; and
(b) does
not include the weight of any other ingredient combined with cannabis or
cannabis extract to prepare topical or oral administrations, food, drink or
another product.
[(4) “Cannabis
establishment” means:
(a) a
licensed cannabis courier;
(b) a
licensed cannabis testing facility;
(c) a
licensed cannabis manufacturer;
(d) a
licensed non-profit producer; or
(e) such
other person that the department may by rule approve for participation in the
medical cannabis program.
(5)] (3) “CBD” means cannabidiol, a cannabinoid and the primary non-psychoactive
ingredient found in cannabis.
[(6)] (4) “CBDA” means
cannabidiolic acid, a non-psychoactive ingredient found in cannabis and an acid
precursor to CBD.
[ (7) “Concentrated
cannabis-derived product (“concentrate”)” means a cannabis-derived product
that is manufactured by a 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.
(8) “Courier” means a cannabis courier as
defined by the Lynn and Erin Compassionate Use Act, Subsection D of Section
26-2b-3 NMSA 1978, that has been approved by the department specifically to
transport usable cannabis and cannabis products within the state of New Mexico
from a cannabis establishment to a qualified patient, a primary caregiver, or
another cannabis establishment.]
D. Definitions beginning with “D”:
(1) “Debilitating medical condition” means:
(a) cancer;
(b) glaucoma;
(c) multiple sclerosis;
(d) damage to the nervous tissue of the spinal cord, with
objective neurological indication of intractable spasticity;
(e) seizure disorder, including epilepsy;
(f) positive status for human immunodeficiency virus or
acquired immune deficiency syndrome;
(g) [admission] admitted into hospice care
in accordance with rules promulgated by the
department;
(h) amyotrophic lateral sclerosis;
(i) Crohn’s disease;
(j) hepatitis C infection;
(k) Huntington’s disease;
(l) inclusion body myositis;
(m) inflammatory autoimmune-mediated
arthritis;
(n) intractable nausea or vomiting;
(o) obstructive sleep apnea;
(p) painful peripheral neuropathy;
(q) Parkinson’s disease;
(r) posttraumatic stress disorder;
(s) severe chronic pain;
(t) severe anorexia or cachexia;
(u) spasmodic torticollis;
(v) ulcerative colitis; or
(w) any other medical condition, medical
treatment, or disease as approved by the department which results in pain,
suffering, or debility for which there is credible evidence that medical use cannabis could be of benefit.
(2) “Department”
means the department of health or its agent.
(3) “Diversion” means the unlawful transfer
of a cannabis plant, plant material, or cannabis-derived product.
(4) “Dried usable 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.
(5) “Dry weight basis” means a process by which
delta-9-tetrahydrocannabinol concentration is measured relative to the
aggregate weight of all parts of the plant genus Cannabis, whether growing or
not, including the leaves of the plant, the flowers and buds of the plant, the
seeds of the plant, the resin of the plant and the stalks of the plant, at the
point of harvest and with no moisture added to the harvested plant.
E. Definitions beginning with “E”:
[RESERVED]
F. Definitions beginning with “F”: [RESERVED] [“Facility” means any building, space, or grounds licensed for the
production, possession, testing, manufacturing, or distribution of cannabis,
concentrates, or cannabis-derived products.]
G. Definitions
beginning with “G”: [RESERVED]
H. Definitions
beginning with “H”: “Hemp”
means the plant cannabis sativa L. and any part of the plant, whether growing
or not, containing a delta-9-tetrahydrocannabinol concentration of no more than
three-tenths percent on a dry weight basis;
I. Definitions
beginning with “I”:
(1) “Intrastate” means existing or occurring within the state boundaries of
New Mexico.
(2) “Inversion” means the unlawful acquisition of a cannabis plant, plant
material, or cannabis-derived product.
J. Definitions beginning with “J”:
[RESERVED]
K. Definitions
beginning with “K”: [RESERVED]
L. Definitions
beginning with “L”: “Licensee” means any person
licensed by the New Mexico cannabis control division pursuant to the Cannabis
Regulation Act, Sections 26-2C-1 through 26-2C-42 NMSA 1978 who is authorized
by that license to sell cannabis to qualified patients, primary caregivers, and
reciprocal participants.
[(1) “Laboratory” means a licensed cannabis testing facility as defined in the Lynn and
Erin Compassionate Use Act, Subsection I of Section 26-2B-3 NMSA 1978, that has been approved by the department specifically for the
testing of cannabis, concentrates, and cannabis derived products.
(2) “Laboratory
applicant” means a laboratory that seeks to become an approved laboratory,
or that seeks renewal of approval as an approved laboratory, in accordance with
this rule.
(3) “Licensed producer”
means a person or entity licensed to produce medical cannabis.]
(4) “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-derived 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.]
M. Definitions
beginning with “M”:
[(1) “Male plant” means a male cannabis plant.
(2) “Manufacture” means to prepare a
cannabis.
(3) “Manufacturer” means a cannabis
manufacturer as defined in the Lynn and Erin Compassionate Use Act, Subsection
F of Section 26-2B-3 NMSA 1978, that has been approved by the department
specifically to manufacture cannabis products; package, transport or courier
cannabis products; have cannabis products tested by a cannabis testing
facility; purchase, obtain, sell and transport cannabis products to other
cannabis establishments; and prepare products for personal production license
holders.
(4) “Mature female plant” means a harvestable female cannabis plant that is
flowering.
(5)] (1) “Medical
cannabis program” means [the administrative body
of the department charged with the management of the medical
cannabis program and enforcement of program regulations, to include issuance of
registry identification cards, licensing of producers, and regulation of
manufacturing and distribution] the
program established pursuant to the Lynn and Erin Compassionate Use Act for
authorization and regulation of the medical use of cannabis in the state.
[(6)]
(2) “Medical cannabis program
director” means the administrator of the medical cannabis program who holds
that title.
[(7)]
(3) “Medical director” means a
medical practitioner designated by the department to
determine whether the medical condition of an applicant qualifies as a
debilitating medical condition eligible for enrollment in the program, and to
perform other duties.
[(8)]
(4) “Medical provider
certification for patient eligibility form” means a written certification form provided by the medical cannabis program signed by a
patient's practitioner that, in the practitioner's professional opinion, the
patient has a debilitating medical condition as defined by the act or this part
and would be anticipated to benefit from the use of cannabis.
[(9)]
(5) “Minor” means an
individual who is less than 18 years of age.
N. Definitions beginning with “N”: [“Non-profit producer” means a
New Mexico corporation that has been designated as a non-profit corporation by
the New Mexico secretary of state, that has been licensed by the department to
possess, produce, dispense, distribute and manufacture cannabis and cannabis
products and sell wholesale or by direct sale to qualified patients and primary
caregivers.] [RESERVED]
O. Definitions
beginning with “O”: [RESERVED]
P. Definitions beginning with “P”:
(1) “Paraphernalia” means any equipment, product, or material of any kind that
is primarily intended or designed for use in compounding, converting,
processing, preparing, inhaling, or otherwise introducing
cannabis or its derivatives into the human body.
(2) “Patient enrollment/re-enrollment
form” means the registry identification card application form for
patient applicants provided by the medical cannabis program.
[(3) “Permanent
structure” means a building or structure that is placed on the land for the
foreseeable future that is anchored to a permanent foundation, that is roofed
and walled, and which requires a building permit from a local and or state
governing authority.
(4) “Personal production license” means a license
issued to a qualified patient or to a qualified patient’s primary caregiver
participating in the medical cannabis program to permit the qualified patient
or the qualified patient's primary caregiver to produce cannabis for the
qualified patient's use at an address approved by the department.
(5) “Pesticide” means a pesticide as defined by the New Mexico Pesticide
Control Act, Section 76-4-3, NMSA 1978.
(6)] (3) “Petitioner” means any New Mexico resident or association of New Mexico
residents petitioning the advisory board for the inclusion of a new medical condition, medical treatment, or disease to be added to the list of debilitating medical conditions
that qualify for the use of cannabis.
[(7) “Plant”
means any cannabis plant, cutting, or clone that has roots or that is
cultivated with the intention of growing roots.
(8) “Policy” means a written statement of principles that guides and
determines present and future decisions and actions of the licensed producer.]
[(9)]
(4) “Practitioner”
means a person licensed in New Mexico to prescribe and administer drugs that
are subject to the Controlled Substances Act, Sections 30-31-1 et seq., NMSA 1978.
[(10)]
(5) “Primary caregiver” means a resident of New Mexico who is at
least 18 years of age and who has been designated by the qualified patient or
their representative and the patient’s practitioner as being necessary to take responsibility for managing the well-being of a qualified
patient with respect to the medical use of cannabis pursuant to the provisions
of the Lynn and Erin Compassionate Use Act, Section 26-2B-1 et seq., NMSA 1978.
[(11)]
(6) “Primary
caregiver application form” means the registry identification card
application form provided by the medical cannabis program.
[(12) “Private entity” means a private, non-profit organization that applies to become
or is licensed as a producer and distributor of cannabis, concentrates, or
cannabis-derived products.
(13) “Produce” means to engage in any
activity related to the planting or cultivation of cannabis.
(14) “Proficiency
testing” means testing conducted by the department or its agent to
determine the ability of a laboratory applicant or approved laboratory to
accurately identify presence, quantity, or other factors pertaining to a given
analyte.]
Q. Definitions beginning with “Q”: “Qualified
patient” means [a resident of New Mexico who has been diagnosed
by a practitioner as having a debilitating medical condition and has received a
registry identification card issued pursuant to the requirements of the act or
department rules] a
resident of New Mexico who has been diagnosed by a practitioner as having a
debilitating medical condition and has received written certification and a
registry identification card pursuant to the Lynn and Erin Compassionate Use
Act on the basis of having been diagnosed, in person or via telemedicine, by a
practitioner as having a debilitating medical condition.
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) “Reciprocal limit” means the quantity
of cannabis and cannabis products that a reciprocal participant can use and
possess in a given year pursuant to department rule.
(3) “Reciprocal participant” means [an
individual who holds proof of authorization to participate in the medical
cannabis program of another state of the United States, the District of
Columbia, a territory or commonwealth of the United States or a New Mexico
Indian nation, tribe or pueblo] a person who is not a resident of New
Mexico and who holds proof of enrollment by a governmental regulatory authority
to participate in the medical cannabis program of another state of the United
States, the District of Columbia or a territory or commonwealth of the United
States in which the person resides or a person who holds proof of enrollment by
a governmental regulatory authority of a New Mexico Indian nation, tribe or
pueblo to participate in its medical cannabis program;
(4) “Registry identification card” means [a document issued and owned by
the department which identifies a qualified patient authorized to engage in the
use of cannabis for a debilitating medical condition or a document issued by
the department which identifies a primary
caregiver authorized to engage in the intrastate possession and administration
of cannabis for the sole use of the qualified patient] a document
in printed or electronic form that the department issues:
(a) to
a qualified patient that identifies the bearer as a qualified patient and
authorizes the qualified patient to use cannabis for a debilitating medical
condition; or
(b) to
a primary caregiver that identifies the bearer as a primary caregiver
authorized to engage in the intrastate possession and administration of
cannabis for the sole use of a qualified patient who is identified on the
document.
(5) “Representative” means an
individual designated as the applicant’s or petitioner’s agent, guardian,
surrogate, or other legally appointed or
authorized health care decision maker.
S. Definitions
beginning with “S”:
[(1)] “Secretary” means the secretary of
the New Mexico department of health.
[(2) “Secure
grounds” means a facility that
provides a safe environment to avoid loss or theft.
(3) “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.
(4) “Security policy” means the
instruction manual or pamphlet adopted or developed by the licensed producer
containing security policies, safety and security procedures, and personal safety and crime prevention techniques.
(5) “Seedling” means a cannabis plant
that has no flowers and that is less than 12 inches in height, as measured
vertically in the plant’s natural position from the uppermost part of the root
system (or from the soil line, if the plant is planted in soil) to the tallest
point of the plant.
(6) “Segregate”
means to separate and withhold from use or sale batches, lots, cannabis, usable
cannabis, or cannabis-derived products in order to first determine its
suitability for use through testing by an approved laboratory.]
T. Definitions beginning
with “T”:
(1) “THC” means tetrahydrocannabinol, a [cannabinoid] substance
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.
(3)] (2) “Technical
evidence” means scientific, clinical, medical, or other specialized testimony, or
evidence, but does not include legal argument, general comments, or statements
of policy or position concerning matters at issue in the hearing.
[(4)]
(3) “Telemedicine” means the use of telecommunications and information
technology to provide clinical health care from a site apart from the site
where the patient is located, in real time or asynchronously, including the use
of interactive simultaneous audio and video or store-and-forward technology, or
off-site patient monitoring and telecommunications in order to deliver health
care services.
[(5) “Testing” means testing of cannabis and cannabis derived products,
consistent with provisions of this rule.]
U. Definitions beginning with “U”:
(1) “Unit” means a quantity of usable cannabis, concentrate, or cannabis-derived
product that is used in identifying the maximum supply that a qualified patient
may possess for purposes of department rules.
(2) “Usable
cannabis” means the dried leaves and flowers of the female cannabis
plant and cannabis-derived products, including concentrates, but does not
include the seeds, stalks, or roots of the plant.
V. Definitions beginning with “V”:
[RESERVED]
W. Definitions beginning with “W”:
(1) “Wastage” means the destruction of usable
cannabis or cannabis plants;
(2) “Written certification” means a
statement made on a department-approved form and signed by a patient's
practitioner that indicates, in the practitioner's professional opinion, that
the patient has a debilitating medical condition and the practitioner believes
that the potential health benefits of the medical use of cannabis would likely
outweigh the health risks for the patient.
X. Definitions
beginning with “X”: [RESERVED]
Y. Definitions beginning with “Y”: [RESERVED]
Z. Definitions beginning with “Z” [RESERVED]
[7.34.2.7 NMAC - Rp, 7.34.2.7 NMAC, 2/27/2015;
A, 2/29/2016; A,
8/27/2019; A, 6/23/2020; A, 2/22/2022]