New Mexico Register / Volume XXXIV, Issue 14 / July 31, 2023

NOTICE OF PROPOSED RULE HEARING

Public Hearing. The New Mexico Regulation and Licensing Department (RLD), Cannabis Control Division (CCD), will hold a public rule hearing on August 31, 2023, at 9:00am. The rule hearing will be held at the Rio Grande Conference Room in the Toney Anaya State Office Building located at 2550 Cerrillos Road, Santa Fe, New Mexico. The hearing will be live-streamed via Internet-based video and via telephone for those wishing to observe the hearing. Individuals wishing to participate and offer comment on the proposed rules will appear in-person at the hearing location. A PDF of the proposed rule and meeting details may be accessed through the Cannabis Control Division website: https://www.rld.nm.gov/cannabis/ or from Victoria Kaniatobe at the contact information listed below.

Purpose of Rule Hearing. The purpose of the public rule hearing is to receive public commentary regarding the proposals for amendments to rules related to licensing requirements and complaint procedures.

Any technical information used to inform the proposed rules will be accessible by visiting: https://www.rld.nm.gov/cannabis/.

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

Public Comment. The Division will begin accepting public comment on the proposed rules beginning July 31, 2023. Please submit written comments on the proposed rules to Robert Sachs, Division Counsel 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 https://www.rld.nm.gov/cannabis/ 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 August 31, 2023. 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: https://www.rld.nm.gov/cannabis/.

No later than July 31, 2023, interested parties may obtain and review copies of the proposed rules and public comments by going to the Cannabis Control Division website at https://www.rld.nm.gov/cannabis/ or by contacting the Cannabis Control Division at RLD.CannabisControl@rld.nm.gov 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 Victoria Kaniatobe, Legal Clerk for the Cannabis Control Division at Victoria.Kaniatobe2@rld.nm.gov or (505) 476-4577 at least seven (7) days prior to the hearing.

Summary of Proposed Amended Rules.

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 also governs the licensing and operational requirements for licenses. Amendments to this part will strike conditional licenses and variances to licenses. Additional amendments will change the requirements for the issuance and renewal of a license. Some of these changes include but are not limited to, adding that inspections will be required prior to the issuance of a license as well as requiring the completion of training courses prior to the issuance of a license.