TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 8 COMMERICAL AND MEDICAL CANNABIS
PART 1 GENERAL
PROVISIONS
16.8.1.1 ISSUING AGENCY:
New Mexico Regulation
and Licensing Department, Cannabis
Control Division.
[16.8.1.1 NMAC – N, 08/24/2021]
16.8.1.2 SCOPE: This rule applies
to all applicants for licensure pursuant to the Cannabis Regulation Act, the Lynn and
Erin Compassionate Use Act or division rules, and where applicable, the general public.
[16.8.1.2 NMAC - N, 08/24/2021]
16.8.1.3 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.
[16.8.1.3 NMAC - N, 08/24/2021]
16.8.1.4 DURATION: Permanent.
[16.8.1.4 NMAC - N, 08/24/2021]
16.8.1.5 EFFECTIVE DATE: August 24, 2021, unless
a later date is cited at the end of a section.
[16.8.1.5 NMAC - N, 08/24/2021]
16.8.1.6 OBJECTIVE: The objective of Part 1 is to
set forth the general provisions that apply to all of Chapter 8, and to all
persons affected or regulated by Chapter 8 of Title 16.
[16.8.1.6 NMAC - N, 08/24/2021]
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.
(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.
(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.
(5) “Liquor Control Act” mean the Liquor Control Act, Chapter 60,
Articles 3A, 5A, 6A, 6B, 6C, 6E, 7A, 7B and 8A, NMSA 1978.
(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.
(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.
(3) “Testing” means testing of cannabis and cannabis products consistent with
division rules.
(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]
16.8.1.8 SOCIAL
AND ECONOMIC EQUITY:
A. Division mandate: Pursuant to the Cannabis Regulation Act, Paragraphs (7) and (8) of
Subsection B of Section 26-2C-3 NMSA 1978, the
division must adopt procedures to promote and encourage full participation in
the cannabis industry of representatives of communities that have
disproportionately been harmed by rates of arrest through the enforcement of
cannabis prohibitions and encourage racial, ethnic, gender, geographic
diversity, and New Mexico residency among license applicants, licensees and
cannabis industry employees. Policies must also encourage representatives from
rural communities that are likely to be impacted by cannabis production,
including agricultural producers from economically
disadvantaged communities.
B. Division goal: To accomplish these mandates, the division establishes a goal that at
least fifty percent of applicants for licensure, licensees, and cannabis
industry employees will represent these groups.
[16.8.1.8 NMAC - N, 08/24/2021; A, 03/22/2022]
16.8.1.9 FEDERAL
LAW: The
activities described in these rules may be considered a violation of federal
law. Persons cultivating, manufacturing, collecting samples of, testing,
selling, purchasing or otherwise receiving cannabis or
cannabis products may be subject to federal sanctions for what may otherwise be
considered authorized conduct in the State of New Mexico, and compliance with
the rule does not exempt licensees, their employees or customers from possible
federal prosecution. The division is not responsible or liable for the actions
of licensed cannabis establishments under the rule.
[16.8.1.9 NMAC - N, 08/24/2021]
16.8.1.10 LABOR PEACE AGREEMENT: Cannabis
establishment licensees, excluding cannabis producer microbusiness and
integrated cannabis microbusiness, are encouraged to maintain a labor peace
agreement with a bona- fide labor organization that is actively engaged in
representing or attempting to represent the applicant’s employees. For purposes
of this section, a labor peace agreement between a cannabis establishment and a
bona fide labor organization includes protecting the state’s interests by, at a
minimum, prohibiting the labor organization from engaging in picketing, work
stoppages, or boycotts against the cannabis establishment. An applicant,
whether for an initial license or renewal of a license, must submit an
attestation confirming whether or not the applicant
has entered into a labor peace agreement with a bona fide labor organization
that is actively engaged in representing or attempting to represent the
applicant’s employees.
[16.8.12.10
NMAC – Rp, 16.8.1.10 NMAC, 07/12/2022]
16.8.1.11 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.
[16.8.12.11
NMAC - N, 08/24/2021; Rn, 16.8.1.10, 07/12/2022]
History of 16.8.1
NMAC: [RESERVED]