New MexicoHB 102025 Regular SessionHouseWALLET

RLD CANNABIS ENFORCEMENT

Sponsored By: Doreen Y. Gallegos (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 1 costs, 1 mixed.

New officers oversee New Mexico cannabis

Beginning July 1, 2025, New Mexico's Regulation and Licensing Department has a cannabis enforcement bureau in its superintendent's office. The superintendent appoints its chief, and the department must employ enforcement agents. The chief and agents have peace-officer powers and must meet state certification qualifications. Cannabis officials can inspect businesses with or without notice and investigate tips or suspected violations. They can collect laboratory samples when they suspect adulteration, dangerous or fraudulent labeling, or possession that violates state law. The Cannabis Control Division must refer possible crimes to the bureau and assist its investigations. The bureau reports findings to the superintendent and division director. Agriculture, environment, and other relevant state agencies must help when the department requests assistance.

Cannabis violations bring fines and felonies

Beginning July 1, 2025, cannabis licensees face administrative penalties up to $10,000 per violation after a hearing. Officials can also suspend or revoke licenses or impose other discipline allowed by licensing law or division rules. Anyone who intentionally, knowingly, or recklessly removes, hides, destroys, or disposes of cannabis under a movement restriction or embargo commits a fourth-degree felony. Selling, delivering, or transferring recalled cannabis with the same level of intent or recklessness is also a fourth-degree felony. Sentencing follows the state's separate felony sentencing law.

Cannabis recalls bring safeguards and business costs

Beginning July 1, 2025, cannabis officials can block product movement, seize products, and order recalls to enforce product safety rules. Movement limits cover suspected adulteration or dangerous or fraudulent labeling and last only as long as the investigation needs. For labeling errors that are neither dangerous nor fraudulent, holds last only until ordered relabeling and repackaging are complete. The bureau can seize or embargo suspected illegal, adulterated, or dangerously or fraudulently mislabeled products. An embargo requires secure storage with continuous video monitoring and access limited to the licensee and cannabis enforcement officials. Tags prohibit sale, removal, or disposal; the department does not have to store or care for held products. Officials can recall products held for adulteration or dangerous or fraudulent labeling. The bureau can also seek court orders and control production, manufacturing, or storage sites under a warrant. Licensees receive written reasons for an embargo or seizure and have 10 calendar days after an embargo, seizure, or recall to request a hearing. Final agency decisions can be appealed in court. After finding held products illegal, adulterated, or dangerously or fraudulently mislabeled, the division must seek court approval to condemn them. Court-condemned products are destroyed at the licensee's expense; products must be released or returned if condemnation is denied.

Sponsors & Cosponsors

Sponsor

  • Doreen Y. Gallegos

    Democratic • House

Cosponsors

  • Art De La Cruz

    Democratic • House

  • Cristina Parajón

    Democratic • House

  • D. Wonda Johnson

    Democratic • House

  • Gail Armstrong

    Republican • House

  • Javier Martínez

    Democratic • House

  • Joseph Sanchez

    Democratic • House

  • Joshua N. Hernandez

    Republican • House

  • Linda M. Trujillo

    Democratic • Senate

  • Marian Matthews

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 93 • No: 2

Senate vote • 3/18/2025

Final Senate Vote

Yes: 25 • No: 1

House vote • 2/20/2025

Final House Vote

Yes: 68 • No: 1

Actions Timeline

  1. Signed by Governor - Chapter 85 - Apr. 8

    4/8/2025Senate
  2. Passed in the Senate - Y:25 N:1

    3/18/2025Senate
  3. SFC: Reported by committee with Do Pass recommendation

    3/16/2025Senate
  4. SJC: Reported by committee with Do Pass recommendation

    3/13/2025Senate
  5. Sent to SJC - Referrals: SJC/SFC

    2/21/2025Senate
  6. Passed in the House of Representatives - Y:68 N:1

    2/20/2025House
  7. HJC: Reported by committee with Do Pass recommendation

    2/11/2025House
  8. HCEDC: Reported by committee with Do Not Pass but with a Do Pass recommendation on Committee Substitution

    2/4/2025House
  9. Sent to HCEDC - Referrals: HCEDC/HJC

    1/22/2025Senate

Bill Text

  • Final Version

    4/9/2025

  • SFC Committee Report   3/16/25

    3/16/2025

  • SJC Committee Report   3/13/25

    3/13/2025

  • HJC Committee Report   2/11/25

    2/11/2025

  • HCEDC Committee Report   2/04/25

    2/4/2025

  • HCEDC Committee Substitute   2/04/25

    2/4/2025

  • Introduced

    1/22/2025

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