New Mexico Administrative Code

July 12, 2022, unless an earlier date is cited at the end of a section.

The objective of Part 10 is to set forth the provisions that apply to cannabis server permit education and server permits.

Unless otherwise defined below, terms used in Title 16, Chapter 8, Part 1, have the same meanings as set for in 16.8.1 NMAC, the Cannabis Regulation Act, and the Lynn and Erin Compassionate Use Act.

A. Cannabis server permit required. A licensee approved to operate a cannabis consumption area and all servers must satisfactorily complete a program every three years to obtain a server permit. No person shall be employed as a server on a licensed cannabis consumption area unles…

A. Certification required: Any person seeking certification as a provider, instructor or program must submit an application to the division for approval in accordance with this section. An on-line program and a classroom program cannot be combined into one application. B. Applica…

New Mexico Regulation and Licensing Department, Cannabis Control Division.

The division shall collect fees for the administration of licensing activities in the following specified amounts: A. License amendments as set forth in 16.8.2 NMAC $75 per amendment. B. Designation of a non-controlling person as an agent $75 per designation.

A. Commercial cannabis plants: Except for cannabis producer microbusinesses and integrated cannabis microbusinesses, a licensee cultivating commercial cannabis plants shall be assessed an additional annual fee per mature cannabis plant at the time of licensing, incremental increa…

Application, license, premises and plant fees, or license renewal, premises renewal and annual plant fees shall not exceed $125,000 for a vertically integrated cannabis establishment license for both medical cannabis activity and commercial cannabis activity. License fees or rene…

Cannabis producer microbusiness or integrated cannabis microbusinesses entering into a business arrangement with another licensee with the purpose or having the effect of evading the limitations of the licensee's license shall not be eligible for the lower fee prescribed in Subse…

The division shall accept payment for annual licensing fees and annual per plant fees from sources including credit cards, debit cards, electronic checks, electronic bank transfers, automated clearing house payments, or cashier's checks. Other forms of payment, including cash, sh…

The division shall collect all renewal fees, including annual per plant fees, at the time of renewal of a license.

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.

This rule applies to all applicants and licensees applying for licensure and renewal of licensure under all license types as set forth in the Cannabis Regulation Act and the Lynn and Erin Compassionate Use Act.

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.

Permanent.

August 24, 2021, unless a later date is cited at the end of a section.

The objective of Part 11 is to establish a uniform schedule of fees applicable to licenses issued under the Cannabis Regulation Act.

Unless otherwise defined below, terms used in Title 16, Chapter 8, Part 1, have the same meanings as set forth in 16.8.1 NMAC, the Cannabis Regulation Act, and the Lynn and Erin Compassionate Use Act.

[RESERVED]

Every application for the issuance or renewal of the following licenses shall be accompanied by an annual licensing fee in the following specified amounts: A. Cannabis courier license: $250 annually Each additional licensed premises of the licensee: $100 annually B. Cannabis test…

New Mexico Regulation and Licensing Department, Cannabis Control Division.

A. The division will maintain a written log of all complaints received, which records at a minimum, the date the complaint was received, and name, addresses of the complainant(s) and respondent(s). B. Upon receipt of a complaint, the division will:(1) log in the date the complain…

A. The division may:(1) assess a civil monetary penalty that shall not exceed ten thousand dollars ($10,000) per violation; or (2) suspend or revoke the license. B. If the division determines that it lacks jurisdiction or that there is not sufficient evidence or cause to issue a …

A. All disciplinary proceedings will be conducted in accordance with the Uniform Licensing Act, Section 61-1-1 et seq., NMSA 1978. B. Licensees who have been found culpable and sanctioned by the division shall be responsible for the payments of all costs of the disciplinary proce…

A. Subject to subsection B of this section, the division shall impose penalties as follows: (1) For the first offense within a 12-month period, a civil monetary penalty ranging from one thousand dollars ($1,000) to two thousand dollars ($2,000) or possible suspension or revocatio…

A. Whenever probable cause exists that a licensee has violated a provision of the Cannabis Regulation Act, division rules, or any applicable state or federal law, and a monetary penalty or other disciplinary action may be issued to the licensee for such violation, an informal con…

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.

This rule applies to all licensees and applicants for licensure pursuant to the Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, and division rules.

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.

Permanent.

July 12, 2022, unless an earlier date is cited at the end of a section.

The objective of Part 12 is to promote, preserve, and protect the public health and safety by regulating the safe production, testing, wholesale, and consumption of commercial and medical cannabis, as well as the authority to take action against a licensee or applicant for licens…

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. A complaint may be initiated in writing by any person. B. Complaints must be legible, either printed in black ink or typed. C. Complaints must contain factual allegations, constituting the alleged violations of any provisions of the Cannabis Regulation Act or division rules.

A complaint may be initiated by any person in writing and delivered via the division website, mail, or by visiting the division office. Only complaints written on the official complaint form will be formally addressed by the division. The forms required for an official complaint …

New Mexico Regulation and Licensing Department, Cannabis Control Division.

All phases where cannabis or cannabis products are cultivated, stored or held, weighed, packaged, manufactured, disposed or wasted, all point-of-sale areas, and any room or area storing a digital video surveillance system storage device shall take place in a designated limited-ac…

A. Written procedures: Licensees shall establish and implement written procedures for recalling cannabis and cannabis products that have been sold or otherwise distributed to the public or other cannabis establishments. Recall procedures shall be made available for the division's…

A. Licensees shall adopt, maintain, and enforce chain of custody procedures and documentation requirements to ensure appropriate tracking and tracing of cannabis and cannabis products. Licensees shall use a paper-based or electronic chain of custody form that documents the posses…

A. General requirements: The following requirements apply when disposing of wasted cannabis or cannabis plants or transporting cannabis or cannabis products between licensees or licensed premises:(1) transportation of cannabis or cannabis products shall only be conducted by perso…

A. License period: The licensure period of a license shall be from the date of approval of the license application for a period of 12 months. B. Automatic expiration of license: Unless otherwise renewed, suspended, or revoked, a license shall expire at 11:59 p.m. on the day indic…

Licensees that waste cannabis or cannabis products shall do so by rendering the cannabis or cannabis products unusable and unrecognizable prior to removal from licensed premises. The wastage of cannabis or cannabis products shall be documented, tracked by batch, and recorded in a…

A. Quality assurance testing by the division: The division or its representative may conduct quality assurance sampling and testing of cannabis or cannabis products, and may require a licensee to provide samples of cannabis or cannabis products for this purpose. The division may …

Licensees shall ensure all licensed premises are compliant with Article 52 of the New Mexico Statutes Annotated and any associated rules, including rules governing: posting of address, exit signs, emergency lighting, egress paths, evaluation plan, electrical wiring and lighting, …

If applicable, licensees shall ensure that all licensed premises are in compliance with the Construction Industries Licensing Act, Section 60-13-1 et seq., NMSA 1978 and the LPG and CNG Act, Section 70-5-1 et seq., NMSA 1978, including associated rules, as well as applicable code…

Licensees shall comply with the Occupational Health and Safety Act, Section 50-9-1 et seq., NMSA 1978 and any associated rules.