Chapter 26 — Chapter 26

A. Unless a failure to do so would cause the employer to lose a monetary or licensing-related benefit under federal law or federal regulations, it is unlawful to take an adverse employment action against an applicant or an employee based on conduct allowed under the Lynn and Erin…

Chapter 26, Article 2C NMSA 1978 may be cited as the "Cannabis Regulation Act". History: Laws 2021 (1st S.S.), ch. 4, § 1; 2024, ch. 38, § 1.

with division. A New Mexico public post-secondary educational institution may offer a practical or academic curriculum designed to prepare students for participation in the cannabis industry. The institution shall register its cannabis training and education program with the divi…

required; applications; education program approval required; issuance or denial of a permit or approval; penalties. A. The division shall promulgate rules consistent with this section and industry standards for issuance of a cannabis server permit and licenses for a cannabis cons…

A. A local jurisdiction may: (1) adopt time, place and manner rules that do not conflict with the Cannabis Regulation Act or the Dee Johnson Clean Indoor Air Act [Chapter 24, Article 16 NMSA 1978], including rules that reasonably limit density of licenses and operating times cons…

A. Conduct by a licensee or a licensee representative that is allowed pursuant to a license and conduct by a person that allows property to be used by a licensee or a licensee representative for conduct allowed pursuant to a license is lawful, not a violation of state or local la…

products to minors; penalties. A. Except as allowed pursuant to the Cannabis Regulation Act, it is a violation of that act for a person, including a person licensed pursuant to the provisions of that act, or an employee, agent or lessee of that person, if the person knows or has …

A. A vertically integrated cannabis establishment, cannabis retailer or integrated cannabis microbusiness may courier cannabis products. B. A courier may accept payment for services using any legal method of payment or payment on delivery. History: Laws 2021 (1st S.S.), ch. 4, § …

Before sale or transport via cannabis courier of a cannabis product, the cannabis product shall be labeled and packaged as provided in Section 17 [26-2C-17 NMSA 1978] of the Cannabis Regulation Act. History: Laws 2021 (1st S.S.), ch. 4, § 16.

rulemaking. A. Cannabis or cannabis extract included in a cannabis product that is manufactured in compliance with applicable law is not considered to be an adulterant under state law. B. The division shall promulgate rules consistent with industry standards for cannabis products…

Cannabis is deemed to be misbranded if: A. its labeling is false or misleading in any particular; B. it is offered for sale under the name of another cannabis product; C. it is an imitation of another cannabis product, unless its label bears, in type of uniform size and prominenc…

employees and consumers. A. A cannabis testing laboratory's testing of cannabis products shall comply with the requirements set forth in applicable law and rules. B. In consultation with the department of environment and consistent with industry standards, the division shall prom…

A cannabis product is deemed to be adulterated if: A. it bears or contains mold, mildew or other deleterious or poisonous substance that may render it injurious to health; B. it consists in whole or in part of a diseased, contaminated, filthy, impure or infested ingredient or put…

A. A cannabis research laboratory's research of cannabis shall comply with the requirements set forth in applicable law and rules. B. The division shall develop rules and procedures consistent with industry standards to provide for recordkeeping to ensure that cannabis products a…

As used in the Cannabis Regulation Act: A. "cannabis": (1) means all parts of the plant genus 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 extra…

A. As used in this section, "advertising" does not mean: (1) a sign or outdoor display or other statement permanently affixed to a licensed premises that is intended to induce the sale of a cannabis product produced, manufactured or sold on the licensed premises; (2) a label affi…

A contract related to the operation of a license is enforceable, and a contract entered into by a licensee or a licensee representative for conduct allowed pursuant to a cannabis establishment license or entered into by a person who allows property to be used by a licensee or a l…

An attorney, accountant, insurance agent, real estate agent, security guard or other person engaged in a profession subject to state licensure shall not be subject to disciplinary action by a professional association, a state professional board or a state licensing entity because…

Nothing in the Cannabis Regulation Act shall be construed to limit a privilege or right of a qualified patient, a primary caregiver or a reciprocal participant participating in the medical cannabis program or the use, dispensing, possession, prescribing, storage or transport of a…

A. Conduct allowed pursuant to the Cannabis Regulation Act shall not in itself constitute grounds for a holder of a professional or occupational license to be subject to professional discipline for providing advice or services related to cannabis establishments or applications to…

A. The following conduct is lawful for a person who is twenty-one years of age or older and shall not constitute grounds for detention, search or arrest of a person or search of property, and cannabis products that relate to the conduct are not contraband or subject to seizure or…

A. Nothing in Section 25 [26-2C-25 NMSA 1978] of the Cannabis Regulation Act shall be construed to: (1) allow a person to smoke cannabis products in a public place, except in a cannabis consumption area; or (2) restrict the ability of a person to prohibit conduct otherwise allowe…

A. Unless otherwise provided in the Cannabis Regulation Act, it is unlawful for a person without a license to intentionally produce cannabis products except as provided in this section. B. A person twenty-one years of age or older who intentionally produces: (1) more than six and…

A. As used in this section, "trafficking cannabis products" means to: (1) produce, manufacture, distribute, courier or sell illegal cannabis products; or (2) possess with intent to manufacture, distribute, courier or sell illegal cannabis products. B. Trafficking cannabis product…

Unless otherwise allowed in the Cannabis Regulation Act or the Lynn and Erin Compassionate Use Act [Chapter 26, Article 2B NMSA 1978], a person shall not possess or intentionally distribute any amount of a cannabis product on the premises of a school or daycare center unless the …

committee created; membership; duties. A. The "cannabis control division" is created in the department to administer the Cannabis Regulation Act and the licensing provisions of the Lynn and Erin Compassionate Use Act [Chapter 26, Article 2B NMSA 1978] and rules promulgated in acc…

procedures. A. As used in this section: (1) "director" means a person who serves on the corporate board of directors of a corporation licensed by the division as a cannabis establishment; (2) "member and manager" includes those persons who are members in or managers of a limited …

Except as allowed in the Cannabis Regulation Act and the Lynn and Erin Compassionate Use Act [Chapter 26, Article 2B NMSA 1978]: A. a person under twenty-one years of age shall not possess cannabis products. A person who violates this subsection is guilty of a civil violation and…

It is unlawful for a person to manufacture cannabis extract without a license issued pursuant to the Cannabis Regulation Act unless the person produces and manufactures cannabis extract from homegrown cannabis using nonvolatile solvents, alcohol or carbon dioxide or no solvents. …

A person shall not be subject to arrest or prosecution, penalized in any manner or denied any right or privilege solely because the person produced, possessed, distributed, dispensed or purchased cannabis products if the person produced, possessed, distributed, dispensed or purch…

A. Within sixty days following the end of each fiscal year, every police and sheriff's department shall report on a form approved by the department of public safety the total number of arrests, citations and penalty assessments for cannabis-related violations broken down by: (1) …

A. Unless there is an agreement between the employer and employee, nothing in the Cannabis Regulation Act shall: (1) restrict an employer's ability to prohibit or take an adverse employment action against an employee for impairment by or possession or use of intoxicating substanc…

A person who is or may be affected by a rule promulgated by the division or other state agency pursuant to the Cannabis Regulation Act may appeal to the district court. History: Laws 2021 (1st S.S.), ch. 4, § 35.

Records of the division are public records subject to the Inspection of Public Records Act [Chapter 14, Article 3 NMSA 1978], except as provided in this section and other applicable provisions of law; provided that the presence of nonpublic information that identifies confidentia…

Except as provided in Section 38 [26-2C-38 NMSA 1978] of the Cannabis Regulation Act, all cannabis products shall be derived from a source originating within New Mexico. History: Laws 2021 (1st S.S.), ch. 4, § 37.

A. Notwithstanding the provisions of Section 37 [26-2C-37 NMSA 1978] of the Cannabis Regulation Act or any other provision of law, the governor shall enter into agreements with other jurisdictions within or outside of the United States for the purposes of cross-jurisdictional del…

A. The "cannabis regulation fund" is created in the state treasury. The fund consists of appropriations, gifts, grants, donations and fees collected by the division pursuant to the Cannabis Regulation Act and the medical cannabis program administered by the division. Any unexpend…

advisory committee. A. The department of health shall monitor emerging scientific and medical information relevant to the health effects associated with the use of cannabis products and shall monitor changes in cannabis product use, opioid use and alcohol use patterns for childre…

No later than September 1, 2021, and each September 1 thereafter, the division shall by rule limit, by plant count, canopy or square footage, the number of cannabis plants that a licensee that is not an integrated cannabis microbusiness or a cannabis producer microbusiness may pr…

agreements. A. The department may enter into one or more intergovernmental agreements with any tribal government to efficiently coordinate the cross-jurisdictional administration of the laws of this state and the laws of tribal governments relating to the use of cannabis products…

All state agencies shall cooperate with the division in carrying out the provisions of the Cannabis Regulation Act. History: Laws 2021 (1st S.S.), ch. 4, § 42.

restricting movement of goods; embargo and recall, seizure and condemnation; procedures; penalties. A. The division and the enforcement bureau shall enforce the provisions of the Cannabis Regulation Act and may carry out announced and unannounced inspections. B. The division may:…

Except for administration of the medical cannabis registry, the power, duty and authority of the department of health related to the medical cannabis program shall be transferred to the division on the effective date of the Cannabis Regulation Act. History: Laws 2021 (1st S.S.), …

cannabis legacy licensing; cannabis shortage for medical program; conversion of nonprofit medical cannabis corporations. A. The division shall regulate the following in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978], unless otherwise provided in the C…

denial of a license; suspension and revocation. A. In carrying out its commercial cannabis activity licensing duties, the division shall: (1) no later than September 1, 2021, accept and begin processing license applications for cannabis producers, cannabis producer microbusinesse…

A. A violation of the provisions of the Cannabis Regulation Act by a licensee is grounds for disciplinary action. B. The division may: (1) impose an intermediate sanction established by rule; (2) impose a directed plan of correction; (3) assess a civil monetary penalty establishe…

A. Every application for the issuance or renewal of the following licenses shall be accompanied by a license fee in the following specified amounts: (1) a cannabis courier license, up to one thousand five hundred dollars ($1,500) per year and an additional fee of up to one thousa…

Sections 1 through 11 [26-2D-1 to 26-2D-11 NMSA 1978] of this act may be cited as the "Medical Psilocybin Act". History: Laws 2025, ch. 73, § 1.

A person who is serving a period of probation or parole or who is in the custody or under the supervision of the state or a local government pending trial as part of a community supervision program shall not be penalized for participation in the program. History: Laws 2025, ch. 7…

A. The "medical psilocybin treatment equity fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations. The fund shall be used to fund treatments of qualified patients who meet income requirements determined by …