2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-2 - Definitions.

As used in the Cannabis Regulation Act:
A. "advertisement":
(1) means a statement or a depiction that is intended to induce the purchase of cannabis products and that is displayed in printed material or on a sign or other outdoor display or presented in a radio, television or other media broadcast or in digital media; and
(2) does not include:
(a) 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 or sold on the premises;
(b) a label affixed to a cannabis product or the covering, wrapper or container of a cannabis product; or
(c) an editorial or other material printed in a publication when the publication of the editorial or material was not paid for by a licensee and was not intended to promote the sale of cannabis products by a particular brand or company;
B. "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 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
(2) does not include:
(a) 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; or
(b) the weight of any other ingredient combined with cannabis products to prepare topical or oral administrations, food, drink or another product;
C. "cannabis consumption area" means an area where cannabis products may be served and consumed;
D. "cannabis courier" means a person that transports cannabis products to qualified patients, primary caregivers or reciprocal participants or directly to consumers;
E. "cannabis establishment" means:
(1) a cannabis testing laboratory;
(2) a cannabis manufacturer;
(3) a cannabis producer;
(4) a cannabis retailer;
(5) a cannabis research laboratory;
(6) a vertically integrated cannabis establishment;
(7) a cannabis producer microbusiness; or
(8) an integrated cannabis microbusiness;
F. "cannabis extract":
(1) means a product obtained by separating resins, tetrahydrocannabinols or other substances from cannabis by extraction methods approved by the division; and
(2) does not include the weight of any other ingredient combined with cannabis extract to prepare topical or oral administrations, food, drink or another product;
G. "cannabis flowers" means only the flowers of a cannabis plant;
H. "cannabis manufacturer" means a person that:
(1) manufactures cannabis products;
(2) packages cannabis products;
(3) has cannabis products tested by a cannabis testing laboratory; or
(4) purchases, acquires, sells or transports wholesale cannabis products to other cannabis establishments;
I. "cannabis producer" means a person that:
(1) cultivates cannabis plants;
(2) has unprocessed cannabis products tested by a cannabis testing laboratory;
(3) transports unprocessed cannabis products only to other cannabis establishments; or
(4) sells cannabis products wholesale;
J. "cannabis producer microbusiness" means a cannabis producer at a single licensed premises that possesses no more than two hundred total mature cannabis plants at any one time;
K. "cannabis product" means a product that is or that contains cannabis or cannabis extract, including edible or topical products that may also contain other ingredients;
L. "cannabis research laboratory" means a facility that produces or possesses cannabis products and all parts of the plant genus Cannabis for the purpose of studying cannabis cultivation, characteristics or uses;
M. "cannabis retailer" means a person that sells cannabis products to qualified patients, primary caregivers or reciprocal participants or directly to consumers;
N. "cannabis server permit" means an authorization that allows a person to directly offer, sell or serve cannabis or cannabis products as part of commercial cannabis activity in a cannabis consumption area;
O. "cannabis server permit education provider" means a person that provides cannabis server education courses and examinations;
P. "cannabis testing laboratory" means a person that samples, collects and tests cannabis products and transports cannabis products for the purpose of testing;
Q. "cannabis training and education program" means a practical or academic curriculum offered by a New Mexico public post-secondary educational institution designed to prepare students for participation in the cannabis industry;
R. "commercial cannabis activity":
(1) means the cultivation, production, possession, manufacture, storage, testing, researching, labeling, transportation, couriering, purchase for resale, sale or consignment of cannabis products; and
(2) does not include activities related only to the medical cannabis program, to cannabis training and education programs or to the personal cultivation or use of cannabis;
S. "consumer" means a person twenty-one years of age or older who purchases, acquires, owns, possesses or uses a cannabis product for a purpose other than resale;
T. "contaminant" means pesticides and other foreign material, such as hair, insects or other similar adulterants, in harvested cannabis;
U. "controlling person":
(1) means a person that controls a financial or voting interest of ten percent or more of, or an officer or board member of, a cannabis establishment; and
(2) does not include a bank or licensed lending institution;
V. "cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of cannabis;
W. "department" means the regulation and licensing department;
X. "director" means the director of the division;
Y. "division" means the cannabis control division of the department;
Z. "dry weight basis", when used in the context of regulation of commercial cannabis activity, means a process by which delta-9-tetrahydrocannabinol concentration is measured relative to the aggregate weight of all parts of the plant genus Cannabis, whether growing or not, including the leaves of the plant, the flowers and buds of the plant, the seeds of the plant, the resin of the plant and the stalks of the plant at the point of harvest by a licensee and with no moisture added to the harvested plant;
AA. "facility" means a building, space or grounds licensed for the production, possession, testing, manufacturing or distribution of cannabis, cannabis extracts or cannabis products;
BB. "financial consideration" means value that is given or received, directly or indirectly, through sales, barter, trade, fees, charges, dues, contributions or donations;
CC. "homegrown" or "homemade" means grown or made for purposes that are not dependent or conditioned upon the provision or receipt of financial consideration;
DD. "household" means a housing unit and includes any place in or around the housing unit at which an occupant of the housing unit produces, manufactures, keeps or stores homegrown cannabis or homemade cannabis products;
EE. "immature cannabis plant" means a cannabis plant that has no observable flowers or buds;
FF. "industry standards" means the prevailing customary standards of business practice in the cannabis industry in jurisdictions within the United States;
GG. "integrated cannabis microbusiness" means a person that is authorized to conduct one or more of the following:
(1) production of cannabis at a single licensed premises; provided that the person shall not possess more than two hundred total mature cannabis plants at any one time;
(2) manufacture of cannabis products at a single licensed premises;
(3) sales and transportation of only cannabis products produced or manufactured by that person;
(4) operation of only one retail establishment; and
(5) couriering of cannabis products to qualified patients, primary caregivers or reciprocal participants or directly to consumers;
HH. "licensed premises" means a location that includes:
(1) all enclosed public and private areas at the location that are used in the business and includes offices, kitchens, restrooms and storerooms;
(2) all areas outside of a building that are specifically included in the license for the production, manufacturing, wholesale sale or retail sale of cannabis products; and
(3) with respect to a location that is specifically licensed for the production of cannabis outside of a building, the entire unit of land that is created by subsection or partition of land that the licensee owns, leases or has a right to occupy;
II. "local jurisdiction" means a municipality, home rule municipality or county;
JJ. "manufacture" means to compound, blend, extract, infuse, package or otherwise prepare a cannabis product;
KK. "medical cannabis" means cannabis products used by a qualified patient or reciprocal participant in accordance with the Lynn and Erin Compassionate Use Act [Chapter 26, Article 2B NMSA 1978];
LL. "medical cannabis program" means the program created pursuant to the Lynn and Erin Compassionate Use Act;
MM. "medical cannabis registry" means the system by which the department of health approves or denies applications and issues and renews registry identification cards for qualified patients;
NN. "primary caregiver" means a resident of New Mexico who is at least eighteen years of age and who is responsible for managing the well-being of a qualified patient with respect to the medical use of cannabis pursuant to the Lynn and Erin Compassionate Use Act;
OO. "public place" means a place to which the general public has access and includes hallways, lobbies and other parts of apartment houses and hotels that do not constitute rooms or apartments designed for actual residence; highways; streets; schools; places of amusement; parks; playgrounds; and places used in connection with public passenger transportation;
PP. "qualified patient" means a resident of New Mexico who holds a registry identification card pursuant to the Lynn and Erin Compassionate Use Act;
QQ. "reciprocal participant" means a person who is not a resident of New Mexico and who holds proof of enrollment by a governmental regulatory authority to participate in the medical cannabis program of another state of the United States, the District of Columbia or a territory or commonwealth of the United States in which the person resides or a person who holds proof of enrollment by a governmental regulatory authority of a New Mexico Indian nation, tribe or pueblo to participate in its medical cannabis program;
RR. "retail establishment" means a location at which cannabis products are sold to qualified patients, primary caregivers and reciprocal participants and directly to consumers;
SS. "superintendent" means the superintendent of regulation and licensing;
TT. "unprocessed" means unaltered from an original, raw or natural state; and
UU. "vertically integrated cannabis establishment" means a person that is authorized to act as any of the following:
(1) a cannabis courier;
(2) a cannabis manufacturer;
(3) a cannabis producer; and
(4) a cannabis retailer.
History:
Laws 2021 (1st S.S.), ch. 4, § 2.
ANNOTATIONS
Effective dates.
— Laws 2021 (1st S.S.), ch. 4 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 29, 2021, 90 days after adjournment of the legislature.