reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-1 - Short title.

Sections 1 through 42 [26-2C-1 to 26-2C-42 NMSA 1978] of this act may be cited as the "Cannabis Regulation Act".
History:
Laws 2021 (1st S.S.), ch. 4, § 1.
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.
Temporary provisions.
—
Laws 2021 (1st S.S.), ch. 4, § 70 provided:
A. On June 29, 2021, all functions, personnel, money, appropriations, records, furniture, equipment and other property of the department of health's medical cannabis program that are not part of the department's medical cannabis registry powers and duties shall be transferred to the regulation and licensing department.
B. On June 29, 2021, all contractual obligations and other agreements of the department of health as they pertain to the department's medical cannabis program that are not part of the department's medical cannabis registry powers and duties are binding on the regulation and licensing department.
C. Statutory references to the department of health that pertain to the department's medical cannabis program that are not part of the department's medical cannabis registry powers and duties shall be deemed to be references to the cannabis control division of the regulation and licensing department.
D. On June 29, 2021, any unexpended or unencumbered balance in the medical cannabis fund is transferred to the cannabis regulation fund.
E. Except to the extent any administrative rules are inconsistent with the provisions of this act, any administrative rules adopted by an officer, agency or other entity whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in force until amended by the officer, agency or other entity to which the responsibility for the adoption of the rules has been transferred. To the extent any administrative rules are inconsistent with the provisions of this act, such rules are null and void.
Laws 2021 (1st S.S.), ch. 4, § 71 provided that:
A. The legislative finance committee shall study the fiscal and economic impacts of the Cannabis Regulation Act for fiscal years 2023 through 2027 and provide a report to the revenue stabilization and tax policy committee on or before December 1, 2027.
B. The report shall include:
(1) the impacts on budgets and staffing of the regulation and licensing department and the department of health;
(2) the impacts on general fund revenue and expenses;
(3) the impacts on potential funds created by the Cannabis Regulation Act;
(4) the impacts on the medical cannabis program;
(5) the impacts on local and state law enforcement; and
(6) the economic impact on the state, including:
(a) job creation;
(b) tourism; and
(c) other economic impacts.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-5 - Department of health; duties; transfer of licensing duties.

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.), ch. 4, § 5.
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.
Temporary provisions.
— Laws 2021 (1st S.S.), ch. 4, § 70 provided:
A. On June 29, 2021, all functions, personnel, money, appropriations, records, furniture, equipment and other property of the department of health's medical cannabis program that are not part of the department's medical cannabis registry powers and duties shall be transferred to the regulation and licensing department.
B. On June 29, 2021, all contractual obligations and other agreements of the department of health as they pertain to the department's medical cannabis program that are not part of the department's medical cannabis registry powers and duties are binding on the regulation and licensing department.
C. Statutory references to the department of health that pertain to the department's medical cannabis program that are not part of the department's medical cannabis registry powers and duties shall be deemed to be references to the cannabis control division of the regulation and licensing department.
D. On June 29, 2021, any unexpended or unencumbered balance in the medical cannabis fund is transferred to the cannabis regulation fund.
E. Except to the extent any administrative rules are inconsistent with the provisions of this act, any administrative rules adopted by an officer, agency or other entity whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in force until amended by the officer, agency or other entity to which the responsibility for the adoption of the rules has been transferred. To the extent any administrative rules are inconsistent with the provisions of this act, such rules are null and void.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-8 - Licensees; disciplinary actions; sanctions; civil penalty.

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 established by rule; provided that a civil monetary penalty shall not exceed ten thousand dollars ($10,000) per violation; and provided further that penalties and interest recovered pursuant to the Cannabis Regulation Act on behalf of the state shall be remitted to the state treasurer for deposit in the current school fund; or
(4) suspend or revoke the license.
C. The division shall promulgate rules specifying the criteria for imposition of sanctions and civil monetary penalties.
D. The provisions of this section do not apply to occupational health and safety rules promulgated pursuant to Section 3 [26-2C-3 NMSA 1978] of the Cannabis Regulation Act.
E. A person aggrieved by an action taken by the division pursuant to this section may request and receive a hearing with the superintendent for the purpose of reviewing the action in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978].
History:
Laws 2021 (1st S.S.), ch. 4, § 8.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-10 - Cannabis training and education program licensing; sanctions.

A. The division shall begin licensing cannabis training and education programs no later than January 1, 2022.
B. The division may suspend a license for repeated violations of the same serious and substantial rule promulgated pursuant to the Cannabis Regulation Act pertaining to public health and safety.
History:
Laws 2021 (1st S.S.), ch. 4, § 10.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-12 - Local control.

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 consistent with neighborhood uses; and
(2) allow for the smoking, vaporizing and ingesting of cannabis products within an indoor or outdoor cannabis consumption area if:
(a) unless licensed pursuant to the Lynn and Erin Compassionate Use Act [Chapter 26, Article 2B NMSA 1978], access to the cannabis consumption area is restricted to persons twenty-one years of age and older; and
(b) the cannabis establishment or integrated cannabis microbusiness is located at a minimum distance from a school or daycare center as determined by the local jurisdiction, but which minimum distance shall not be set at any more than three hundred feet from a school or daycare center that was in existence at the time the establishment or microbusiness was licensed.
B. A local jurisdiction shall not:
(1) prevent transportation of cannabis products on public roads by a licensee that transports cannabis products in compliance with the Cannabis Regulation Act;
(2) completely prohibit the operation of a licensee;
(3) prohibit or limit signage attached to or located on licensed premises that identifies the premises as a cannabis establishment;
(4) require a licensed premises or a cannabis consumption area to be any more than three hundred feet from a school or daycare center that was in existence at the time the cannabis establishment or integrated cannabis microbusiness was licensed;
(5) require an existing licensee at a licensed premises to relocate; or
(6) prohibit a person from producing homegrown cannabis as provided for in the Cannabis Regulation Act.
History:
Laws 2021 (1st S.S.), ch. 4, § 12.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-13 - Licensee protections.

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 law and is not a basis for seizure or forfeiture of any property or assets under state or local law.
B. The state or a local jurisdiction shall not impose a criminal, civil or administrative penalty on a licensee, a licensee representative or a person that allows property to be used by a licensee or a licensee representative pursuant to a license, solely for conduct allowed pursuant to a license.
History:
Laws 2021 (1st S.S.), ch. 4, § 13.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-15 - Transport via courier.

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, § 15.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-16 - Packaging and labeling.

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.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-17 - Cannabis products; packaging and labeling; division 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 that establish labeling and packaging requirements, including that:
(1) packages shall be resealable, child-resistant, compostable and recyclable or made from recycled materials;
(2) packages and labels shall not be designed to be appealing to a child; and
(3) labels shall include:
(a) for a package containing only cannabis leaf or flower, the net weight of cannabis in the package;
(b) identification of the licensee or licensees that produced or manufactured the cannabis product, the date on which the cannabis was harvested, the type of cannabis product and the date on which the cannabis product was manufactured and packaged;
(c) potency and pesticide use;
(d) a list of pharmacologically active ingredients;
(e) for cannabis products containing non-cannabis ingredients, a list of all ingredients and a disclosure of nutritional information for the product or cannabis extract disclosed in the same manner required under federal law for nutritional labeling for food for human consumption;
(f) a warning if nuts or other known allergens are used in the item or in its manufacture;
(g) a logo designed by the division that is distinctive in design, color, size and location such that the logo notifies a reasonable person that the package contains cannabis;
(h) a warning of possible adverse effects of consumption and the New Mexico poison and drug information center phone number;
(i) an expiration date; and
(j) other information as required by rules promulgated pursuant to the Cannabis Regulation Act.
History:
Laws 2021 (1st S.S.), ch. 4, § 17.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-18 - Testing cannabis products; health and safety of employees.

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 promulgate rules to:
(1) ensure that testing of cannabis products occurs prior to distribution to cannabis retailers or sales by integrated cannabis microbusinesses;
(2) specify how often licensees shall test cannabis products;
(3) specify which persons bear the cost of testing cannabis products and medical cannabis;
(4) provide for recordkeeping;
(5) establish chain of custody protocols for testing sample transportation;
(6) ensure that testing samples are transported and stored in a manner that prevents degradation, contamination, tampering or diversion;
(7) specify protocols for testing sample collection that ensure accurate test results, including requiring that testing samples be collected by laboratory staff trained in testing sample collection; and
(8) require destruction of a tested batch of cannabis products if the testing samples from the tested batch indicate noncompliance with applicable health and safety standards promulgated by the division, unless remedial measures can bring the cannabis products into compliance with the standards or the cannabis products can be used for research purposes.
C. Beginning no later than April 1, 2022, the division shall identify, in consultation with the department of environment, a set of updated certified reference materials for laboratory testing to be measured against.
D. The division shall work cooperatively with the department of environment to implement inspection of cannabis establishments to ensure the health and safety of employees in accordance with the Occupational Health and Safety Act [50-9-1 to 50-9-25 NMSA 1978] and to determine compliance with rules promulgated by the environmental improvement board.
History:
Laws 2021 (1st S.S.), ch. 4, § 18.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-19 - Researching cannabis; recordkeeping.

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 are not removed from the cannabis research laboratory premises.
History:
Laws 2021 (1st S.S.), ch. 4, § 19.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-20 - Advertising and marketing restrictions.

The division shall promulgate rules consistent with industry standards that:
A. prohibit the advertisement and marketing of cannabis products:
(1) on radio, television or other broadcast media, internet pop-ups and mass transit vehicles; provided that the division shall not prohibit advertising and marketing to:
(a) subscribers of subscription-based radio, television or other broadcast media who are twenty-one years of age or older; or
(b) persons twenty-one years of age or older who have solicited the advertising or marketing;
(2) that are false, deceptive or misleading, including making unproven health benefit claims;
(3) that are on billboards, posters, handbills or other visual media that are located or can be viewed within three hundred feet of a school, daycare center or church;
(4) that depict consumption by children or other persons who appear to be younger than twenty-one years of age;
(5) that use predatory marketing and advertising practices targeting minors; or
(6) that are designed using cartoon characters or to mimic any other product brand; and
B. require:
(1) all advertisements and marketing to accurately and legibly identify all persons responsible for its content; and
(2) advertisements in print and digital communications to be placed only where the audience is reasonably expected to be twenty-one years of age or older as determined by reliable, current audience composition data.
History:
Laws 2021 (1st S.S.), ch. 4, § 20.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-21 - Contracts.

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 licensee representative for conduct allowed pursuant to a license shall not be deemed unenforceable on the basis that the conduct allowed pursuant to the license is prohibited by federal law.
History:
Laws 2021 (1st S.S.), ch. 4, § 21.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-22 - Provision of professional services.

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 the professional provides professional services or assistance to prospective or licensed cannabis establishments or another person in connection with activity that the professional reasonably believes complies with the Cannabis Regulation Act and rules promulgated pursuant to that act.
History:
Laws 2021 (1st S.S.), ch. 4, § 22.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-23 - Medical cannabis provisions unaffected.

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 prescription drug containing cannabis that is approved pursuant to the Federal Food, Drug, and Cosmetic Act.
History:
Laws 2021 (1st S.S.), ch. 4, § 23.
ANNOTATIONS
Cross references.
— For the Federal Food, Drug and Cosmetic Act,
see
21 U.S.C.S.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-24 - Protections for the use of cannabis.

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 operate cannabis establishments on the basis that cannabis is illegal under federal law.
B. An applicant for a professional or occupational license shall not be denied a license based solely on previous employment related to cannabis establishments.
C. A person shall not be denied parental rights or custody of or visitation with a minor child by the state or local government based solely on conduct that is lawful pursuant to the Cannabis Regulation Act. Nothing in this subsection prevents law enforcement, the children, youth and families department or the courts from acting in the best interests of the minor child.
D. A person currently under parole, probation or other state supervision or released awaiting trial or other hearing shall not be punished or otherwise penalized based solely on conduct that is lawful pursuant to the Cannabis Regulation Act unless prohibition on the use or possession of cannabis has been a specific condition of parole, probation or other state supervision or release awaiting trial or other hearing.
E. A person shall not be denied eligibility in public assistance programs or denied health care based solely on conduct that is lawful pursuant to the Cannabis Regulation Act unless required by federal law.
History:
Laws 2021 (1st S.S.), ch. 4, § 24.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-26 - Limits on personal use; penalties.

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 allowed in the Cannabis Regulation Act on the person's privately owned property.
B. A person who violates Paragraph (1) of Subsection A of this section shall be subject to a civil penalty of fifty dollars ($50.00).
C. As used in this section, "smoke" means to inhale, exhale, burn or carry any lighted or heated device or pipe or any other lighted or heated cannabis products intended for inhalation, whether natural or synthetic, in any manner or in any form.
D. A person less than eighteen years of age, the family of a person less than eighteen years of age or a person legally obligated to care for and support a person less than eighteen years of age who is subject to the fines pursuant to Subsection B of this section shall not be required to pay any fees or fines pursuant to the Cannabis Regulation Act.
History:
Laws 2021 (1st S.S.), ch. 4, § 26.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-27 - Personal production of cannabis; penalties.

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 up to twelve mature or immature cannabis plants shall be issued a penalty assessment pursuant to Section 31-19A-1 NMSA 1978 and is subject to a fine of fifty dollars ($50.00); and
(2) more than twelve mature or immature cannabis plants is guilty of a fourth degree felony and may be sentenced as provided in Section 31-18-15 NMSA 1978.
C. A person who is eighteen years of age or older but less than twenty-one years of age who intentionally produces:
(1) up to six mature or immature cannabis plants shall be issued a penalty assessment pursuant to Section 31-19A-1 NMSA 1978 and is subject to a fine of fifty dollars ($50.00);
(2) more than six mature or immature cannabis plants and up to twelve mature or immature cannabis plants is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978; and
(3) more than twelve mature or immature cannabis plants is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
D. A person who is less than eighteen years of age who intentionally produces cannabis products is guilty of a civil violation and shall be subject to:
(1) attendance at a four-hour evidence-based drug education and legal rights program at no cost to the minor; or
(2) four hours of community service.
History:
Laws 2021 (1st S.S.), ch. 4, § 27.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-28 - Unlicensed sales of cannabis; penalties.

A. As used in this section, "traffic" means the:
(1) distribution, sale, barter or giving away of cannabis products; or
(2) possession with intent to distribute, sell, barter or give away cannabis products.
B. Unless otherwise provided in the Cannabis Regulation Act or the Lynn and Erin Compassionate Use Act [Chapter 26, Article 2B NMSA 1978], it is unlawful for a person without a license to intentionally traffic cannabis products.
C. A person under eighteen years of age who violates Subsection B of this section shall be subject to:
(1) attendance at a four-hour evidence-based drug education and legal rights program at no cost to the person; or
(2) four hours of community service.
D. Except as otherwise provided in Section 14 [26-2C-14 NMSA 1978] of the Cannabis Regulation Act, a person eighteen years of age or older who violates Subsection B of this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
E. A person eighteen years of age or older who violates Subsection B of this section and who conducts unlicensed cannabis product sales from a building, room or other area open to the public in a manner that would lead a reasonable person to believe that the area is a cannabis establishment licensed pursuant to the Cannabis Regulation Act is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History:
Laws 2021 (1st S.S.), ch. 4, § 28.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-29 - Cannabis within restricted area; penalty.

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 person is a qualified patient, a primary caregiver or a reciprocal participant; provided that this section shall not apply to a person who possesses a cannabis product for authorized purposes on the premises of a licensed cannabis training and education program. A person who violates this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
History:
Laws 2021 (1st S.S.), ch. 4, § 29.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-30 - Unlawful possession of cannabis; penalties.

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 shall be subject to:
(1) attendance at a four-hour evidence-based drug education and legal rights program at no cost to the person; or
(2) four hours of community service; and
B. a person twenty-one years of age or older shall not possess more than two ounces of cannabis, sixteen grams of cannabis extract and eight hundred milligrams of edible cannabis in public. A person who violates this subsection with respect to:
(1) more than two but not more than eight ounces of cannabis, more than sixteen grams of cannabis extract and more than eight hundred milligrams of edible cannabis is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978; or
(2) more than eight ounces of cannabis, sixty-four grams of cannabis extract or three thousand two hundred milligrams of edible cannabis is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History:
Laws 2021 (1st S.S.), ch. 4, § 30.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-31 - Unlicensed manufacturing of cannabis extract; penalty.

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. The use of any other solvent or process is expressly prohibited unless it is approved by the division. A person who violates this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History:
Laws 2021 (1st S.S.), ch. 4, § 31.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-32 - Exemption from criminal and civil penalties; researchers.

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 purchased the cannabis products solely for the purpose of research conducted pursuant to the Lynn and Erin Compassionate Use Act [Chapter 26, Article 2B NMSA 1978] or the Cannabis Regulation Act.
History:
Laws 2021 (1st S.S.), ch. 4, § 32.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-33 - Reporting requirements for cannabis-related violations.

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) category and penalty level; and
(2) race, ethnicity, age and gender.
B. Each law enforcement agency shall submit its annual report to the department of public safety.
C. The department of public safety shall compile the reports submitted and shall issue by November 1 of each year an annual report of all cannabis-related violations in the state. The report shall aggregate the data for the state and shall disaggregate the data by agency, race, ethnicity, age and gender. The department of public safety shall make all annual reports submitted for previous fiscal years available on the department of public safety's website.
D. For purposes of this section, "cannabis-related violation" means a violation of any of Sections 27 through 31 [26-2C-27 to 26-2C-31 NMSA 1978] of the Cannabis Regulation Act or a violation of Section 66-8-102 or 66-13-3 NMSA 1978 if the basis for the arrest or citation is impairment due to the use of cannabis products.
History:
Laws 2021 (1st S.S.), ch. 4, § 33.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-34 - Employer protections; exemptions.

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 substances at work or during work hours;
(2) require an employer to commit any act that would cause the employer to be noncompliant with or in violation of federal law or federal regulations or that would result in the loss of a federal contract or federal funding; or
(3) prevent or infringe upon the rights of an employer to adopt and implement a written zero-tolerance policy regarding the use of cannabis products. A zero-tolerance policy may permit the discipline or termination of an employee on the basis of a positive drug test that indicates any amount of delta-9-tetrahydrocannabinol or delta-9-tetrahydrocannabinol metabolite.
B. The Cannabis Regulation Act does not apply to an employee of an employer subject to the provisions of Title 2 of the federal Railway Labor Act.
C. Nothing in the Cannabis Regulation Act shall be construed to invalidate, diminish or otherwise interfere with any collective bargaining agreement nor shall it be construed to invalidate, diminish or otherwise interfere with any party's power to collectively bargain such an agreement, or to an employer or employee.
D. As used in this section, "adverse employment action" means refusing to hire or employ a person; barring or discharging a person from employment; requiring a person to retire from employment; or discriminating against an employee in compensation or in terms, conditions or privileges of employment.
History:
Laws 2021 (1st S.S.), ch. 4, § 34.
ANNOTATIONS
Cross references.
— For the federal Railway Labor Act,
see
15 U.S.C. §§ 21, 45; 18 U.S.C. § 373; 28 U.S.C. §§ 1291 to 1294 and 45 U.S.C. §§ 151 to 163, 181 to 188.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-35 - Appeal of rules.

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.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-36 - Public records and open meetings.

Records of the division are subject to the Inspection of Public Records Act [Chapter 14, Article 3 NMSA 1978]. Rulemaking and other hearings of the division are subject to the Open Meetings Act [Chapter 10, Article 15 NMSA 1978].
History:
Laws 2021 (1st S.S.), ch. 4, § 36.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-37 - Intrastate source.

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.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-38 - Imports and exports.

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 delivery of cannabis products between this state and the other jurisdictions. Such agreements shall:
(1) ensure enforceable public health and safety standards;
(2) include a system to regulate and track the interstate or international delivery of cannabis products; and
(3) ensure that any cannabis products delivered into this state, prior to sale to a consumer, are tested, packaged and labeled pursuant to New Mexico laws and rules.
B. Notwithstanding any other provision of law and in accordance with an agreement described in Subsection A of this section, a person licensed to:
(1) courier cannabis products may deliver cannabis products to a person located in, and authorized to receive cannabis products by, another jurisdiction in the United States; and
(2) receive cannabis products may receive cannabis products from a person located in, and authorized to export cannabis products by, another jurisdiction in the United States or internationally.
C. This section shall take effect on the earlier date on which:
(1) federal law is amended to allow for the interstate or international transfer of cannabis products between authorized cannabis-related businesses; or
(2) the United States department of justice issues an opinion or memorandum allowing or tolerating the interstate or international transfer of cannabis products between cannabis-related businesses as authorized by state law.
History:
Laws 2021 (1st S.S.), ch. 4, § 38.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-39 - Cannabis regulation fund.

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 unexpended or unencumbered balance remaining at the end of a fiscal year shall revert to the general fund.
B. Money in the cannabis regulation fund is subject to appropriation by the legislature to fund the division, the department of health, the department of environment, the New Mexico department of agriculture, the taxation and revenue department and the department of public safety for the purposes of carrying out the provisions of the Cannabis Regulation Act and the Lynn and Erin Compassionate Use Act [Chapter 26, Article 2B NMSA 1978].
History:
Laws 2021 (1st S.S.), ch. 4, § 39.
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.
Temporary provisions.
— Laws 2021 (1st S.S.), ch. 4, § 70 provided:
A. On June 29, 2021, all functions, personnel, money, appropriations, records, furniture, equipment and other property of the department of health's medical cannabis program that are not part of the department's medical cannabis registry powers and duties shall be transferred to the regulation and licensing department.
B. On June 29, 2021, all contractual obligations and other agreements of the department of health as they pertain to the department's medical cannabis program that are not part of the department's medical cannabis registry powers and duties are binding on the regulation and licensing department.
C. Statutory references to the department of health that pertain to the department's medical cannabis program that are not part of the department's medical cannabis registry powers and duties shall be deemed to be references to the cannabis control division of the regulation and licensing department.
D. On June 29, 2021, any unexpended or unencumbered balance in the medical cannabis fund is transferred to the cannabis regulation fund.
E. Except to the extent any administrative rules are inconsistent with the provisions of this act, any administrative rules adopted by an officer, agency or other entity whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in force until amended by the officer, agency or other entity to which the responsibility for the adoption of the rules has been transferred. To the extent any administrative rules are inconsistent with the provisions of this act, such rules are null and void.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-40 - Plant limit. (Repealed effective December 31, 2025.)

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 produce. The rule shall set the number of allowed cannabis plants per licensee to meet an average national market demand for cannabis products in states where adult and medical cannabis are authorized during the preceding year using a consumer base of no less than twenty percent of the adult population of New Mexico.
History:
Laws 2021 (1st S.S.), ch. 4, § 40.
ANNOTATIONS
Delayed repeals.
— Laws 2021 (1st S.S.), ch. 4, § 73 repealed 26-2C-40 NMSA 1978, effective December 31, 2025.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-41 - Indian nations, tribes and pueblos; intergovernmental 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 set forth in the Cannabis Regulation Act and the Lynn and Erin Compassionate Use Act [Chapter 26, Article 2B NMSA 1978]. The agreements may include, without limitation, provisions relating to:
(1) criminal and civil law enforcement;
(2) regulatory issues relating to the possession, delivery, production, processing or use of cannabis products;
(3) the administration of laws relating to taxation;
(4) any immunity, preemption or conflict of law relating to the possession, delivery, production, processing or use of cannabis products; and
(5) the resolution of any disputes between a tribal government and the state, which may include, without limitation, the use of mediation or other nonjudicial processes.
B. An agreement entered into pursuant to this section shall:
(1) provide for the preservation of public health and safety;
(2) ensure the security of cannabis establishments and the corresponding facilities on tribal land;
(3) establish provisions regulating business involving cannabis that passes between tribal land and non-tribal land in New Mexico; and
(4) be negotiated in good faith, which shall respect and protect state and tribal sovereign immunity.
C. As used in this section, "tribal government" means a federally recognized Indian nation, tribe or pueblo located wholly or partially in the state.
History:
Laws 2021 (1st S.S.), ch. 4, § 41.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 2C - Cannabis Regulation › Section 26-2C-42 - Cooperation of agencies.

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.
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.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 3 - Drug Product Selection › Section 26-3-1 - Short title.

Sections 26-3-1 through 26-3-3 NMSA 1978 may be cited as the "Drug Product Selection Act."
History:
1953 Comp., § 54-6-28.1, enacted by Laws 1976, ch. 60, § 2.