reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 3 - REGISTRY IDENTIFICATION CARDS › Section 7.34.3.15 - PROHIBITIONS, RESTRICTIONS AND LIMITATIONS ON THE USE OF CANNABIS BY QUALIFIED PATIENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Participation in the medical cannabis program by a qualified
				  patient or primary caregiver does not relieve the qualified patient or primary
				  caregiver from:
A. criminal
				prosecution or civil penalties for activities not authorized in this rule and
				act;
B. criminal prosecution or
				civil penalties for fraudulent representation to a law enforcement officer
				about the person's participation in the program to avoid arrest or
				prosecution;
C. liability for
				damages or criminal prosecution arising out of the operation of a vehicle while
				under the influence of cannabis or cannabis-derived products; or
D. criminal prosecution or civil penalty for
				possession, distribution, transfer, or use of cannabis or a cannabis-derived
				product:
(1) in the workplace of the
				qualified patient's or primary caregiver's employment;
(2) at a public park, recreation center,
				youth center, or other public place;
(3) to a person not approved by the
				department pursuant to this rule;
(4) outside New Mexico or attempts to obtain
				or transport cannabis, or cannabis-derived products from outside New Mexico; or
(5) that exceeds the allotted
				amount of usable medical cannabis, or cannabis-derived
				products.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 3 - REGISTRY IDENTIFICATION CARDS › Section 7.34.3.16 - DISCIPLINARY ACTIONS AND APPEAL PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Grounds for disciplinary
				action:
Disciplinary action may be taken against a qualified patient,
				patient-applicant, primary caregiver, or primary caregiver-applicant.
				Disciplinary action may include revocation, suspension, or denial, summary
				suspension, summary revocation, and other action. Disciplinary action may be
				imposed for:
(1) failure to comply with or
				satisfy any provision of this rule;
(2) falsification or misrepresentation of any
				material or information submitted to the department;
(3) failing to allow or impeding a monitoring
				visit by authorized representatives of the department;
(4) failure to adhere to any acknowledgement,
				verification, or other representation made to the department;
(5) failure to submit or disclose information
				required by this rule or otherwise requested by the department;
(6) failure to correct any violation of this
				rule cited as a result of a monitoring visit;
(7) diversion of cannabis or a
				cannabis-derived product, as determined by the department;
(8) threatening or harming a patient, a
				medical practitioner, or an employee of the department;
(9) for primary caregivers: conviction of the
				primary caregiver of any of the disqualifying convictions identified by
				department rule:
(10) for
				patients: failure of the patient to satisfy any criterion identified as a
				prerequisite to eligibility for a condition approved by the
				department:
(11) for patients: if a
				certifying provider of the patient determines that the use of cannabis by the
				patient would more likely than not be detrimental to the patient's health;
				and
(12) any other basis identified
				in this rule.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 3 - REGISTRY IDENTIFICATION CARDS › Section 7.34.3.18 - QUALIFIED PATIENT, PRIMARY CAREGIVER, AND MEDICAL PROVIDER CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall maintain a confidential file containing
				  the names and contact information of the persons who have either applied for or
				  received a registry identification card, as well as the names and contact
				  information of certifying and diagnosing providers.
A.
Patient applicants and qualified
				patients:
Names and contact information regarding a qualified patient or
				patient-applicant shall be confidential and shall not be subject to disclosure,
				except:
(1) to employees or agents of the
				department as necessary to perform the duties of the department pursuant to the
				provisions of this rule and the act;
(2) to employees of New Mexico state or local
				law enforcement agencies, for the purpose of verifying that a person is
				lawfully enrolled in the medical cannabis program, or in the event that the
				medical cannabis program manager or designee has reason to believe that a
				qualified patient or patient-applicant may have violated an applicable law;
				and
(3) as provided in the federal
				Health Insurance Portability and Accountability Act (HIPAA) of 1996 and
				applicable state and federal regulations.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 3 - REGISTRY IDENTIFICATION CARDS › Section 7.34.3.19 - DISPOSAL OF UNUSED CANNABIS

Current through Register Vol. 35, No. 13, July 16, 2024
Unused cannabis, concentrate, or cannabis-derived product in
				  the possession of a qualified patient, primary caregiver, or reciprocal
				  participant that is no longer needed for the needs of the patient or reciprocal
				  participant may be disposed of by transporting the unused portion to a state or
				  local law enforcement office, by destroying the unused cannabis, or by
				  transferring, without financial consideration, to a person who is 21 years of
				  age or older not more than the amount of cannabis lawfully purchased and
				  obtained pursuant to the Medical Cannabis Program or the Cannabis Regulation
				  Act.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 3 - REGISTRY IDENTIFICATION CARDS › Section 7.34.3.20 - PROGRAM COOPERATION WITH LAW ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The medical cannabis program shall be
				accessible via telephone 24-hours per day for state and local law enforcement
				to contact the program to determine the enrollment status of a patient,
				consistent with this rule, and shall make available a telephone number for this
				purpose. State and local law enforcement may obtain this telephone number by
				contacting the medical cannabis program's main number, or by visiting the
				medical cannabis program website.
B. The medical cannabis program shall
				cooperate with state and local law enforcement to provide education and
				training regarding the Lynn and Erin Compassionate Use Act and department
				rules.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 3 - REGISTRY IDENTIFICATION CARDS › Section 7.34.3.21 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part or application of these rules is held to be
				  invalid, the remainder or its application to other situations or persons shall
				  not be affected. Failure to promulgate rules or implement any provision of
				  these rules shall not interfere with the remaining protections provided by
				  these rules and the act.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 3 - REGISTRY IDENTIFICATION CARDS › Section 7.34.3.22 - RECIPROCITY

Current through Register Vol. 35, No. 13, July 16, 2024
Beginning July 1, 2020, an individual who holds proof of
				  authorization to participate in the medical cannabis program of another state
				  of the United States, the District of Columbia, a territory or commonwealth of
				  the United States or a New Mexico Indian nation, tribe or pueblo may lawfully
				  purchase a quantity of cannabis that does not exceed the reciprocal limit
				  identified in this section. A reciprocal participant may possess the amounts of
				  cannabis permitted in accordance with the Cannabis Regulation Act, Sections
				  26-2C-1 through 26-2C-42N MSA 1978. Once commercial cannabis sales are
				  authorized by the cannabis control division to begin in accordance with
				  Subsection K of Section 26-2C-6 NMSA 1978, a reciprocal participant will be
				  able to make commercial purchases above the reciprocal limit, in accordance
				  with the Cannabis Regulation Act. A qualified patient may not be registered or
				  participate as a reciprocal participant in the New Mexico medical cannabis
				  program.
A.
Reciprocal
				participation:
(1)
General
				requirements:
A reciprocal participant:
(a) may participate in the medical cannabis
				program in accordance with department rules;
(b) shall not be required to comply with the
				registry identification card application and renewal requirements established
				pursuant to this section and department rules;
(c) shall at all times possess proof of
				authorization to participate in the medical cannabis program of another state,
				the District of Columbia, a territory or commonwealth of the United States or a
				New Mexico Indian nation, tribe or pueblo and shall present proof of that
				authorization when purchasing cannabis from a licensee; and
(d) shall register with a licensee for the
				purpose of tracking sales to the reciprocal participant in an electronic system
				specified by the cannabis control division of the regulation and licensing
				department that is accessible to the department of health.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all licensed producers of medical use
				  cannabis, defined in Subsection D of Section
				  26-2B-3
				  NMSA 1978 as "any person or association of persons within New Mexico that the
				  department determines to be qualified to produce, possess, distribute, and
				  dispense cannabis pursuant to the Lynn and Erin Compassionate Use Act and that
				  is licensed by the department."
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements set forth herein are promulgated by the
				  secretary of the department of health (DOH) pursuant to the authority granted
				  under Subsection E of Section
				  9-7-6
				  NMSA 1978, and the Lynn and Erin Compassionate Use Act, 26-2B-1
et
				  seq
., NMSA 1978. Although federal law currently prohibits any use of
				  cannabis, the laws of several states permit the medical use and cultivation of
				  cannabis. New Mexico joins this effort to provide for the health and welfare of
				  its citizens. New Mexico adopts these regulations to accomplish the purpose of
				  the Lynn and Erin Compassionate Use Act as stated in Section
				  26-2B-2
				  NMSA 1978, "to allow for the beneficial use of medical cannabis in a regulated
				  system for alleviating symptoms caused by debilitating medical conditions and
				  their medical treatments," while at the same time ensuring proper enforcement
				  of any criminal laws for behavior that has been deemed illicit by the
				  state.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 23, 2020 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Ensuring the safe production, distribution, and dispensation
				  of cannabis for the sole purpose of medical use for alleviating symptoms caused
				  by debilitating medical conditions in a regulated system.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Definitions
				beginning with "A":
(1)
"Act"
means the Lynn and Erin Compassionate Use Act, Sections
				26-2B-1
				through
				26-2B-7
				NMSA 1978.
(2)
"Adequate
				supply"
means an amount of cannabis, in any form approved by the
				department, possessed by a qualified patient or collectively possessed by a
				qualified patient and the qualified patient's primary caregiver that is
				determined by rule of the department to be no more than reasonably necessary to
				ensure the uninterrupted availability of cannabis for a period of three months
				and that is derived solely from an intrastate source.
(3)
"Administrative review
				committee"
means an intra-department committee that reviews qualified
				patient or primary caregiver application denials, licensed producer denials
				made by the program director, or the summary suspension of a producer's
				license, in accordance with department rules. The administrative review
				committee shall consist of the chief medical officer of the department (or
				that's person's designee); a deputy secretary of the department (or that
				person's designee), and the chief nursing officer of the department (or that
				person's designee).
(4)
"Administrative withdrawal"
means the procedure for the voluntary
				withdrawal of a qualified patient or primary caregiver from the medical
				cannabis program.
(5)
"Advisory board"
means the medical cannabis advisory board
				consisting of nine practitioners knowledgeable about the medical use of
				cannabis, who are appointed by the secretary.
(6)
"Applicant"
means any person
				applying for enrollment or re-enrollment in the medical cannabis program as a
				qualified patient, primary caregiver, or licensed producer.
(7)
"Approved entity"
means a
				manufacturer, laboratory, or courier.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.8 - PRODUCER LICENSING; GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
The department may license two
				classes of producers:
(1) A qualified
				patient or primary caregiver who holds a valid personal production license. A
				qualified patient or primary caregiver who holds a valid personal production
				license is authorized to possess no more than four mature female plants and a
				combined total of 12 seedlings and male plants, and may possess no more than an
				adequate supply of usable cannabis, as specified in department rule; provided
				that a qualified patient or qualified patient's primary caregiver may possess
				that qualified patient's harvest of cannabis. A personal production license
				holder may additionally obtain usable cannabis, seeds, or plants from licensed
				non-profit producers. The primary caregiver of a qualified patient who holds a
				personal production license may assist the qualified patient to produce medical
				cannabis at the designated licensed location that is identified on the personal
				production license.
(2) A
				non-profit producer that operates a facility and, at any one time, is limited
				to a combined total of no greater than 1,750 cannabis plants, not including
				seedlings, and an inventory of usable cannabis and seeds that reflects current
				patient needs. A non-profit producer may possess any quantity of seedlings, as
				defined in this rule. A non-profit producer shall not possess a quantity of
				cannabis plants that exceeds the quantities authorized by their licensure and
				associated licensing fee. A licensed non-profit producer may sell and
				distribute usable cannabis to a person or entity authorized to possess and
				receive it. A licensed non-profit producer may obtain plants, seeds and usable
				cannabis from other licensed non-profit producers.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.11 - WASTAGE OF CANNABIS; PERMITTED METHODS

Current through Register Vol. 35, No. 13, July 16, 2024
A non-profit producer or approved entity that wastes usable
				  cannabis or cannabis plants shall do so by rendering the cannabis unusable and
				  unrecognizable, in accordance with the requirements of this rule, prior to
				  removal from licensed premises. The wastage of usable cannabis and cannabis
				  plants shall be documented by the non-profit producer or approved entity, shall
				  be tracked by batch, and shall be recorded in an electronic tracking system
				  specified by the department. Wastage of usable cannabis or cannabis plants
				  shall occur only within the licensee's ordinary business hours. A non-profit
				  producer or approved entity shall dispose of wasted cannabis and shall not
				  attempt to incorporate wasted cannabis products into any product intended for
				  consumption.
A.
Permitted
				methods of wastage:
Wastage of cannabis and cannabis derived products
				shall be accomplished by the following permitted methods:
(1)
Dried usable cannabis:
wastage of dried usable cannabis or cannabis plants shall be accomplished by
				grinding and incorporating the cannabis into other ground material, such as
				soil, compost material, or leaf and yard waste, so that the resulting mixture
				is at least fifty percent non-cannabis material by volume;
(2)
Non-liquid cannabis derived
				product:
wastage of non-liquid cannabis derived products shall be
				accomplished in the same manner as the wastage of dried usable cannabis;
				and
(3)
Liquid cannabis
				derived product:
Wastage of cannabis derived liquids shall be
				accomplished by mixing the liquid with absorbent material such as cat litter,
				sand, plastic waste, or sawdust, such that the liquid is fully absorbed into
				the material.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.12 - DEPARTMENT TESTING; QUALITY ASSURANCE; RANDOMIZED TESTING; COMPLAINT PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Quality assurance testing by the department:
The department may
				within its discretion conduct quality assurance sampling and testing of usable
				cannabis, and may require a producer or a manufacturer to provide samples of
				usable cannabis for this purpose. The department may additionally adopt and
				enforce a randomized testing schedule for the sampling and testing of usable
				cannabis. The department may prohibit the sale or distribution of usable
				cannabis that is determined by the department to contain prohibited levels of
				contaminants, or that is found to have been improperly tested, or may require
				remediation of such usable cannabis that is consistent with the remediation
				standards of this rule.
B.
Complaints:
If the department or its designee receives a complaint
				regarding the presence of mold, bacteria, or another contaminant in usable
				cannabis produced by a non-profit producer, a manufacturer, or patient who
				holds a personal production license, or if the department or its designee has
				reason to believe that the presence of bacteria physical, microbiological,
				chemical, or other contaminant may jeopardize the health of a patient, the
				department or its designee may conduct an unannounced visit to the producer or
				manufacturer and may require the producer or manufacturer to provide samples of
				medical cannabis for testing by the department. Producers and manufacturers
				shall bear the cost of any testing required by the department.
C.
Department sampling and testing
				requirements:
Medical cannabis program employees and their designees
				may possess medical cannabis samples for the sole purposes of testing or
				transport to a testing facility. The department or its designee shall comply
				with the following testing requirements:
(1)
				the department or its designee shall maintain chain of custody documentation
				for any medical cannabis samples taken;
(2) a written receipt shall be given to the
				producer or manufacturer for all testing samples;
(3) all testing samples shall be placed into
				a sealed container and clearly labeled;
(4) all testing samples shall be tested by
				the department or a designated testing facility; and
(5) the quantity of cannabis that is gathered
				by the department from a producer or manufacturer for testing purposes shall
				not exceed the applicable sample sizes identified in Table 7.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.13 - USE OF PESTICIDES BY LICENSED PRODUCERS

Current through Register Vol. 35, No. 13, July 16, 2024
The use of any pesticide by a licensed producer or
				  manufacturer in the growth or manufacture of cannabis or cannabis products
				  shall be in accordance with the New Mexico Pesticide Control Act, Section
				  76-4-1
et seq.
, NMSA 1978, and associated regulations. Pesticides
				  shall be stored in a secured area that is accessible only to employees, and
				  shall be segregated from usable cannabis and cannabis plants and from any
				  product or equipment that is utilized in the manufacturing or production
				  process.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.17 - DEPARTMENT-APPROVED TESTING LABORATORIES; GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A laboratory applicant shall comply with the application
				  requirements of this rule, and shall submit such other information as the
				  laboratory applicant wishes to provide or such information as the department
				  may request for initial approval and periodic evaluations during the approval
				  period.
A.
Testing
				categories:
A laboratory may apply to become approved by the department
				as an approved laboratory for the testing of cannabis and cannabis derived
				products in all or any one of the following categories:
(1) mycotoxin analysis;
(2) microbiological contaminant
				analysis;
(3) solvent residue
				analysis;
(4) quantity of THC and
				CBD; and
(5) such other testing
				categories as the department may identify.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.18 - DEPARTMENT-APPROVED TESTING LABORATORIES; GENERAL OPERATIONAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Receipt of
				test samples:
An approved laboratory may receive test samples of
				cannabis or cannabis derived products from any licensed producer, qualified
				patient or primary caregiver, and shall apply the testing standards of this
				rule, including the testing parameters, action levels, reporting levels, and
				other criteria identified in Tables 1 through 6, to determine whether a sample
				passes a given test.
B.
Testing policies:
An approved laboratory or laboratory applicant
				shall establish and implement policies for sample preparation, documentation,
				and transport, including:
(1) accepted test
				sample types;
(2) minimum test
				sample size;
(3) recommended test
				sample container;
(4) test sample
				labeling;
(5) transport and storage
				conditions, such as refrigeration, as appropriate;
(6) other requirements, such as use of
				preservatives, inert gas, or other measures designed to protect sample
				integrity; and
(7) creation of
				chain of custody documentation for each sample.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.21 - QUALIFIED PERSONAL PRODUCTION APPLICATION AND LICENSURE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A qualified
				patient may apply for a personal production license for either the qualified
				patient or the qualified patient's primary caregiver to produce medical
				cannabis solely for the qualified patient's own use.
B. A qualified patient may obtain no more
				than one personal production license, which license may be issued for
				production to occur either indoors or outdoors in no more than one single
				location.
C. No more than two
				personal production licenses may be issued for a given location, with proof
				that a second registered patient currently resides at the location. Multiple
				personal production licenses may not be issued for non-residential
				locations.
D. Qualified patients
				shall provide the following in order to be considered for a personal production
				license to produce medical cannabis:
(1)
				applicable non-refundable fee;
(2)
				a description of the single indoor or outdoor location that shall be used in
				the production of cannabis;
(3) if
				the location is on property that is not owned by the applicant: a written
				statement from the property owner or landlord that grants to the applicant
				permission to grow cannabis on the premises;
(4) a written plan that ensures that the
				cannabis production shall not be visible from the street or other public
				areas;
(5) a written
				acknowledgement that the applicant will ensure that all cannabis,
				cannabis-derived products and paraphernalia is accessible only by the applicant
				and their primary caregiver (if any), and kept secure and out of reach of
				children;
(6) a description of any
				device or series of devices that shall be used to provide security and proof of
				the secure grounds; and
(7) a
				written acknowledgement of the limitations of the right to use and possess
				cannabis for medical purposes in New Mexico.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.22 - NON-PROFIT PRODUCER APPLICATION AND LICENSURE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
An applicant for initial or renewal non-profit producer
				  licensure shall provide materials and information to the department, in
				  accordance with the provisions of this section, in order to be considered for a
				  license to produce medical cannabis. A licensed non-profit producer shall also
				  promptly submit revised versions of any such materials in the event that the
				  materials or their content change.
A.
Organizational information and materials:
An applicant for
				non-profit producer licensure shall submit to the department:
(1) proof that the private entity is a
				non-profit corporation in good standing with the NM secretary of state pursuant
				to Section
				53-8-1
et seq
., NMSA 1978;
(2) proof that the non-profit producer is in
				good standing with the New Mexico taxation and revenue department;
(3) copies of the entity's articles of
				incorporation;
(4) copies of the
				entity's by-laws;
(5) verification
				that the board of directors of the non-profit includes, at a minimum, five
				voting members, including one medical provider limited to a physician (MD or
				OD), a registered nurse, nurse practitioner, licensed practical nurse, or
				physician assistant, and three patients currently qualified under department
				regulations and the Lynn and Erin Compassionate Use Act, Section
				26-2B-1
et seq.
, NMSA 1978;
(6) a list of all persons or business
				entities having direct or indirect authority over the management or policies of
				the private entity;
(7) a list of
				all persons or business entities having any ownership interest in any property
				utilized by the non-profit producer, whether direct or indirect, and whether
				the interest is in land, building(s), or other material, including owners of
				any business entity that owns all or part of land or building(s)
				utilized;
(8) the identities and
				financial information, including information concerning loans and monetary
				investments, of all creditors currently holding a security interest in the
				non-profit producer or premises of the non-profit producer, if any;
				and
(9) a business plan showing how
				the private entity intends to fund its operations and become a successful
				producer, including information concerning personnel, horticulture, technology,
				and funding sources.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.23 - SECURITY REQUIREMENTS FOR LICENSED PRODUCERS

Current through Register Vol. 35, No. 13, July 16, 2024
Private non-profit entities licensed to produce medical
				  cannabis shall comply with the following requirements to ensure that production
				  and distribution facilities are located on secure grounds.
A. The non-profit producer shall provide and
				maintain in each facility a fully operational security alarm system.
B. The non-profit producer shall conduct a
				monthly maintenance inspection and make all necessary repairs to ensure the
				proper operation of the alarm system and, in the event of an extended
				mechanical malfunction that exceeds an eight hour period, provide alternative
				security that shall include closure of the premises.
C. The non-profit producer shall maintain
				documentation for a period of at least 24 months of all inspections, servicing,
				alterations, and upgrades performed on the security alarm system; all
				documentation shall be made available within 24 hours of a department
				representative's request; failure to provide equipment maintenance
				documentation within the 24 hour period shall subject the licensed producer to
				the sanctions and penalties provided for in this rule; the 24 hour period shall
				not include holidays and weekends.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.24 - RECALLS OF USABLE CANNABIS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				non-profit producers and approved manufacturers shall establish and implement
				written procedures for recalling usable cannabis and products that have been
				sold or otherwise distributed to qualified patients, primary caregivers, or
				other cannabis establishments. Recall procedures shall be made available for
				the department's inspection upon request. The recall procedures shall identify:
(1) The circumstances in which a recall will
				be conducted, including but not limited to circumstances involving the
				mislabeling of products and the contamination of products.
(2) Personnel responsible for implementing
				the recall procedures.
(3)
				Procedures for notification of all customers who have, or reasonably could
				have, obtained an affected product, including communication and outreach via
				media, as appropriate.
(4)
				Procedures for notification of any other cannabis establishment that supplied
				or received the recalled product.
(5) Instructions to be provided to qualified
				patients, primary caregivers, and cannabis establishments for the return or
				destruction of the recalled product.
(6) Procedures for the collection and wastage
				(as may be required by this rule) of any recalled product, which shall meet the
				requirements of this section.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.25 - DENIAL OF AN INITIAL PRODUCER LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Administrative review of license
				application denials:
An applicant whose initial application for a
				producer license is denied by the medical cannabis program director or designee
				may request an administrative review by the administrative review committee.
				The written notice of denial shall include a statement of the right to request
				such a review.
B.
No
				administrative review of determinations made by the secretary:
An
				applicant whose initial application for a producer license was for any reason
				not approved by the secretary (rather than the program director or designee)
				shall not be entitled to further review by the department, but may reapply at a
				later date.
C.
Procedure for
				requesting informal administrative review:
(1) An applicant given notice of an
				application denial by the medical cannabis program director or designee may
				submit a written request for a record review. To be effective, the written
				request shall:
(a) be made within 30 calendar
				days, as determined by the postmark, from the date of the denial notice issued
				by the department;
(b) be properly
				addressed to the medical cannabis program;
(c) state the applicant's name, address, and
				telephone numbers;
(d) state the
				applicant's proposed status as a licensed producer; and
(e) provide a brief narrative rebutting the
				circumstances of the application denial.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.26 - PROHIBITIONS, RESTRICTIONS, AND LIMITATIONS ON THE PRODUCTION AND DISTRIBUTION OF MEDICAL CANNABIS AND CRIMINAL PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Participation in the medical cannabis
				licensing program by a licensed producer or approved entity, or the employees
				or contractors of a licensed producer or approved entity, does not relieve the
				producer, approved entity, employee, or contractor from criminal prosecution or
				civil penalties for activities not authorized in this rule and the
				act.
B.
Locations of
				production, distribution, and manufacture:
Production of medical
				cannabis and distribution of medical cannabis to qualified patients or their
				primary caregivers shall take place at locations (or, with respect to
				distribution, categories of locations) described in the non-profit producer's
				production and distribution plan approved by the department, and shall not take
				place at locations that are within 300 feet of any school, church, or daycare
				center. For purposes of this rule, delivery to the residence of a qualified
				patient or primary caregiver shall not be deemed "distribution".
C.
Fraudulent misrepresentation:
Any person who makes a fraudulent representation to a law enforcement officer
				about the person's participation in the medical cannabis program to avoid
				arrest or prosecution for a cannabis-related offense is guilty of a petty
				misdemeanor and shall be sentenced in accordance with the provisions of Section
				31-19-1
et seq.
, NMSA 1978.
D.
Unlawful distribution:
If a
				licensed producer or employee of a licensed producer sells, distributes,
				dispenses, or transfers cannabis to a person not approved by the department
				pursuant to this rule and the act, or obtains or transports cannabis outside
				New Mexico in violation of federal law, the licensed producer or employee of
				the licensed producer shall be subject to arrest, prosecution, and civil or
				criminal penalties pursuant to state law.
E.
Revocation of registry
				identification card, licensed primary caregiver card, license to produce or
				distribute:
Violation of any provision of this rule may result in
				disciplinary action, in accordance with this rule.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.27 - CANNABIS CONSUMPTION AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General provisions:
The smoking, vaporizing, and ingestion of
				medical cannabis products by qualified patients is permitted within cannabis
				consumption areas, designated by the department, that are located on the
				premises of licensed non-profit producers. Cannabis consumption areas may only
				be operated by licensed non-profit producers, at medical cannabis dispensary
				locations designated by the department. Alcohol is prohibited in cannabis
				consumption areas. A licensed non-profit producer that operates a cannabis
				consumption area shall comply with all applicable state and local laws,
				including but not limited to zoning, occupancy, licensing, and building codes.
				Additionally, a licensed non-profit producer that operates a designated
				cannabis consumption area shall:
(1) restrict
				access to the cannabis consumption area to qualified patients and their primary
				caregivers and authorized personnel of the non-profit producer;
(2) ensure that consumption of cannabis in
				the cannabis consumption area is not visible from any public place or from
				outside the cannabis consumption area; and
(3) require that qualified patients who
				consume cannabis in a cannabis consumption area either leave the non-profit
				producer's premises with a designated driver or utilize other lawful means of
				transportation from the non-profit producer's premises.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.30 - MONITORING AND CORRECTIVE ACTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Monitoring:
(1) The department
				or its designee may perform on-site assessments of a licensed producer or
				producer-applicant, an approved manufacturer or manufacturer-applicant, an
				approved laboratory or a laboratory-applicant, and an approved courier or
				courier-applicant, to determine compliance with these rules or submissions made
				pursuant to this rule. The department may enter the premises of a licensed
				producer, approved manufacturer, approved laboratory, or approved courier at
				any time to assess or monitor.
(2)
				24 hours' notice shall be provided to personal production license holders prior
				to an on-site assessment, except when the department has reasonable suspicion
				to believe that providing notice will result in the destruction of evidence, or
				that providing such notice will impede the department's ability to enforce
				these regulations.
(3) The
				department may review any and all records of a licensed non-profit producer, a
				qualified patient or primary caregiver, an approved manufacturer, approved
				laboratory, and approved courier, and may require and conduct interviews with
				such persons or entities and persons affiliated with such entities, for the
				purpose of determining compliance with department rules and applicable
				laws.
(4) All licensed producers,
				approved manufacturers, approved laboratories, and approved couriers shall
				provide the department or the department's designee immediate access to any
				material and information necessary for determining compliance with this
				rule.
(5) Failure by a licensed
				producer, approved manufacturer, approved laboratory, or approved courier to
				provide the department access to the premises or materials may result in
				disciplinary action(s), in accordance with this rule.
(6) Any failure to adhere to these rules that
				is documented by the department during monitoring may result in disciplinary
				action, in accordance with this rule.
(7) The department shall refer complaints
				alleging criminal activity that are made against a licensed producer, approved
				manufacturer, approved laboratory, or approved courier to appropriate New
				Mexico state or local law enforcement authorities.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.31 - DISCIPLINARY ACTIONS AND APPEAL PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Notice of disciplinary
				action:
The department may issue notice of an immediate disciplinary
				action, as specified in this rule, or notice of contemplated disciplinary
				action. Notice shall be served upon a licensee's contact person of record.
				Notice shall be served via certified U.S. postal mail. A notice shall be deemed
				to have been served on the date borne by the return receipt showing delivery or
				the last attempted delivery of the notice or decision to the addressee or
				refusal of the addressee to accept delivery of the notice or
				decision.
B.
Grounds for
				disciplinary action:
Disciplinary action may be taken against a
				producer-applicant, a licensed producer, a manufacturer-applicant or approved
				manufacturer, a laboratory applicant or approved laboratory, or an approved
				courier or courier-applicant. Disciplinary action may include revocation,
				suspension, or denial of an application, license, or department approval,
				monetary penalties, immediate suspensions and revocations in accordance with
				this rule, and other action. Disciplinary actions may be imposed in any
				combination, and the actions described in this paragraph, including suspension
				and monetary fines, are not exclusive of one another. Disciplinary action may
				be imposed for:
(1) A major violation
				implicating public safety, including:
(a)
				failure to comply with or satisfy any provision of this rule that implicates
				public safety;
(b) diversion,
				inversion, or attempted diversion or inversion, of cannabis or a
				cannabis-derived product, as determined by the department;
(c) threatening or harming a patient, a
				medical practitioner, or an employee of the department;
(d) intentionally destroying, damaging,
				altering, removing or concealing evidence of a violation under this rule,
				attempting to do so, or asking or encouraging another person to do
				so;
(e) deliberately purchasing
				usable cannabis, cannabis-derived products or cannabis plants from out of state
				or outside the legal medical cannabis system; or
(f) other conduct that shows willful or
				reckless disregard for health or safety;
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.33 - CLOSURE OF A NON-PROFIT PRODUCER OR AN APPROVED ENTITY

Current through Register Vol. 35, No. 13, July 16, 2024
A non-profit producer, manufacturer, laboratory, or courier
				  that anticipates ceasing its business operations shall notify the medical
				  cannabis program no later than 30 calendar days prior to closure. Any such
				  non-profit producer or approved entity shall post public notice of the
				  anticipated closure in any and all locations of the producer or approved entity
				  that are accessible to the public, including but not limited to dispensary
				  locations, at least fourteen days prior to the closure. Any unused medical
				  cannabis that is held by a non-profit producer or approved entity on behalf of
				  another licensee (such as cannabis that is owned by a non-profit producer and
				  held by a manufacturer) shall be returned to its owner. Cannabis that is
				  otherwise held by a licensee shall, prior to the licensee's closure, be
				  surrendered to either state law enforcement or local law enforcement, destroyed
				  by the licensee in accordance with the wastage standards of this rule, or
				  donated to patients via a licensed non-profit producer, and the licensee shall
				  submit documentation of the event to the department.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.34 - PERSONAL PRODUCTION LICENSE CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
Personal production license holders and applicants: The
				  department shall maintain a confidential file containing the names, addresses,
				  and telephone numbers of the persons who have either applied for or received a
				  personal production license (PPL). Individual names of PPL producers and PPL
				  producer-applicants shall be confidential and not subject to disclosure,
				  except:
A. to authorized employees or
				agents of the department as necessary to perform the duties of the department
				pursuant to the provisions of this rule and the act;
B. to authorized employees of state or local
				law enforcement agencies, but only for the purpose of verifying that a person
				is lawfully in possession of the license to produce, or as otherwise expressly
				permitted in this rule; and
C. as
				provided in the federal Health Insurance Portability and Accountability Act of
				1996.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.35 - STORAGE AND DISPOSAL OF CANNABIS BY LICENSED PRODUCERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Storage:
Medical cannabis,
				unused cannabis products, and cannabis-derived product waste shall be stored by
				a licensed producer in a manner that discourages diversion or theft, until such
				time as the material is transferred, disposed of, or destroyed in accordance
				with this rule.
B.
Disposal
				by personal production license holders:
Unused cannabis, cannabis
				products, or cannabis-derived product waste that is in the possession of a
				qualified patient who holds a personal production license shall be disposed of
				by transporting the unused portion to a state or local law enforcement office,
				or by destruction of the material.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.36 - ASSESSMENT REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall evaluate the implementation of the Lynn
				  and Erin Compassionate Use Act and regulations issued pursuant to that act and
				  provide a report to the secretary of the department within one year of the
				  effective date of this regulation. In performing its evaluation, the department
				  shall focus on whether the needs of qualified patients are being met by the
				  department's administration of the act and whether there is a demonstrable need
				  for a state run production and distribution facility. The department's
				  assessment report shall be issued every two years, shall be a public document,
				  and shall contain de-identified data upon which the assessment is
				  based.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.37 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part or application of these rules is held to be
				  invalid, the remainder or its application to other situations or persons shall
				  not be affected. Any section of these rules legally severed shall not interfere
				  with the remaining protections provided by these rules and the
				  act.