New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 2 - LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › Section 16.8.2.15 - WASTAGE OF CANNABIS OR CANNABIS PRODUCTS; PERMITTED METHODS

Current through Register Vol. 35, No. 13, July 16, 2024
Licensees that waste cannabis or cannabis products shall do
				  so by rendering the cannabis or cannabis products unusable and unrecognizable
				  prior to removal from licensed premises. The wastage of cannabis or cannabis
				  products shall be documented, tracked by batch, and recorded in an electronic
				  track and trace system specified by the division. Wastage of cannabis or
				  cannabis products shall occur only within the licensee's ordinary business
				  hours. Licensees shall dispose of wasted cannabis or cannabis products and
				  shall not attempt to incorporate wasted cannabis or cannabis plants into any
				  product intended for human consumption.
A.
Permitted methods of wastage:
Wastage of 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;
B.
Disposal of wasted cannabis:
Disposal of wasted cannabis or cannabis plants shall be conducted in
				accordance with all applicable waste disposal laws, including hazardous waste
				disposal laws.
C.
Holding
				time:
Cannabis or cannabis products that a licensee intends to waste
				shall be held in a secured designated holding area for a minimum of 72-hours
				prior to being wasted. Licensees shall affix to each batch that is held for
				wasting documents that record information concerning the batch, including batch
				number or code, plant number, and weight. The batch to be wasted shall not be
				handled, moved, or wasted during the 72-hour period, unless by specific
				instruction of the division. Cannabis or cannabis products that are intended to
				be wasted may be subject to inspection by the division.
D.
Documentation of wastage;
				retention:
Licensees shall record the wastage of cannabis or cannabis
				products, including batch number, weight, plant number, the name of the
				receiving solid waste facility, dates of wastage and disposal, and any test
				results associated with a wasted batch, using an electronic system specified by
				the division, and shall deduct any wasted usable cannabis or cannabis plants
				from the licensee's inventory. The electronic record shall be retained for no
				less than two years following the disposal. Licensees shall additionally
				document the wastage of any cannabis using a video recording and shall retain
				the video recording of the destruction for no less than 120 days. Licensees
				shall make the video recording of the destruction available for the division's
				inspection and copying upon the division's request.
E.
Notice to division:
Licensees
				shall notify the division of the wastage of cannabis within five business days
				of the wastage.