reglab/statecodes huggingface dataset:
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 16.8.2.30 - APPLICATION REQUIREMENTS FOR CANNABIS MANUFACTURER LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An initial application or renewal for
				cannabis manufacturer licensure shall include the following:
(1) Contact information for the applicant and
				the cannabis establishment, to include:
(a)
				applicant's full legal name;
(b)
				applicant's mailing address;
(c)
				applicant's contact telephone number;
(d) applicant's contact email
				address;
(e) applicant's business
				physical address and mailing address, if different;
(f) applicant's business legal name,
				including a DBA name if applicable;
(g) applicant's business web address, if
				applicable;
(h) applicant's
				business hours of operation;
(i)
				name and contact information for each controlling person;
(j) demographic data pursuant to the Cannabis
				Regulation Act;
(k) license type
				sought (Class I, Class II, Class III, or Class IV); and
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 16.8.2.31 - SUBMITTAL OF APPLICATION FOR AMENDED CANNABIS MANUFACTURER LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application:
A licensed manufacturer shall submit to the division
				an application form for an amended license, if applicable, and obtain approval
				from the division, prior to implementing any of the following:
(1) change of licensee's legal or business
				name;
(2) change or modification in
				extraction type(s) or equipment;
(3) material or substantial change in water
				source;
(4) addition or elimination
				of a controlling person; or
(5)
				material or substantial modification of the premises.
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 16.8.2.32 - MANUFACTURER PREMISES DIAGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				An applicant must maintain on its licensed premise at all times, a complete and
				detailed diagram of the premises. The diagram shall be used by the division to
				determine whether the premises meets the requirements of the Cannabis
				Regulation Act, the Lynn and Erin Compassionate Use Act, and division
				rules.
B. The diagram shall show
				the boundaries of the property and the proposed premises to be licensed, the
				dimensions of each area that cannabis will be manufactured, and the location of
				the extraction area. The diagram shall also include, as applicable, any
				equipment to be used, entrances and exits, interior partitions, walls, rooms,
				windows, and doorways. The diagram shall include a brief statement or
				description of the principal activity to be conducted in each area on the
				premises.
C. The diagram shall show
				where all cameras are located and assign a number to each camera for
				identification purposes.
D. The
				diagram shall be to scale.
E. The
				diagram shall not contain any highlighting and the markings on the diagram
				shall be in black-and-white print.
F. If the proposed premises consists of only
				a portion of a property, the diagram must be labeled indicating which part of
				the property is the proposed premises and what the remaining property is used
				for.
G. If the proposed premises
				consists of only a portion of a property that will contain two or more licensed
				premises, then the diagram shall be supplemented with a description of how two
				or more licensed premises will be managed on the property.
H. If a proposed premise is located on only a
				portion of a property that also includes a residence, the diagram shall clearly
				show the designated buildings for the premises and the residence.
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 16.8.2.33 - CANNABIS MANUFACTURER POLICIES AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Minimum policy and procedure
				requirements:
A manufacturer shall develop, implement, and maintain on
				the licensed premises, standard policies and procedures, which shall include
				the following:
(1) cannabis testing criteria
				and procedures, which shall be consistent with the testing requirements of the
				Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, or division
				rules, and shall include at a minimum, the following topics:
(a) representative sampling and analytical
				testing of cannabis or cannabis products for contaminants prior to wholesale or
				transfer to another cannabis establishment;
(b) recordkeeping and chain of custody
				protocols for transportation of cannabis or cannabis product samples to a
				cannabis testing laboratory;
(c)
				recordkeeping and chain of custody protocols for transportation of cannabis or
				cannabis products to another cannabis establishment for any purpose;
(d) protocols to ensure that cannabis or
				cannabis products, including any samples of cannabis or cannabis products, are
				transported and stored in a manner that prevents degradation, contamination,
				tampering, or diversion;
(e)
				protocols for testing sample collection that ensures accurate test results;
				and
(f) procedures for destruction
				of a tested batch of cannabis or cannabis products if the testing samples from
				the tested batch indicate noncompliance with applicable health and safety
				standards;
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 16.8.2.34 - MINIMUM STANDARDS FOR THE MANUFACTURE OF CANNABIS PRODUCTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General
				requirements:
Licensees shall ensure the following:
(1) manufacturing shall be done in premises
				that are in compliance with state and local laws that do not conflict with the
				Cannabis Regulation Act or the Lynn and Erin Compassionate Use Act;
(2) the licensee's right to use the quantity
				of water sufficient to meet the manufacturing facility's needs remains in good
				standing;
(3) weighting or
				measuring devices that are used in the wholesale of cannabis be appropriately
				documented as having undergone certified registration and calibration that is
				in accordance with applicable requirements of the New Mexico department of
				agriculture; and
(4) licensee shall
				notify the division of any changes to the days or hours of business
				operation;
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 16.8.2.35 - CANNABIS RETAIL LICENSURE; GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Division application forms: All
				applications for licensure authorized pursuant to the Cannabis Regulation Act
				shall be made upon current forms prescribed by the division found on the
				division website.
B. License
				required: Unless licensed pursuant to the Cannabis Regulation Act and division
				rules, a person shall not sell cannabis products to qualified patients, primary
				caregivers or reciprocal participants, or directly to consumers.
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 16.8.2.36 - APPLICATION REQUIREMENTS FOR CANNABIS RETAILER LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An initial application or renewal for
				cannabis retailer licensure shall include the following:
(1) Contact information for the applicant and
				the cannabis establishment, to include:
(a)
				applicant's full legal name;
(b)
				applicant's date of birth, if applicable;
(c) applicant's mailing address;
(d) applicant's contact telephone
				number;
(e) applicant's contact
				email address;
(f) applicant's
				business physical address and mailing address, if different;
(g) applicant's business legal name,
				including a DBA name if applicable;
(h) applicant's business web address, if
				applicable;
(i) applicant's
				business hours of operation;
(j)
				name and contact information for each controlling person;
(k) demographic data pursuant to the Cannabis
				Regulation Act;
(l) license type
				sought; and
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 16.8.2.37 - SUBMITTAL OF APPLICATION FOR AMENDED CANNABIS RETAILER LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application:
A licensed retailer shall submit to the division an
				application form for an amended license, if applicable, pay the required fee,
				and obtain approval from the division, prior to implementing any of the
				following:
(1) change of licensee's legal or
				business name;
(2) addition or
				elimination of a controlling person; or
(3) material or substantial modification of
				the premises.
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 16.8.2.38 - RETAIL PREMISES DIAGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				applicant shall maintain on its licensed premise at all times, a complete and
				detailed diagram of the premises. The diagram shall be used by the division to
				determine whether the premises meets the requirements of the Cannabis
				Regulation Act, the Lynn and Erin Compassionate Use Act, and division
				rules.
B. The diagram shall show
				the boundaries of the property and the proposed premises to be licensed, the
				dimensions of each area that cannabis will be stored and available to the
				public. The diagram shall also include, as applicable, any equipment to be
				used, entrances and exits, interior partitions, walls, rooms, windows, and
				doorways. The diagram shall include a brief statement or description of the
				principal activity to be conducted in each area on the premises.
C. The diagram shall show where all cameras
				are located and assign a number to each camera for identification
				purposes.
D. The diagram shall be
				to scale.
E. The diagram shall not
				contain any highlighting and the markings on the diagram shall be in
				black-and-white print.
F. If the
				proposed premises consists of only a portion of a property, the diagram must be
				labeled indicating which part of the property is the proposed premises and what
				the remaining property is used for.
G. If the proposed premises consists of only
				a portion of a property that will contain two or more licensed premises, then
				the diagram shall be supplemented with a description of how two or more
				licensed premises will be managed on the property.
H. If a proposed premise is located on only a
				portion of a property that also includes a residence, the diagram shall clearly
				show the designated buildings for the premises and the residence.
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 16.8.2.39 - CANNABIS RETAILER POLICIES AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Minimum policy and procedure
				requirements:
A licensed retailer shall develop, implement, and maintain
				on the licensed premises, standard policies and procedures, which shall include
				the following:
(1) cannabis handling criteria
				and procedures, which shall be consistent with the Cannabis Regulation Act, the
				Lynn and Erin Compassionate Use Act, or division rules, and shall include at a
				minimum, the following topics:
(a) employee
				health and safety training materials;
(b) training requirements for the proper use
				of health and safety measures and controls;
(c) if applicable, recordkeeping and chain of
				custody protocols for transportation of cannabis or cannabis product samples to
				a cannabis testing laboratory;
(d)
				recordkeeping and chain of custody protocols for transportation of cannabis or
				cannabis products to another cannabis establishment for any purpose;
(e) protocols to ensure that cannabis or
				cannabis products, including any samples of cannabis or cannabis products, are
				transported and stored in a manner that prevents degradation, contamination,
				tampering, or diversion;
(g) if
				applicable, protocols for testing sample collection that ensures accurate test
				results; and
(h) if applicable,
				procedures for remedial measures to bring cannabis or cannabis products into
				compliance with division standards or destruction of a tested batch of cannabis
				or cannabis products if the testing samples from the tested batch indicate
				noncompliance with applicable health and safety standards;
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 16.8.2.40 - MINIMUM STANDARDS FOR RETAIL OF CANNABIS PRODUCTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Access to retailer premises prior to
				authorization of retail sale of commercial cannabis:
Prior to the
				division authorizing the retail sale of commercial cannabis, pursuant to
				Subsection K of Section 26-2C-6 and Paragraph (5) of Subsection (B) of Section
				26-2C-7 of the Cannabis Regulation Act, NMSA 1978, access to the licensed
				premises of a retailer shall be limited to individuals who are at least 18
				years of age and possess a valid qualified patient, primary caregiver, or
				reciprocal participant registry identification card from the department of
				health medical cannabis program.
B.
Access to retailer premises upon authorization of retail sale of
				commercial cannabis:
Upon the division authorizing the retail sale of
				commercial cannabis, pursuant to Subsection K of Section 26-2C-6 and Paragraph
				(5) of Subsection B of Section 26-2C-7 of the Cannabis Regulation Act NMSA
				1978, access to the licensed premises of a retailer shall be limited to the
				following:
(1) individuals who are at least 21
				years of age and possess a valid form of identification; and
(2) individuals who are at least 18 years of
				age and possess a valid qualified patient, primary caregiver, or reciprocal
				participant registry identification card from the department of health medical
				cannabis program.
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 16.8.2.41 - CANNABIS COURIER LICENSURE; GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Division application forms:
All applications for licensure authorized pursuant to the Cannabis Regulation
				Act shall be made upon current forms prescribed by the division found on the
				division website.
B.
License
				required:
Unless licensed pursuant to the Cannabis Regulation Act and
				division rules, a person shall not transport cannabis products directly to
				qualified patients, primary caregivers or reciprocal participants, or directly
				to consumers.
C.
Consumer
				delivery:
(1) A licensee may deliver
				cannabis or cannabis products from a licensed retail establishment to a
				qualified patient who is at least 18 years of age, a primary caregiver or a
				reciprocal participant, or a consumer who is at least 21 years of
				age.
(2) Licensees shall only
				deliver to the person who is identified by the retail cannabis licensee as an
				intended, authorized recipient.
(3)
				Licensees shall only deliver cannabis, cannabis products, or products not
				containing THC that are for sale within the licensed retail establishment from
				which the sale and delivery is initiated.
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 16.8.2.42 - APPLICATION REQUIREMENTS FOR CANNABIS COURIER LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An initial application or renewal for
				cannabis courier licensure shall include the following:
(1) Contact information for the applicant, to
				include:
(a) applicant's full legal
				name;
(b) applicant's date of
				birth, if applicable;
(c)
				applicant's mailing address;
(d)
				applicant's contact telephone number;
(e) applicant's contact email
				address;
(f) physical address and
				mailing address, if different;
(g)
				demographic data pursuant to the Cannabis Regulation Act; and
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 16.8.2.43 - CANNABIS TESTING LABORATORY LICENSE: GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Testing
				categories:
The division may license cannabis testing laboratories to
				perform analytical testing of cannabis products in one or more of the following
				categories:
(1) visual inspection;
(2) microbiological;
(3) residual solvents;
(4) potency and homogeneity;
(5) heavy metals;
(6) pesticides; and
(7) such other testing categories as the
				department may identify.
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 16.8.2.44 - APPLICATION REQUIREMENTS FOR CANNABIS TESTING LABORATORY LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Contents
				of application:
(1) for any initial or
				renewal application, contact information for the applicant and the cannabis
				establishment, to include:
(a) applicant's
				full legal name;
(b) applicant's
				mailing address;
(c) applicant's
				contact telephone number;
(d)
				applicant's contact email address;
(e) applicant's business physical address and
				mailing address, if different;
(f)
				applicant's business legal name, including a DBA name, if applicable;
(g) applicant's business web address, if
				applicable;
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 16.8.2.45 - SUBMITTAL OF APPLICATION FOR AMENDED CANNABIS TESTING LABORATORY LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application:
A cannabis testing laboratory shall submit to the
				division an application form for an amended license and obtain approval from
				the division, prior to implementing any of the following:
(1) change of licensee's legal or business
				name;
(2) material or substantial
				change in testing methods or equipment;
(3) addition or elimination of a controlling
				person; or
(4) material or
				substantial modification of the premises.
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 16.8.2.46 - TESTING LABORATORY PREMISES DIAGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Detailed diagram required:
An
				applicant shall maintain on its licensed premise at all times, a complete and
				detailed diagram of the premises. The diagram shall be used by the division to
				determine whether the premises meets the requirements of the Cannabis
				Regulation Act, the Lynn and Erin Compassionate Use Act, and division
				rules.
B.
Contents of
				diagram:
The diagram shall show:
(1)
				the boundaries of the property and the proposed premises to be
				licensed;
(2) if applicable, the
				uses of any portion of the property not included in the premises;
(3) a brief statement or description of the
				principal activity to be conducted in each area on the premises;
(4) the dimensions of each area where testing
				of cannabis products will take place;
(5) the location and identity of equipment;
				and
(6) entrances and
				exits;
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 16.8.2.47 - CANNABIS TESTING LABORATORY POLICIES AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Minimum policy and procedure
				requirements:
A cannabis testing laboratory shall develop, implement,
				and maintain on the licensed premises, standard policies and procedures, which
				shall include the following:
(1) sample
				collection procedures, including:
(a)
				specifications for sampling tools and containers;
(b) use of gloves and other personal
				protective equipment to prevent contamination of batches;
(c) access to complete batches of cannabis
				products;
(d) determination of the
				number of sample increments required, based on batch size; and
(e) random selection of sample
				increments;
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 16.8.2.48 - MINIMUM STANDARDS FOR THE TESTING OF CANNABIS PRODUCTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General requirements:
Cannabis testing laboratories shall ensure the following:
(1) testing is done in premises that are in
				compliance with state and local laws that do not conflict with the Cannabis
				Regulation Act or the Lynn and Erin Compassionate Use Act; and
(2) weighting or measuring devices that are
				used in testing are appropriately documented as having undergone certified
				registration and calibration that is in accordance with requirements of the New
				Mexico department of agriculture applicable to commercial
				transactions.
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 16.8.2.49 - CANNABIS CONSUMPTION AREA LICENSURE; GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
License
				types:
The division may license two classes of cannabis consumption
				areas:
(1) Type I permit: A licensed cannabis
				consumption area where cannabis products may be consumed on the licensed
				premises, except for products consumed through the respiratory
				system.
(2) Type II permit: A
				licensed cannabis consumption area where cannabis products may be consumed,
				including products that are consumed through the respiratory system.
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 16.8.2.50 - APPLICATION REQUIREMENTS FOR CANNABIS CONSUMPTION AREA LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
An initial
				application or renewal for cannabis consumption area licensure shall include
				the following
:
(1) Contact information
				for the applicant and the cannabis establishment, to include:
(a) applicant's full legal name;
(b) applicant's date of birth, if
				applicable;
(c) applicant's mailing
				address;
(d) applicant's contact
				telephone number;
(e) applicant's
				contact email address;
(f)
				applicant's business physical address and mailing address, if
				different;
(g) applicant's business
				legal name, including a DBA name if applicable;
(h) applicant's business web address, if
				applicable;
(i) applicant's
				business hours of operation;
(j)
				name and contact information for each controlling person;
(k) demographic data pursuant to the Cannabis
				Regulation Act;
(l) license type
				sought; and
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 16.8.2.51 - SUBMITTAL OF APPLICATION FOR AMENDED CANNABIS CONSUMPTION AREA LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application:
A licensed cannabis consumption area shall submit to
				the division an application form for an amended license, if applicable, pay the
				required fee, and obtain approval from the division, prior to implementing any
				of the following:
(1) change of licensee's
				legal or business name;
(2)
				addition or elimination of a controlling person; or
(3) material or substantial modification of
				the premises.
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 16.8.2.52 - PREMISES DIAGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				applicant must submit to the division, with the application, a complete and
				detailed diagram of the proposed premises. The diagram shall be used by the
				division to determine whether the premises meets the requirements of the
				Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, and division
				rules. The division shall deny an application if the premises does not qualify
				for licensure pursuant to federal, state or local laws.
B. The diagram shall show the boundaries of
				the property and the proposed premises to be licensed, the dimensions of each
				area that cannabis will be stored and available to the public. The diagram
				shall also include, as applicable, any equipment to be used, entrances and
				exits, interior partitions, walls, rooms, windows, and doorways. The diagram
				shall include a brief statement or description of the principal activity to be
				conducted in each area on the premises.
C. The diagram shall show where all cameras
				are located and assign a number to each camera for identification purposes.
D. The diagram shall be to scale.
E. The diagram shall not contain
				any highlighting and the markings on the diagram shall be in black-and-white
				print.
F. If the proposed premises
				consists of only a portion of a property, the diagram must be labeled
				indicating which part of the property is the proposed premises and what the
				remaining property is used for.
G.
				If the proposed premises consists of only a portion of a property that will
				contain two or more licensed premises, then the diagram shall be supplemented
				with a description of how two or more licensed premises will be managed on the
				property.
H. If a proposed premise
				is a type II cannabis consumption area permit, the diagram shall clearly show
				the location of the designated smoking area or the area immediately surrounding
				the building to ensure smoke will not infiltrate other indoor workplaces or
				other indoor public places where smoking is otherwise prohibited pursuant to
				the Dee Johnson Clean Indoor Air Act.
I. If a proposed premise is located on only a
				portion of a property that also includes a residence, the diagram shall clearly
				show the designated buildings for the premises and the
				residence.
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 16.8.2.53 - CANNABIS CONSUMPTION AREA POLICIES AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Minimum policy and procedure
				requirements:
A licensed cannabis consumption area shall develop,
				implement, and maintain on the licensed premises, standard policies and
				procedures, which shall include the following:
(1) cannabis handling criteria and
				procedures, which shall be consistent with the Cannabis Regulation Act, the
				Lynn and Erin Compassionate Use Act, or division rules, and shall include at a
				minimum, the following topics:
(a) employee
				health and safety training materials;
(b) training requirements for the proper use
				of health and safety measures and controls;
(c) if applicable, recordkeeping and chain of
				custody protocols for transportation of cannabis or cannabis product samples to
				a cannabis testing laboratory;
(d)
				recordkeeping and chain of custody protocols for transportation of cannabis
				products to another cannabis establishment for any purpose;
(e) protocols to ensure that cannabis
				products, including any samples of cannabis products, are transported and
				stored in a manner that prevents degradation, contamination, tampering, or
				diversion;
(g) if applicable,
				protocols for testing sample collection that ensures accurate test results;
				and
(h) if applicable, procedures
				for remedial measures to bring cannabis products into compliance with division
				standards or destruction of a tested batch of cannabis products if the testing
				samples from the tested batch indicate noncompliance with applicable health and
				safety standards;
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 16.8.2.54 - MINIMUM STANDARDS FOR CANNABIS CONSUMPTION AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Access to cannabis consumption area
				premises prior to authorization of consumption or retail sale of commercial
				cannabis:
Prior to the division authorizing the consumption or retail
				sale of commercial cannabis, pursuant to Subsection K of Section 26-2C-6 and
				Paragraph (5) of Subsection B of Section 26-2C-7 of the Cannabis Regulation
				Act, NMSA 1978, access to the licensed premises of a retailer shall be limited
				to:
(1) individuals who are at least 21 years
				of age and possess a valid form of identification;
(2) individuals who are at least 18 years of
				age and possess a valid qualified patient, primary caregiver, or reciprocal
				participant registry identification card from the department of health medical
				cannabis program.
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 16.8.2.55 - DEE JOHNSON CLEAN INDOOR AIR ACT

Current through Register Vol. 35, No. 13, July 16, 2024
Smoking and vaping shall be allowed on the licensed premises
				  of type II cannabis consumption area only if the cannabis consumption area is
				  in a designated smoking area or in a standalone building from which smoke does
				  not infiltrate other indoor workplaces or other indoor public places where
				  smoking is otherwise prohibited pursuant to the Dee Johnson Clean Indoor Air
				  Act.
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 16.8.2.56 - CANNABIS RESEARCH LABORATORY LICENSURE; GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. License Types:
				The division may license three classes of research:
(1) Tier I: A cannabis research laboratory
				Tier I may produce cannabis to be ingested by human or animal subjects, or
				produce cannabis not meant for ingestion, for division approved clinical,
				agricultural, or market research studies; produce federally legal cannabis
				products; and may conduct division approved clinical, agricultural, or market
				research studies;
(2) Tier II: A
				cannabis research laboratory Tier II may produce cannabis not meant for
				ingestion, or purchase cannabis to be ingested by human or animal subjects, for
				division approved clinical, agricultural, or market research studies; and may
				conduct division approved clinical, agricultural, or market research
				studies
(3) Tier III: A cannabis
				research laboratory Tier III may not produce cannabis and may only purchase
				cannabis or cannabis products from licensed cannabis research laboratories Tier
				I and Tier II, as appropriate for approved clinical, agricultural, or market
				research studies; and may conduct clinical, agricultural, or market research
				studies.
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 16.8.2.57 - APPLICATION REQUIREMENTS FOR CANNABIS RESEARCH LABORATORY LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An initial
				application or renewal for cannabis research laboratory licensure shall include
				the following:
(1) Business and controlling
				person(s) contact information, to include:
(a)
				legal business name, including DBA if applicable
(b) type of business entity;
(c) business mailing address;
(d) business telephone number;
(e) business email address;
(f) business physical address, if
				different;
(g) business web
				address, if applicable;
(h)
				business hours of operation;
(i)
				name and contact information for each controlling person;
(j) demographic data pursuant to the Cannabis
				Regulation Act;
(k) license type
				sought (Tier I, Tier II, or Tier III); and
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 16.8.2.58 - SUBMITTAL OF APPLICATION FOR AMENDED CANNABIS RESEARCH LABORATORY LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Application: A
				licensed research laboratory shall submit to the division an application form
				for an amended license, if applicable and obtain approval from the division,
				prior to implementing any of the following:
(1) change of licensee's legal or business
				name;
(2) change or modification in
				extraction type(s) or equipment;
(3) material or substantial change in water
				source;
(4) addition or elimination
				of a controlling person; or
(5)
				material or substantial modification of the premise.
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 16.8.2.59 - EXPEDITED APPROVAL PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
The division shall create an early approval process for
				  entities that are either registered or conditionally approved by the FDA to
				  manufacture bulk cannabis for research or to research cannabis.
A. Any entity conditionally approved for or
				holding a valid DEA registration as enumerated below may, within 60 days of the
				effective date, apply to the cannabis control division for expedited approval
				as follows:
(1) An entity that is registered
				with or conditionally approved by the DEA to manufacture bulk cannabis for
				research may seek early approval for a Tier I License; or
(2) An entity that is registered with or
				conditionally approved by the DEA to research cannabis may seek early approval
				for a Tier III license.
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 16.8.2.60 - PREMISES DIAGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
All licensees shall have a detailed diagram of the premises
				  on hand at all times and made available for in person inspection by the
				  Division or its agents upon request. This premises diagram shall conform to the
				  requirements set forth in 16.8.2 NMAC.
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 16.8.2.61 - CANNABIS RESEARCH LABORATORY POLICIES AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Minimum policy and procedure requirements:
				Licensees shall develop, implement, and maintain on the licensed premises,
				standard policies and procedures, which shall include the following:
(1) cannabis research criteria and
				procedures, which shall be consistent with the requirements of applicable state
				laws, including the Cannabis Regulation Act, the Lynn and Erin Compassionate
				Use Act, division rules, and shall include at a minimum, the following
				topics:
(2) protocols for
				research;
(3) recordkeeping and
				chain of custody protocols for transportation of cannabis or cannabis product;
				and procedures for testing and destruction of cannabis or cannabis
				products;
(4) employee policies and
				procedures to address the following minimum requirements:
(5) adherence to state and federal
				laws;
(6) responding to an
				emergency, including robbery or a serious accident or incident;
(7) alcohol and drug-free workplace policies
				and procedures;
(8) safety and
				security procedures;
(9)
				occupational health and safety;
(10) crime prevention techniques;
				and
(11) if applicable,
				confidentiality laws, including the Health Insurance Portability and
				Accountability Act of 1996; and
(12) statements signed by employees
				indicating receipt and understanding of policies and procedures.
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 16.8.2.62 - HUMAN SUBJECT PROTECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Before
				conducting research involving human subjects, the licensee shall:
(1) provide the division with documentation
				that the study has received institutional review board (IRB) approval, as
				defined and described in 45 CFR Part 46 , federal policy for the protection of
				human subjects; and
(2) obtain
				"informed consent," as defined and described in 45 CFR Part 46 , federal policy
				for the protection of human subjects, from the human research
				subject.
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 16.8.2.63 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part or application of this rule is held to be
				  invalid, the remainder or its application to other situations or persons shall
				  not be affected. Any section of this rule legally severed shall not interfere
				  with the remaining protections and duties provided by this
				  rule.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 3 - PACKAGING, LABELING, ADVERTISING, MARKETING, AND COMMERCIAL DISPLAY REQUIREMENTS FOR CANNABIS PRODUCTS › Section 16.8.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Regulation and Licensing Department, Cannabis
				  Control Division.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 3 - PACKAGING, LABELING, ADVERTISING, MARKETING, AND COMMERCIAL DISPLAY REQUIREMENTS FOR CANNABIS PRODUCTS › Section 16.8.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all licensees and applicant for
				  licensure pursuant to the Cannabis Regulation Act, the Lynn and Erin
				  Compassionate Use Act, or division rules.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 3 - PACKAGING, LABELING, ADVERTISING, MARKETING, AND COMMERCIAL DISPLAY REQUIREMENTS FOR CANNABIS PRODUCTS › Section 16.8.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements set forth herein are promulgated by the
				  cannabis control division pursuant to the authority granted under the Cannabis
				  Regulation Act and the licensing provisions of the Lynn and Erin Compassionate
				  Use Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 3 - PACKAGING, LABELING, ADVERTISING, MARKETING, AND COMMERCIAL DISPLAY REQUIREMENTS FOR CANNABIS PRODUCTS › Section 16.8.3.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 3 - PACKAGING, LABELING, ADVERTISING, MARKETING, AND COMMERCIAL DISPLAY REQUIREMENTS FOR CANNABIS PRODUCTS › Section 16.8.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 1, 2022, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 3 - PACKAGING, LABELING, ADVERTISING, MARKETING, AND COMMERCIAL DISPLAY REQUIREMENTS FOR CANNABIS PRODUCTS › Section 16.8.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 3 is to establish standards for
				  packaging, labeling, advertising, marketing, and commercial display
				  requirements for cannabis products. Part 3 is not applicable to personal use of
				  cannabis pursuant to the Cannabis Regulation Act or the Lynn and Erin
				  Compassionate Use Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 3 - PACKAGING, LABELING, ADVERTISING, MARKETING, AND COMMERCIAL DISPLAY REQUIREMENTS FOR CANNABIS PRODUCTS › Section 16.8.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined in Title 16, Chapter 8, Part 1,
				  terms used in Title 16, Chapter 8, have the same meanings as set forth in the
				  Cannabis Regulation Act and the licensing authority under the Lynn and Erin
				  Compassionate Use Act
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 3 - PACKAGING, LABELING, ADVERTISING, MARKETING, AND COMMERCIAL DISPLAY REQUIREMENTS FOR CANNABIS PRODUCTS › Section 16.8.3.8 - ADVERTISING AND MARKETING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Required Practices.
The following practices are required in all
				advertising and marketing activities:
(1)
Responsible persons.
All advertisements and marketing for cannabis
				products shall accurately and legibly identify all licensees or organizations
				who are responsible for the proliferation of the advertisement or marketing
				activity.
(2)
Reasonable
				expectation of audience age.
All advertisements in print and digital
				communications shall only be placed in areas where at least seventy percent of
				the audience is reasonably expected to be 21 years of age or older as
				determined by reliable, current audience composition data. For the purposes of
				this section, "reliable, current audience composition data" means data
				regarding the age and location demographics of the audience viewing a
				particular advertising or marketing medium. Immediately upon request, a
				licensee shall provide to the division audience composition data as required in
				this section for advertising or marketing placed by the licensee. If the
				audience composition data for advertising or marketing provided by a licensee
				does not comply with the requirements of this section, or the licensee fails to
				provide audience composition data to the division upon request, the licensee
				shall remove the advertising or marketing placement in question.
(3)
Statements and warnings:
Any
				advertising or marketing materials created for viewing by the public shall
				include the statement "Please Consume Responsibly" in a conspicuous manner on
				the face of the advertisement and shall include the following warnings that
				must be in type size at least ten percent of the largest type used in the
				advertisement:
(a) for use only by adults 21
				and older;
(b) keep out of reach of
				children;
(c) this product is not
				approved by the FDA to treat, cure, or prevent any disease. FDA has not
				evaluated this product for safety, effectiveness, and quality;
(d) do not drive a motor vehicle or operate
				machinery while under the influence of cannabis; and
(e) there may be long term adverse health
				effects from consumption of cannabis, including additional risks for women who
				are or may become pregnant or are breastfeeding.