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 16.8.2.20 - MONITORING OF LICENSEE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Monitoring:
The division may perform on-site assessments of an
				applicant or licensee during normal business hours to determine compliance with
				the Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, or
				division rules.
B.
Record
				access and review:
The division may review any and all records related
				to the operations of the licensee and may require and conduct interviews with
				such persons or entities and persons affiliated with such entities, for the
				purpose of determining compliance with division rules or applicable laws. The
				division shall have access to the financial records of a licensee, including
				sales records and data from point-of-sale systems, and shall be granted
				immediate access to inspect or copy those records upon request.
C.
Access to premises:
Licensees
				shall provide the division timely access to any material and information
				necessary for determining compliance with division rules or applicable laws.
				Failure by a licensee to provide the division access to the premises or
				materials may result in disciplinary action.
D.
Monitoring documents:
Any
				failure to adhere to division rules or applicable laws documented by the
				division during monitoring may result in disciplinary action.
E.
Report to law enforcement:
The division shall refer suspected criminal activity or complaints alleging
				criminal activity that are made against a licensee to appropriate federal,
				state, or local law enforcement authorities.
F.
Financial records:
Licensees
				shall maintain detailed sales records in a manner and format approved by the
				division, inform the division of the location where such records are kept, and
				promptly update the division if the records are removed.
G.
Audit:
Licensees shall submit
				the results of a biennial audit to the division. The audit shall be conducted
				by an independent certified public accountant; the costs of which shall be
				borne by the licensee. Results of the audit shall be forwarded to the division.
				The division may extend, in writing, a licensees audit requirement to three
				years following the timely submission of two biennial unqualified audits or two
				biennial unqualified reports.
H.
Producer reports:
A cannabis producer licensee shall submit
				reports on an annual basis, or as otherwise reasonably requested, and in the
				format specified by the division. The annual report shall include:
(1) actual water and energy use in the
				preceding 12 months;
(2)
				demographic information required pursuant to the Cannabis Regulation Act,
				including data as defined by the applicant's social and economic equity plan,
				and the divisions published social and economic equity plan;
(3) progress made toward the licensee's
				social and economic equity plan; and
(4) all quality testing reports, to be
				included as attachments.