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 16.8.2.8 - GENERAL OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
State and
				local laws:
Pursuant to the Cannabis Regulation Act, applicants and
				licensees shall comply with all applicable state and local laws that do not
				conflict with the Cannabis Regulation Act or the Lynn and Erin Compassionate
				Use Act, including laws governing food and product safety, occupational health
				and safety, environmental impacts, natural resource protection, construction
				and building codes, operation of a cannabis establishment, employment, zoning,
				building and fire codes, water use and quality, water supply, hazardous
				materials, pesticide use, wastewater discharge, and business or professional
				licensing.
B.
Licensure on
				federally recognized Indian Nation, Tribe or Pueblo:
The division shall
				not approve an application for licensure to operate within the exterior
				boundaries of a federally recognized Indian Nation, Tribe or Pueblo located
				wholly or partially in the state, unless the tribal government and the
				department have entered an intergovernmental agreement to coordinate the
				cross-jurisdictional administration of the laws of New Mexico and the laws of a
				tribal government relating to the Cannabis Regulation Act or the Lynn and Erin
				Compassionate Use Act.
C.
Age
				requirements:
All applicants for licensure, including controlling
				persons of applicants, must be at least 21 years of age. All employees of a
				commercial cannabis establishment must be at least 21 years of age.
D.
Consumption prohibited:
Licensees shall prohibit the consumption of cannabis or cannabis products on or
				within the licensed premises unless a cannabis consumption area has been
				approved by the division.
E.
Illegal sale or distribution:
Licensees shall not knowingly and
				intentionally sell, deliver, or transport cannabis or cannabis products to any
				person that is not authorized to possess and receive the cannabis or cannabis
				products pursuant to state law or division rules.
F.
Sales of alcoholic beverages
				prohibited:
Licensees are allowed to conduct other licensed activities,
				including activities pursuant to the Hemp Manufacturing Act, Section 76-24-3
et seq.
, NMSA 1978, except for sales of alcoholic
				beverages.
G.
No guarantee of
				licensure:
An applicant may not exercise any of the privileges of
				licensure until the division approves the license application and issues a
				license. The submission of an application is in no way a guarantee that the
				application will be accepted as complete. A license shall be granted or denied
				within 90 days upon acceptance of a completed application. Information provided
				by the applicant and used by the division for the licensing process shall be
				accurate and truthful. The division may initiate action to deny licensure, or
				other administrative action against an applicant or licensee, pursuant to the
				Uniform Licensing Act.
H.
Computation of time:
The word "days" as used in this rule means
				calendar days unless otherwise noted.
I.
Display of license:
A
				division license shall be displayed in a conspicuous place on the licensed
				premises and must be made available upon request by state and local agencies.
				If the licensed premises is open to the public, the license shall be displayed
				in an area that is within plain sight of the public.
J.
Inventory and sales
				equipment:
The division shall require licensees to utilize division
				approved track and trace equipment, software, and services.
K.
Limitation of licensed
				premises:
Licensees shall conduct cannabis establishment operations
				solely on licensed premises approved by the division.
L.
Multiple licensee premises:
Multiple licensees may, upon determination by the division, occupy a single
				licensed premises, provided each is individually licensed by the
				division.
M.
Reporting of
				theft or security incident to division:
Licensees shall submit to the
				division written notification of any attempted theft, theft, assault of
				employees or patrons, robbery or attempted robbery, break-in, or security
				breach that occurs on the licensee's premises, no later than 24 hours after the
				licensee first becomes aware of the event. The description shall include a
				description of any property that was stolen or destroyed, and the quantity of
				any cannabis plants, cannabis and cannabis products that were stolen. The
				licensee must provide a copy of the police report, video footage and any other
				supporting evidence requested by the division. The premises must be secured
				prior to continuing operations, including the replacement of locks, doors,
				windows, repair of damaged structures or access points with comparable or more
				secure replacement material.
N.
Non-transferable or assignable license:
A license shall not be
				transferred by assignment or otherwise to other persons or locations. Unless
				the licensee applies for and receives an amended license, the license shall be
				void and returned to the division when any one of the following situations
				occurs:
(1) location of the licensed premises
				changes;
(2) the discontinuance of
				operation at a licensed premises; or
(3) suspension or revocation of the license
				by the division.