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 16.8.3.12 - CANNABIS FINISHED PRODUCT PACKAGING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unless otherwise specified, edible or
				topical cannabis finished products shall meet the following minimum packaging
				requirements:
(1) containers used for edible
				cannabis products or edible cannabis finished products shall be food-grade or
				GRAS and must not impart any toxic or deleterious substance to the packaged
				product;
(2) containers used for
				topical cannabis products and topical cannabis finished products must be
				suitable for the intended purpose and must not impart any toxic or deleterious
				substance to the packaged product;
(3) unless otherwise provided, containers
				shall be child-resistant. If the product is multiple use, or contains multiple
				servings, it shall also be packaged in a container that is resealable and
				continually child-resistant;
(4)
				cannabis finished products that contain only cannabis flower must be packaged
				in resealable containers and are not subject to the child resistant container
				requirement;
(5) containers shall
				be compostable and recyclable, or made from recycled materials;
(6) edible cannabis finished products
				packaged for commercial sale shall not exceed 10 milligrams of Total THC per
				serving, or 100 milligrams of Total THC per container;
(7) edible cannabis finished products
				packaged for qualified patients, qualified caregivers and reciprocal
				participants as defined by the Lynn and Erin Compassionate Use Act shall be
				identified for medical use only and shall not exceed 50 milligrams of Total THC
				per serving;
(8) single serving
				edible cannabis finished products that are placed into a child resistant
				container may be bundled into an exit package;
(9) edible cannabis finished products
				containing multiple servings in a single container shall:
(a) when in in solid form, be:
(i) easily separable in order to allow an
				average person 21 years of age or older to physically separate, with minimal
				effort, individual servings of the product; and
(ii) easily and permanently scored to
				identify individual servings;
(b) be packaged in a single serving size;
				and
(c) be marked, stamped, or
				otherwise imprinted with a logo designed and provided by the division that
				notifies a reasonable person that the product contains cannabis that is no
				smaller than 1/2 inch by 1/2 inch for each single serving contained in a
				multi-serving package.
(10) Unless as otherwise specified in
				Paragraph (10) of this subsection, liquid cannabis finished products shall be
				single-serving only.
(11) Each
				liquid cannabis finished product that is a multiple-serving edible cannabis
				finished product shall be:
(a) packaged in a
				structure that uses a single mechanism to achieve both child-resistant
				properties and accurate pouring measurement of each liquid serving in
				increments; and
(b) the measurement
				component is within the child-resistant cap or closure of the bottle and is not
				a separate component.
(12) A cannabis manufacturer shall maintain a
				copy of the certificate showing that each child-resistant container into which
				edible or topical cannabis finished product is placed is child-resistant and
				complies with the requirements of
				16 C.F.R.
				1700.15 and 16 C.F.R. 1700.20;
(13) Packaging containers shall not be
				designed to be appealing to a child and shall not use words that refer to
				products that are commonly associated with minors or marketed by minors,
				including use of the word(s) "candy" or "candies" on the label of any
				container.
(14) Once any remaining
				cannabis has been removed and destroyed pursuant to these rules, a cannabis
				establishment may reuse containers subject to the following requirements and
				restrictions:
(a) the containers have been
				sanitized and disinfected either by a cannabis establishment or by a
				third-party to ensure that they do not contain any harmful residue or
				contaminants, and
(b) if child
				resistant, the containers can be reused with new child resistant packaging that
				complies with
				16 C.F.R.
				1700.15 and 16 C.F.R. 1700.20; or if new
				child resistant packaging is not being used, based on a visual inspection, the
				existing child-resistant packaging appears to be in good working order and does
				not appear to pose a risk of unintended exposure or ingestion of cannabis. The
				visual inspection must ensure such containers are not brittle or have chips,
				cracks, or other imperfections that could compromise the child-resistant
				properties of the container or otherwise pose a threat of harm to a patient or
				consumer.
(15) Packaging
				for edible cannabis finished products packaged pursuant to the Lynn and Erin
				Compassionate Use Act that was purchased prior to January 11, 2022 may be used
				by a licensee until October 1, 2022.