New Mexico Register / Volume XXXVI,
Issue 14 / July 29, 2025
NOTICE OF PROPOSED RULE HEARING
Public Hearing. The New Mexico Regulation and Licensing Department (RLD),
Cannabis Control Division (CCD), will hold a public rule hearing on September
3, 2025, at 9:00 am. The rule hearing
will be held at the Rio Grande Conference Room in the Toney Anaya State Office
Building located at 2550 Cerrillos Road, Santa Fe, New Mexico. The hearing will be live-streamed via
Internet-based video and via telephone for those wishing to observe the
hearing. Individuals wishing to
participate and offer comment on the proposed rules will appear in-person at
the hearing location. A PDF of the
proposed rule and meeting details may be accessed through the Cannabis Control
Division website: https://www.rld.nm.gov/cannabis/ or from Victoria
Kaniatobe at the contact information listed below.
Purpose of Rule Hearing. The purpose of the public rule hearing is to receive
public commentary regarding the proposals for amendments to rules as described
below.
Any technical information
used to inform the proposed rules will be accessible by visiting: https://www.rld.nm.gov/cannabis/.
Statutory Authority. Legal authority for this rulemaking may be found the
Cannabis Regulation Act (CRA), Section 26-2C-1 through Section 26-2C-42 NMSA
1978 (2021). Additional authority may be found at Section 9-16-6 NMSA 1978
(2021).
Public Comment. The CCD will begin accepting written public comments
on the proposed rules beginning July
29, 2025.
Please submit written comments on the proposed rules to Bradford
A. Borman, Attorney for the Cannabis Control Division, via electronic mail at
ccd.publiccomment@state.nm.us. Written
comments may also be submitted by visiting the CCD website at https://www.rld.nm.gov/cannabis/
or by mailing the comment to the following address:
Cannabis Control Division Public Comment
c/o Bradford A. Borman
P.O. Box 25101
Santa Fe, NM 87504
All public comments must be
received by the close of the public rule hearing on September 3, 2025,
Persons will also be given the opportunity to present their comments at the
rule hearing. Comments received prior to
the rule hearing will be posted to the RLD website at: https://www.rld.nm.gov/cannabis/.
No later than July 29, 2025,
interested parties may obtain and review copies of the proposed rules and
public comments by going to the Cannabis Control Division website at https://www.rld.nm.gov/cannabis/
or by contacting the Cannabis Control Division at
RLD.CannabisControl@rld.nm.gov or (505) 476-4995.
Any individual with a
disability who is in need of a reader, amplifier,
qualified sign language interpreter, or other form of auxiliary aid or service
to attend or participate in the hearing should contact Victoria Kaniatobe,
Legal Clerk for the Cannabis Control Division at Victoria.Kaniatobe@rld.nm.gov
or (505) 476-4577 at least seven (7) days prior to the hearing.
The Cannabis Control Division
(CCD) of the New Mexico Regulation and Licensing Department (RLD) is proposing
to create New Mexico Administrative Code (NMAC) rule 16.8.9 NMAC, Embargo,
Recall and Seizure of Cannabis as directed by House Bill 10 of the 2025
Legislative Session.
The CCD is proposing to
create the rule as follows:
The proposed new rule
establishes procedures and licensee responsibilities related to the embargo,
recall, seizure, and condemnation of cannabis and cannabis products. It
outlines the CCD’s authority to restrict movement of cannabis, issue mandatory
recalls, coordinate with law enforcement on seizures and pursue administrative
or judicial actions to ensure public health and regulatory compliance. The rule
sets standards for applicant and licensee cooperation during investigations,
defines conditions and protocols for product holds and destruction, and
includes due process protections through notice and hearing procedures. It also
establishes detailed inventory management and tracking requirements during
enforcement actions, including mandatory tagging, segregation, and secure
storage of embargoed or recalled products. Licensees are required to main
inventory continuity, audit trails, and camera surveillance of affected
products, and are prohibited from any unauthorized movement, alteration, or
sale. The rule also mandates written procedures for voluntary recalls,
immediate notification to the CCD, and thorough documentation of all actions
taken.
Summary of Proposed
Amended Rules.
16.8.1.7 Definitions
·
Adds definition
of “audited product”.
·
Adds definition
of “deli-style”.
·
Adds definition
of “flowering”.
·
Adds definition
of “inhaled product”.
·
Adds definition
of “mature plant”.
·
Adds definition
of “oral consumption”.
·
Adds definition
of “representative sample”.
·
Adds definition
of “skin and body product(s)”.
16.8.1.11 Cannabis Regulatory
Advisory Committee Meetings
·
Clarifies that
meetings of the Cannabis Regulatory Advisory Committee may be held remotely at
the discretion of the Superintendent of the Regulation and Licensing
Department.
16.8.2.8 General Operational
Requirements for Cannabis Establishments
·
Prohibition
against licensees providing free non-medical cannabis moved from 16.8.2.40
NMAC.
16.8.2.11 Recall of Cannabis
·
Removes section
in its entirety, as the new proposed section 16.8.9 NMAC provides regulations
related to the recall of cannabis.
16.8.2.12 Chain of Custody
·
Modifies the information
required of licensees related to chain of custody documentation.
16.8.2.13 Requirements for
the Transportation of Cannabis
·
Clarifies
shipping manifest documentation required of licensees related to the transport
of cannabis products.
16.8.2.20 Monitoring of Licensee
·
Adds requirement
for licensees to maintain complete and accessible personnel records for all
workers, including employees and contractors, for at least two (2) years after
separation.
·
Eliminates the
requirement that licensees submit a biennial audit to the CCD.
16.8.2.21 Cannabis Producer Licensure; General
Provisions
·
Removes reference
to Subsection BB of 16.8.2.8 NMAC, which does not exist.
16.8.2.22 Application Requirements for Cannabis
Producer License
·
Adds requirement
for applicants and licensees to provide proof of lawful possession of the
proposed or licensed premises through ownership or a completed property owner
acknowledgment form.
16.8.2.27 Minimum Requirements for
the Production of Cannabis
·
Corrects
referenced rule for cannabis waste procedures.
16.8.2.29 Cannabis Manufacturer Licensure; General
Provisions
·
Clarifies that
licensed manufacturers may only conduct activities authorized for the class for
which they are licensed.
·
Clarifies that
restriction on manufacturing without a license encompasses all cannabis
products.
·
Modifies the
prohibited additives to cannabis products and separately addresses products for
oral consumption.
16.8.2.30 Application Requirements
for Cannabis Manufacturer License
·
Removes topicals
from the requirement to obtain authority from the New Mexico environment
department.
·
Adds requirement
for applicants and licensees to provide proof of lawful possession of the
proposed or licensed premises through ownership or a completed property owner
acknowledgment form.
16.8.2.34 Minimum Standards for the Manufacture of
Cannabis Products
·
Adds clarity
regarding requirements for manufacturing I licensees engaging in deli-style
transactions at a co-located common ownership retail license.
·
Clarifies
restrictions on cannabis conversions.
16.8.2.36 Application Requirements for Cannabis
Retailer Licensee
·
Adds requirement
for applicants and licensees to provide proof of lawful possession of the
proposed or licensed premises through ownership or a completed property owner
acknowledgment form.
16.8.2.40 Minimum Standards for Retail of Cannabis
Products
·
Removes
prohibition on sale or consumption of cannabis products removed from packaging
for display.
·
Prohibition
against licensees providing free non-medical cannabis moved to 16.8.2.11 NMAC.
·
Clarifies
delivery of cannabis products to consumers is to be made only by licensed
cannabis couriers, exclusively to residential addresses.
16.8.2.41 Cannabis Courier Licensure; General
Provisions
·
Identifies
approved sources of payment for cannabis delivery as any legal method of
payment including gift card pre-payments but excluding Electronic Benefits
Transfer Services Card.
·
Reduces maximum
retail value of cannabis allowed in a courier vehicle to five thousand dollars
($5,000).
·
Adds clarity
regarding intervals for cannabis delivery to consumers.
16.8.2.43 Cannabis Testing Laboratory License; General
Provisions
·
Clarifies that
individuals with an interest in or employed by a cannabis establishment may not
also hold an interest, invest in or be employed by a cannabis testing lab.
16.8.2.44 Application Requirements for Cannabis
Testing Laboratory License
·
Adds requirement for
applicants and licensees to provide proof of lawful possession of the proposed
or licensed premises through ownership or a completed property owner
acknowledgment form.
16.8.2.45 Submittal of Application for Amended
Cannabis Testing Laboratory License
·
Reorganizes the
rule to clarify a material or substantial modification of the premises as:
o
an increase or decrease in size;
o
a sale of the
property used for the testing laboratory;
o
the purchase of
additional property for the laboratory; or
o
a change in the
laboratory’s location.
·
Identifies
requirements for approval of a material or substantial change in testing
methods
o
Includes change
in the type of instrument used in testing for required analyte
o
Limits material
or substantial changes to testing methods to once a year at time of license
renewal
o
Requires
submission of any information representing material or substantial change and
an initial demonstration of capability for any new or materially changed
testing method.
16.8.2.48 Minimum Standards for the Testing of
Cannabis Products
·
Updates the
standard sample size for microbial test samples to no less than one gram, and
the standard sample size for non-microbial test samples to no less than 0.5
grams
·
Updates table 1,
Minimum quantity of sample increments.
·
Updates the
minimum quantity of sample increments:
o
For a dried
cannabis batch size of five or less pounds, a minimum sample increment of 10;
o
For a dried batch
size of 5 to 15 pounds, a sample increment of 10 plus 5 per pound or fraction
thereof above five pounds; and
o
For a Topicals,
edibles, concentrates, and volatile solvents batch size of two pounds or less,
a sample increment of 10;
o
For a Topicals,
edibles, concentrates, and volatile solvents batch size greater than two
pounds, a sample increment of 5 per pound.
·
Removes the
option to use for internal control purposes a portion of a cannabis test sample
that is not destroyed.
16.8.2.49 Cannabis Consumption Area Licensure; General
Provisions
·
Limits all
cannabis products to be consumed at licensed cannabis consumption areas to
pre-packaged 10 mg or less units purchased at the consumption area.
16.8.2.54 Minimum Standards
for Cannabis Consumption Areas:
·
Adds requirement for
cannabis consumption lounge to maintain a copy of a passing finished product
Certificate of Analysis (COA) for all products available for consumption.
16.8.3.9 Cannabis Finished
Product Labeling
·
Adds to the
principal display label on cannabis products the requirement to include the
license number of the retail licensee that sold the finished cannabis product.
·
Adds requirement
to include the name and license number of the testing lab that completed the
finished product test.
·
Adds requirement
to include the date the finished product test was performed.
16.8.3.10 Cannabis Seed and
Immature Cannabis Plant Labeling:
·
Adds requirement
to include cannabis producer license number, strain name, strain names of
parent strains, germination rate and tetrahydrocannabinol (THC) thresholds on
cannabis seeds and cannabis immature plants.
·
Adds requirement
to provide mother plant COA at the time of sale.
16.8.3.12 Cannabis Finished
Product Packaging
·
Adds a
requirement that every regulated cannabis product be in an opaque, resealable
and continually child-resistant container at the time of transfer to a cannabis
retail licensee and consumer.
·
Clarifies an
exception for medical cannabis to the Total THC limitation of 10 mg per serving
and 800 mg per package.
·
Eliminates
requirement that liquid cannabis finished products be single serving only.
·
Eliminates as
unneeded the runway for selling medical cannabis packaged prior to the
enactment of the CRA.
16.8.3.13 Exit Packaging
·
Eliminates the
requirement for exit packaging.
16.8.7.15 Required Testing of
Cannabis Products
·
Clarifies
required testing of cannabis products in Table 1.
·
Clarifies limits
to potency retesting.
·
Eliminates an
exception to required testing for pesticide residue for any cannabis product
made from cannabis concentrate or extract that has verified pesticide residue
test results. Testing of such products for pesticide residue will now be
required.
·
Limits re-testing
by a cannabis establishment of failed samples to one re-test by any state
licensed cannabis testing laboratory.
·
Adds a
requirement that any cannabis finished product that has been remediated due to
microbial contaminants be labeled as Remediated.
·
Clarifies that
cannabis that fails a test for pesticides is subject to destruction under CCD
wastage rule.
16.8.8.9 Cannabis Plant Tier
Levels
·
Eliminates the
authority of licensee to increase its authorized plant count
up to eight increments at a time.
16.8.8.10 Plant Increase
Request
·
Eliminates from
the CCD’s factors to consider in a licensee’s request to increase its plant
count:
o
That the licensee
has met the required minimum sale of medical cannabis each of the most recent
three months; and
o
Whether there is
a shortage of medical cannabis during the most recent six-month period.
16.8.11.8 General Provisions
for Fees:
·
Requires all
payments to originate from an authorized payment source and establishes
consequences for unauthorized payments, including application incompleteness
and expiration. Effective date for this provision to be January 1, 2027.
16.8.11.15 Retailer Fee
Discount for Microbusiness Consignment Contract
·
Establishes
eligibility criteria, limitations and compliance requirements for a licensing
fee discount based on consignment contracts between retailer licensees and
cannabis microbusinesses.