# 7.34.4.7 NMAC: Section 7. Definitions

> New Mexico · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/SREGS_NM_T7_C34_P4_S7

## Section

- **Citation:** 7.34.4.7 NMAC
- **Heading:** Section 7. Definitions
- **Jurisdiction:** New Mexico
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** NMAC / Title 7 (HEALTH) / Chapter 34 (MEDICAL USE OF CANNABIS) / Part 4 (LICENSING REQUIREMENTS FOR PRODUCERS, COURIERS, MANUFACTURERS) / Section 7

## Text

A. Definitions beginning with “A”: (1) “Act” means the Lynn and Erin Compassionate Use Act, Sections 26-2B-1 through 26- 2B-7 NMSA 1978. (2) “Adequate supply” means an amount of cannabis, in any form approved by the department, possessed by a qualified patient or collectively possessed by a qualified patient and the qualified patient's primary caregiver that is determined by rule of the department to be no more than reasonably necessary to ensure the uninterrupted availability of cannabis for a period of three months and that is derived solely from an intrastate source. (3) “Administrative review committee” means an intra-department committee that reviews qualified patient or primary caregiver application denials, licensed producer denials made by the program director, or the summary suspension of a producer’s license, in accordance with department rules. The administrative review committee shall consist of the chief medical officer of the department (or that’s person’s designee); a deputy secretary of the department (or that person’s designee), and the chief nursing officer of the department (or that person’s designee). (4) “Administrative withdrawal” means the procedure for the voluntary withdrawal of a qualified patient or primary caregiver from the medical cannabis program. (5) “Advisory board” means the medical cannabis advisory board consisting of nine practitioners knowledgeable about the medical use of cannabis, who are appointed by the secretary. 7.34.4 NMAC 2 (6) “Applicant” means any person applying for enrollment or re-enrollment in the medical cannabis program as a qualified patient, primary caregiver, or licensed producer. (7) “Approved entity” means a manufacturer, laboratory, or courier. B
cal cannabis advisory board consisting of nine practitioners knowledgeable about the medical use of cannabis, who are appointed by the secretary. 7.34.4 NMAC 2 (6) “Applicant” means any person applying for enrollment or re-enrollment in the medical cannabis program as a qualified patient, primary caregiver, or licensed producer. (7) “Approved entity” means a manufacturer, laboratory, or courier. B. Definitions beginning with “B”: “Batch” means, with regard to usable cannabis, an identified quantity of cannabis no greater than five pounds that is of the same strain of cannabis, that is harvested during the same specified time period from the same specified cultivation area, , and with respect to which the same agricultural practices were utilized, including the use of any pesticides; and with regard to concentrated and cannabis-derived product, means an identified quantity that is uniform, that is intended to meet specifications for identity, strength, and composition, and that is manufactured, packaged, and labeled during a specified time period according to a single manufacturing, packaging, and labeling protocol. C. Definitions beginning with “C”: (1) “Cannabis” means all parts of the plant Cannabis sativa L. containing a delta-9- tetrahydrocannabinol concentration of more than three-tenths percent on a dry weight basis, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin; and does not include the mature stalks of the plant; fiber produced from the stalks; oil or cake made from the seeds of the plant; any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake; the sterilized seed of the plant that is incapable of germination; the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink or another product; or hemp
ber produced from the stalks; oil or cake made from the seeds of the plant; any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake; the sterilized seed of the plant that is incapable of germination; the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink or another product; or hemp. (2) “Cannabis consumption area” means an area within a licensed nonprofit producer’s premises that is approved by the department, where cannabis may be consumed by qualified patients, in accordance with department rules. (3) “Cannabis-derived product” means a product, other than cannabis itself, which contains or is derived from cannabis, not including hemp. (4) “Cannabis establishment” means: (a) a licensed cannabis courier; (b) a licensed cannabis testing facility; (c) a licensed cannabis manufacturer; (d) a licensed non-profit producer; or (e) such other person that the department may by rule approve for participation in the medical cannabis program. (5) “CBD means cannabidiol, a cannabinoid and the primary non-psychoactive ingredient found in cannabis. (6) “CBDA” means cannabidiolic acid, a non-psychoactive ingredient found in cannabis and an acid precursor to CBD. (7) “Concentrated cannabis-derived product (“concentrate”)” means a cannabis-derived product that is manufactured by a mechanical or chemical process that separates any cannabinoid from the cannabis plant, and that contains (or that is intended to contain at the time of sale or distribution) no less than thirty-percent THC by weight. (8) “Courier” means a cannabis courier as defined by the Lynn and Erin Compassionate Use Act, Subsection D of Section 26-2B-3 NMSA 1978, that has been approved by the department specifically to transport usable cannabis and cannabis products within the state of New Mexico, from a cannabis establishment to a qualified patient, a primary caregiver, or another cannabis establishment. D
THC by weight. (8) “Courier” means a cannabis courier as defined by the Lynn and Erin Compassionate Use Act, Subsection D of Section 26-2B-3 NMSA 1978, that has been approved by the department specifically to transport usable cannabis and cannabis products within the state of New Mexico, from a cannabis establishment to a qualified patient, a primary caregiver, or another cannabis establishment. D. Definitions beginning with “D”: (1) “Debilitating medical condition” means: (a) cancer; (b) glaucoma; (c) multiple sclerosis; (d) damage to the nervous tissue of the spinal cord, with objective neurological indication of intractable spasticity; (e) epilepsy; (f) positive status for human immunodeficiency virus or acquired immune deficiency syndrome; (g) admission into hospice care in accordance with rules promulgated by the department; (h) amyotrophic lateral sclerosis; 7.34.4 NMAC 3 (i) Crohn’s disease; (j) hepatitis C infection; (k) Huntington’s disease; (l) inclusion body myositis; (m) inflammatory autoimmune-mediated arthritis; (n) intractable nausea or vomiting; (o) obstructive sleep apnea; (p) painful peripheral neuropathy; (q) Parkinson’s disease; (r) posttraumatic stress disorder; (s) severe chronic pain; (t) severe anorexia or cachexia; (u) spasmodic torticollis; (v) ulcerative colitis; or (w) any other medical condition, medical treatment, or disease as approved by the department which results in pain, suffering, or debility for which there is credible evidence that medical use cannabis could be of benefit. (2) “Department” means the department of health or its agent. (3) “Diversion” means the unlawful transfer of a cannabis plant, plant material, or cannabis- derived product. (4) “Dried usable cannabis” means the dried leaves, flowers, and trim of the female cannabis plant, but does not include the seeds, stalks, or roots of the cannabis plant. E. Definitions beginning with “E”: [RESERVED] F
enefit. (2) “Department” means the department of health or its agent. (3) “Diversion” means the unlawful transfer of a cannabis plant, plant material, or cannabis- derived product. (4) “Dried usable cannabis” means the dried leaves, flowers, and trim of the female cannabis plant, but does not include the seeds, stalks, or roots of the cannabis plant. E. Definitions beginning with “E”: [RESERVED] F. Definitions beginning with “F”: “Facility” means any building, space, or grounds licensed for the production, possession, testing, manufacturing, or distribution of cannabis, concentrates, or cannabis-derived products. G. Definitions beginning with “G”: [RESERVED] H. Definitions beginning with “H”: “Hemp” means the plant cannabis sativa L. and any part of the plant, whether growing or not, containing a delta-9-tetrahydrocannabinol concentration of no more than three-tenths percent on a dry weight basis. I. Definitions beginning with “I”: (1) “Intrastate” means existing or occurring within the state boundaries of New Mexico. (2) “Inversion” means the unlawful acquisition of a cannabis plant, plant material, or cannabis-derived product. J. Definitions beginning with “J”: [RESERVED] K. Definitions beginning with “K”: [RESERVED] L. Definitions beginning with “L”: (1) “Laboratory” means a licensed cannabis testing facility as defined in the Lynn and Erin Compassionate Use Act, Subsection I of Section 26-2B-3 NMSA 1978, that has been approved by the department specifically for the testing of cannabis, concentrates, and cannabis derived products. (2) “Laboratory applicant” means a laboratory that seeks to become an approved laboratory, or that seeks renewal of approval as an approved laboratory, in accordance with this rule. (3) “Licensed producer” means a person or entity licensed to produce medical cannabis
978, that has been approved by the department specifically for the testing of cannabis, concentrates, and cannabis derived products. (2) “Laboratory applicant” means a laboratory that seeks to become an approved laboratory, or that seeks renewal of approval as an approved laboratory, in accordance with this rule. (3) “Licensed producer” means a person or entity licensed to produce medical cannabis. (4) “Lot” means an identified portion of a batch, that is uniform and that is intended to meet specifications for identity, strength, and composition; or, in the case of a cannabis-derived product or concentrate, an identified quantity produced in a specified period of time in a manner that is uniform and that is intended to meet specifications for identity, strength, and composition. M. Definitions beginning with “M”: (1) “Male plant” means a male cannabis plant. (2) “Manufacture” means to prepare a cannabis product. (3) “Manufacturer” means a cannabis manufacturer as defined in the Lynn and Erin Compassionate Use Act, Subsection F of Section 26-2B-3 NMSA 1978, that has been approved by the department specifically to manufacture cannabis products; package, transport or courier cannabis products; have cannabis products tested by a cannabis testing facility; purchase, obtain, sell and transport cannabis products to other cannabis establishments; and prepare products for personal production license holders. (4) “Mature female plant” means a harvestable female cannabis plant that is flowering. 7.34.4 NMAC 4 (5) “Medical cannabis program” means the administrative body of the department charged with the management of the medical cannabis program and enforcement of program regulations, to include issuance of registry identification cards, licensing of producers, and regulation of manufacturing and distribution. (6) “Medical cannabis program director” means the administrator of the medical cannabis program who holds that title
rogram” means the administrative body of the department charged with the management of the medical cannabis program and enforcement of program regulations, to include issuance of registry identification cards, licensing of producers, and regulation of manufacturing and distribution. (6) “Medical cannabis program director” means the administrator of the medical cannabis program who holds that title. (7) “Medical director” means a medical practitioner designated by the department to determine whether the medical condition of an applicant qualifies as a debilitating medical condition eligible for enrollment in the program, and to perform other duties. (8) “Medical provider certification for patient eligibility form” means a written certification form provided by the medical cannabis program signed by a patient's practitioner that, in the practitioner's professional opinion, the patient has a debilitating medical condition as defined by the act or this part and would be anticipated to benefit from the use of cannabis. (9) “Minor” means an individual who is less than 18 years of age. N. Definitions beginning with “N”: “Non-profit producer” means a New Mexico corporation that has been designated as a non-profit corporation by the New Mexico secretary of state, that has been licensed by the department to possess, produce, dispense, distribute and manufacture cannabis and cannabis products and sell wholesale or by direct sale to qualified patients and primary caregivers. O. Definitions beginning with “O”: [RESERVED] P. Definitions beginning with “P”: (1) “Paraphernalia” means any equipment, product, or material of any kind that is primarily intended or designed for use in compounding, converting, processing, preparing, inhaling, or otherwise introducing cannabis or its derivatives into the human body. (2) “Patient enrollment/re-enrollment form” means the registry identification card application form for patient applicants provided by the medical cannabis program
means any equipment, product, or material of any kind that is primarily intended or designed for use in compounding, converting, processing, preparing, inhaling, or otherwise introducing cannabis or its derivatives into the human body. (2) “Patient enrollment/re-enrollment form” means the registry identification card application form for patient applicants provided by the medical cannabis program. (3) “Permanent structure” means a building or structure that is placed on the land for the foreseeable future that is anchored to a permanent foundation, that is roofed and walled, and which requires a building permit from a local and or state governing authority. (4) “Personal production license” means a license issued to a qualified patient or to a qualified patient’s primary caregiver participating in the medical cannabis program to permit the qualified patient or the qualified patient's primary caregiver to produce cannabis for the qualified patient's use at an address approved by the department. (5) “Pesticide” means a pesticide as defined by the New Mexico Pesticide Control Act, Section 76-4-3, NMSA 1978. (6) “Petitioner” means any New Mexico resident or association of New Mexico residents petitioning the advisory board for the inclusion of a new medical condition, medical treatment, or disease to be added to the list of debilitating medical conditions that qualify for the use of cannabis. (7) “Plant” means any cannabis plant, cutting, or clone that has roots or that is cultivated with the intention of growing roots. (8) “Policy” means a written statement of principles that guides and determines present and future decisions and actions of the licensed producer. (9) “Practitioner” means a person licensed in New Mexico to prescribe and administer drugs that are subject to the Controlled Substances Act, Sections 30-31-1 et seq., NMSA 1978
e that has roots or that is cultivated with the intention of growing roots. (8) “Policy” means a written statement of principles that guides and determines present and future decisions and actions of the licensed producer. (9) “Practitioner” means a person licensed in New Mexico to prescribe and administer drugs that are subject to the Controlled Substances Act, Sections 30-31-1 et seq., NMSA 1978. (10) “Primary caregiver” means a resident of New Mexico who is at least 18 years of age and who has been designated by the qualified patient or their representative and the patient’s practitioner as being necessary to take responsibility for managing the well-being of a qualified patient with respect to the medical use of cannabis pursuant to the provisions of the Lynn and Erin Compassionate Use Act, Section 26-2B-1 et seq., NMSA 1978. (11) “Primary caregiver application form” means the registry identification card application form provided by the medical cannabis program. (12) “Private entity” means a private, non-profit organization that applies to become or is licensed as a producer and distributor of cannabis, concentrates, or cannabis-derived products. (13) “Produce” means to engage in any activity related to the planting or cultivation of cannabis. (14) “Proficiency testing” means testing conducted by the department or its agent to determine the ability of a laboratory applicant or approved laboratory to accurately identify presence, quantity, or other factors pertaining to a given analyte. 7.34.4 NMAC 5 Q. Definitions beginning with “Q”: “Qualified patient” means a resident of New Mexico who has been diagnosed by a practitioner as having a debilitating medical condition and has received a registry identification card issued pursuant to the requirements of the act or department rules. R. Definitions beginning with “R”: (1) “Recall” means to request the return of a product after the discovery of a safety issue or product defect
“Q”: “Qualified patient” means a resident of New Mexico who has been diagnosed by a practitioner as having a debilitating medical condition and has received a registry identification card issued pursuant to the requirements of the act or department rules. R. Definitions beginning with “R”: (1) “Recall” means to request the return of a product after the discovery of a safety issue or product defect. (2) “Reciprocal limit” means the quantity of cannabis and cannabis products that a reciprocal participant can use and possess in a given year pursuant to department rule. (3) “Reciprocal participant” means an individual who holds proof of authorization to participate in the medical cannabis program of another state of the United States, the District of Columbia, a territory or commonwealth of the United States or a New Mexico Indian nation, tribe or pueblo. (4) “Registry identification card” means a document issued and owned by the department which identifies a qualified patient authorized to engage in the use of cannabis for a debilitating medical condition or a document issued by the department which identifies a primary caregiver authorized to engage in the intrastate possession and administration of cannabis for the sole use of the qualified patient. (5) “Representative” means an individual designated as the applicant’s or petitioner’s agent, guardian, surrogate, or other legally appointed or authorized health care decision maker. S. Definitions beginning with “S”: (1) “Secretary” means the secretary of the New Mexico department of health. (2) “Secure grounds” means a facility that provides a safe environment to avoid loss or theft. (3) “Security alarm system” means any device or series of devices capable of alerting law enforcement , including, but not limited to, a signal system interconnected with a radio frequency method such as cellular, private radio signals, or other mechanical or electronic device used to detect or report an emergency or unauthorized intrusion
y that provides a safe environment to avoid loss or theft. (3) “Security alarm system” means any device or series of devices capable of alerting law enforcement , including, but not limited to, a signal system interconnected with a radio frequency method such as cellular, private radio signals, or other mechanical or electronic device used to detect or report an emergency or unauthorized intrusion. (4) “Security policy” means the instruction manual or pamphlet adopted or developed by the licensed producer containing security policies, safety and security procedures, and personal safety and crime prevention techniques. (5) “Seedling” means a cannabis plant that has no flowers and that is less than 12 inches in height, as measured vertically in the plant’s natural position from the uppermost part of the root system (or from the soil line, if the plant is planted in soil) to the tallest point of the plant. (6) “Segregate” means to separate and withhold from use or sale batches, lots, cannabis, usable cannabis, or cannabis-derived products in order to first determine its suitability for use through testing by an approved laboratory. T. Definitions beginning with “T”: (1) “THC” means tetrahydrocannabinol, a cannabinoid that is the primary psychoactive ingredient in cannabis. (2) “THCA” means tetrahydrocannabinolic acid, a non-psychoactive ingredient in cannabis and an acid precursor to THC. (3) “Technical evidence” means scientific, clinical, medical, or other specialized testimony, or evidence, but does not include legal argument, general comments, or statements of policy or position concerning matters at issue in the hearing
mary psychoactive ingredient in cannabis. (2) “THCA” means tetrahydrocannabinolic acid, a non-psychoactive ingredient in cannabis and an acid precursor to THC. (3) “Technical evidence” means scientific, clinical, medical, or other specialized testimony, or evidence, but does not include legal argument, general comments, or statements of policy or position concerning matters at issue in the hearing. (4) “Telemedicine” means the use of telecommunications and information technology to provide clinical health care from a site apart from the site where the patient is located, in real time or asynchronously including the use of interactive simultaneous audio and video or store-and-forward technology, or off-site patient monitoring and telecommunications in order to deliver health care services. (5) “Testing” means testing of cannabis and cannabis derived products, consistent with provisions of this rule. U. Definitions beginning with “U”: (1) “Unit” means a quantity of usable cannabis, concentrate, or cannabis-derived product that is used in identifying the maximum supply that a qualified patient may possess for purposes of department rules. (2) “Usable cannabis” means the dried leaves and flowers of the female cannabis plant and cannabis-derived products, including concentrates, but does not include the seeds, stalks, or roots of the plant. V. Definitions beginning with “V”: [RESERVED] W. Definitions beginning with “W”: “Wastage” means the destruction of usable cannabis or cannabis plants. 7.34.4 NMAC 6 X. Definitions beginning with “X”: [RESERVED] Y. Definitions beginning with “Y”: [RESERVED] Z. Definitions beginning with “Z”: [RESERVED] [7.34.4.7 NMAC - Rp, 7.34.4.7 NMAC, 6/23/2020] 7.34.4.8 PRODUCER LICENSING; GENERAL PROVISIONS: A. The department may license two classes of producers: (1) A qualified patient or primary caregiver who holds a valid personal production license
ants. 7.34.4 NMAC 6 X. Definitions beginning with “X”: [RESERVED] Y. Definitions beginning with “Y”: [RESERVED] Z. Definitions beginning with “Z”: [RESERVED] [7.34.4.7 NMAC - Rp, 7.34.4.7 NMAC, 6/23/2020] 7.34.4.8 PRODUCER LICENSING; GENERAL PROVISIONS: A. The department may license two classes of producers: (1) A qualified patient or primary caregiver who holds a valid personal production license. A qualified patient or primary caregiver who holds a valid personal production license is authorized to possess no more than four mature female plants and a combined total of 12 seedlings and male plants, and may possess no more than an adequate supply of usable cannabis, as specified in department rule; provided that a qualified patient or qualified patient’s primary caregiver may possess that qualified patient’s harvest of cannabis. A personal production license holder may additionally obtain usable cannabis, seeds, or plants from licensed non-profit producers. The primary caregiver of a qualified patient who holds a personal production license may assist the qualified patient to produce medical cannabis at the designated licensed location that is identified on the personal production license. (2) A non-profit producer that operates a facility and, at any one time, is limited to a combined total of no greater than 1,750 cannabis plants, not including seedlings, and an inventory of usable cannabis and seeds that reflects current patient needs. A non-profit producer may possess any quantity of seedlings, as defined in this rule. A non-profit producer shall not possess a quantity of cannabis plants that exceeds the quantities authorized by their licensure and associated licensing fee. A licensed non-profit producer may sell and distribute usable cannabis to a person or entity authorized to possess and receive it. A licensed non-profit producer may obtain plants, seeds and usable cannabis from other licensed non-profit producers. B
ofit producer shall not possess a quantity of cannabis plants that exceeds the quantities authorized by their licensure and associated licensing fee. A licensed non-profit producer may sell and distribute usable cannabis to a person or entity authorized to possess and receive it. A licensed non-profit producer may obtain plants, seeds and usable cannabis from other licensed non-profit producers. B. Increase to non-profit producer plant limit: The department may increase the cannabis plant limitation for a licensed non-profit producer in accordance with the following: (1) Effective June 1, 2021, a non-profit producer may request an increase of up to 500 plants that exceeds the total plants allowed in Paragraph (2) of Subsection A of 7.34.4.8 NMAC at the time of renewal of its licensure period. In order to be considered for approval by the department, the non-profit producer shall demonstrate a need for the plant count increase to meet demand for their qualified patients. The non-profit producer shall provide the following information to the department to demonstrate the need for a plant count increase: (a) average yield of usable cannabis flower and trim produced by the non-profit producer from the past 12 months; (b) current reported inventory of cannabis and cannabis-derived products; (c) percentage of usable cannabis and cannabis-derived products that was sold to qualified patients, primary caregivers, or to another licensed producer or manufacturer; and (d) any other information requested by the department
ld of usable cannabis flower and trim produced by the non-profit producer from the past 12 months; (b) current reported inventory of cannabis and cannabis-derived products; (c) percentage of usable cannabis and cannabis-derived products that was sold to qualified patients, primary caregivers, or to another licensed producer or manufacturer; and (d) any other information requested by the department. (2) The department shall make a determination to approve or deny the non-profit producer’s request to increase plant count based on the following factors: (a) the non-profit producer has sold at least eighty percent of its usable cannabis for the last 12 months it has operated; (b) the non-profit producer’s current inventory and average yield of usable cannabis is consistent with current averages from other licensed producers; (c) the number and severity of complaints and enforcement actions on the non- profit licensed producer; (d) the information provided by non-profit producer is consistent with the quarterly reports or inventory tracking information it has provided to the department within the last 12 months; (e) supply and demand of medical cannabis throughout the state and in underserved geographical regions; and (f) the completeness of information and data provided to the department. (3) Effective June 1, 2021, a non-profit producer may request an emergency increase once per year outside of their license renewal period, of up to 500 plants that exceeds the total plants allowed in Paragraph (2) of Subsection A of 7.34.4.8 NMAC, at any time. The non-profit producer shall demonstrate a need for the plant count increase to meet demand for their qualified patients, and shall submit to the department the information identified in Paragraph (1) of Subsection B of 7.34.4.8 NMAC
ar outside of their license renewal period, of up to 500 plants that exceeds the total plants allowed in Paragraph (2) of Subsection A of 7.34.4.8 NMAC, at any time. The non-profit producer shall demonstrate a need for the plant count increase to meet demand for their qualified patients, and shall submit to the department the information identified in Paragraph (1) of Subsection B of 7.34.4.8 NMAC. The department shall only approve the request if the non-profit producer can demonstrate by clear and convincing evidence that it is not able to meet qualified patient demand for usable cannabis or cannabis-derived products with its current plant count or by obtaining usable cannabis or cannabis products from another licensed producer. The non-profit producer shall 7.34.4 NMAC 7 provide objective data about the current supply in the medical cannabis market to demonstrate these factors. The department shall also consider the same factors in Subsection B when approving or denying this request. (4) Any increase in plant count approved under this section shall be voided in the event of a transfer of the majority of ownership for a licensed producer, at which time the plant limit for the license shall revert to the limit allowed in Paragraph (2) of Subsection A above. (5) The department is not required to approve a request for an increase to a non-profit producer’s plant limit and retains sole discretion to grant or deny the request. C. Limitation on distribution: A non-profit producer shall not knowingly sell or otherwise distribute usable cannabis to any person or entity that is not authorized to possess and receive the usable cannabis pursuant to department rules. D. Processing of production applications: (1) The issuance of an application is in no way a guarantee that the completed application will be accepted or that a license will be granted. Information provided by the applicant and used by the licensing authority for the licensing process shall be accurate and truthful
authorized to possess and receive the usable cannabis pursuant to department rules. D. Processing of production applications: (1) The issuance of an application is in no way a guarantee that the completed application will be accepted or that a license will be granted. Information provided by the applicant and used by the licensing authority for the licensing process shall be accurate and truthful. Any applicant that fails to participate in good faith or that falsifies information presented in the licensing process shall have its application denied by the department. (2) The number of licenses issued by the department to non-profit private entities, and the determination of which non-profit entities shall be licensed, shall be determined at the discretion of the secretary, which determination shall constitute the final administrative decision of the department. (3) An applicant whose application for licensure is not approved shall not be entitled to further administrative review. E. Factors considered: The secretary shall consider the overall health needs of qualified patients and the safety of the public in determining the number of licenses to be issued to non-profit private entities and shall further consider: (1) the sufficiency of the overall supply available to qualified patients statewide; (2) the service location of the applicant; (3) the applicant’s production plan, including but not limited to the applicant’s plan for the growth, cultivation, and harvesting of medical cannabis; (4) the applicant’s sales and distribution plan, including but not limited to the applicant’s plan for sale of medical cannabis, plan for delivery (if any) to qualified patients, and the forms of usable cannabis and cannabis-derived products to be sold or distributed; (5) the applicant’s skill and knowledge of horticulture and cannabis production technology, as well as the applicant’s knowledge of current good manufacturing practice in manufacturing, packaging, labeling, or holding operations for dietary supplements; environmenta
or delivery (if any) to qualified patients, and the forms of usable cannabis and cannabis-derived products to be sold or distributed; (5) the applicant’s skill and knowledge of horticulture and cannabis production technology, as well as the applicant’s knowledge of current good manufacturing practice in manufacturing, packaging, labeling, or holding operations for dietary supplements; environmental protection agency agricultural worker protection standards; and New Mexico department of agriculture (NMDA) pesticide registration, licensing and use requirements to ensure a safe product and environment; (6) the applicant’s plan for the manufacture or distribution of cannabis derived products, including but not limited to edible products; (7) the security plan proposed, including location, security devices employed, and staffing; (8) the applicant’s quality assurance plan, including but not limited to the applicant’s plan to ensure purity, consistency of dose, as well as the applicant’s plan for routine testing by a department approved laboratory; (9) the experience and expertise of the non-profit board members; (10) the financial resources available to the applicant for licensure and operations; (11) the facilities available to the applicant for production, distribution, storage, and other purposes, and the applicant’s ownership of the property, buildings, or other facilities identified in the production and distribution plan, as applicable; and (12) other relevant factors. F
he non-profit board members; (10) the financial resources available to the applicant for licensure and operations; (11) the facilities available to the applicant for production, distribution, storage, and other purposes, and the applicant’s ownership of the property, buildings, or other facilities identified in the production and distribution plan, as applicable; and (12) other relevant factors. F. Production and distribution of medical cannabis by a licensed non-profit producer; use of couriers: Production and distribution of medical cannabis by a licensed non-profit producer to a qualified patient or primary caregiver shall take place at locations described in the non-profit producer’s production and distribution plan approved by the department, and shall not take place at locations that are within 300 feet of any school, church, or daycare center that existed within the 300-foot area before the producer became licensed to operate at the location; provided that this distance requirement shall not apply to distribution at the home of the qualified patient or primary caregiver. A licensed non-profit producer may, consistent with this rule, and with the consent of a purchasing qualified patient or primary caregiver, utilize an approved courier to transport usable cannabis to a qualified patient or primary caregiver, and may for this purpose share with an approved courier the contact 7.34.4 NMAC 8 information of the purchasing qualified patient or primary caregiver. A licensed non-profit producer may, consistent with this rule, also utilize an approved courier to transport usable cannabis to another non-profit producer, to an approved laboratory, and to an approved manufacturer. A licensed non-profit producer shall not identify any person as an intended recipient of usable cannabis who is not a qualified patient, a primary caregiver, an approved courier, an approved manufacturer, or an approved laboratory. G
h this rule, also utilize an approved courier to transport usable cannabis to another non-profit producer, to an approved laboratory, and to an approved manufacturer. A licensed non-profit producer shall not identify any person as an intended recipient of usable cannabis who is not a qualified patient, a primary caregiver, an approved courier, an approved manufacturer, or an approved laboratory. G. Verification of application information: The department may verify information contained in each application and accompanying documentation by: (1) contacting the applicant by telephone, mail, or electronic mail; (2) conducting an on-site visit; (3) requiring a face-to-face meeting and the production of additional identification materials if proof of identity is uncertain; and (4) requiring additional relevant information as the department deems necessary. H. Cooperation with the department: Upon submitting an application, an applicant shall fully cooperate with the department and shall timely respond to requests for information or documentation. Failure to cooperate with a request of the department may result in the application being denied or otherwise declared incomplete. I. Criminal history screening requirements: All persons associated with a licensed non-profit producer or non-profit producer-applicant, manufacturer or manufacturer-applicant, approved laboratory or laboratory applicant, and approved courier or courier-applicant, shall consent to and undergo a nationwide and department of public safety (DPS) statewide criminal history screening background check. This includes board members, persons having direct or indirect authority over management or policies, employees, contractors, and agents. Background check documentation shall be submitted annually for approval to the department with the applicant’s renewal materials and prior to an individual assuming any duties or responsibilities for a non-profit producer, manufacturer, laboratory, or courier
k. This includes board members, persons having direct or indirect authority over management or policies, employees, contractors, and agents. Background check documentation shall be submitted annually for approval to the department with the applicant’s renewal materials and prior to an individual assuming any duties or responsibilities for a non-profit producer, manufacturer, laboratory, or courier. Background check documentation shall be received by the medical cannabis program, and the individual shall be approved by the program, before the individual begins to provide any work or services to the producer, manufacturer, laboratory, or courier. (1) Criminal history screening fees: All applicable fees associated with the nationwide and DPS statewide criminal history screening background checks shall be paid by the non-profit producer, manufacturer, laboratory, courier, or applicant. (2) Disqualifying convictions: Individuals convicted of a felony violation of Section 30-31- 20 (trafficking of a controlled substance); 30-31-21 (distributing a controlled substance to a minor); 30-31-22 NMSA 1978 (distributing a controlled substance); or a violation of any equivalent federal statute or equivalent statute from any other jurisdiction, shall be prohibited from participating or being associated with either a non-profit producer licensed under this rule, an approved laboratory, an approved manufacturer, or an approved courier
(distributing a controlled substance to a minor); 30-31-22 NMSA 1978 (distributing a controlled substance); or a violation of any equivalent federal statute or equivalent statute from any other jurisdiction, shall be prohibited from participating or being associated with either a non-profit producer licensed under this rule, an approved laboratory, an approved manufacturer, or an approved courier. If an individual has been convicted of a felony violation of the NM Controlled Substances Act other than Sections 30-31- 20 through 30-31-22 NMSA 1978, or has been convicted of any equivalent federal statute or equivalent statute from any other jurisdiction, and the final completion of the entirety of the associated sentence of such conviction has been less than five years from the date of the individual’s anticipated association with the production facility, then the individual shall be prohibited from serving on the board of a licensed non-profit producer, or working for the licensed producer, or approved entity. An individual who is disqualified shall be notified of his or her disqualification. If an individual has been convicted of more than one felony violation of the above-cited sections of the NM Controlled Substances Act or an equivalent federal statute or equivalent statute from any other jurisdiction, the individual shall be notified that he or she is permanently prohibited from participating or being associated with a licensed non-profit producer, approved manufacturer, approved laboratory, or approved courier. Any violation of this subsection shall result in the immediate revocation of any privilege granted under this rule and the act. J
tute or equivalent statute from any other jurisdiction, the individual shall be notified that he or she is permanently prohibited from participating or being associated with a licensed non-profit producer, approved manufacturer, approved laboratory, or approved courier. Any violation of this subsection shall result in the immediate revocation of any privilege granted under this rule and the act. J. Board membership requirements for private entities: The board of directors for a private non- profit applicant or licensee shall include at a minimum five voting members, including one medical provider limited to a physician (MD or DO), a registered nurse, nurse practitioner, licensed practical nurse, or physician assistant, and three patients currently qualified under the Lynn and Erin Compassionate Use Act. (1) for purposes of board membership, a single individual may not qualify as both the patient and as the medical provider; (2) members of the board of directors for a non-profit producer shall be residents of New Mexico; and (3) no member of a non-profit producer’s board of directors may at any given time serve on more than one single board of directors for licensed non-profit producers, or be employed by another non-profit producer. 7.34.4 NMAC 9 K. Limitation on number of production facilities: A licensed non-profit producer shall conduct its production operations at a single, physical location approved by the department. An additional production facility or facilities may be allowed at the department’s discretion. L. Limitation on sales within 90 consecutive calendar days: A licensed non-profit producer shall not sell or distribute usable cannabis to a qualified patient or primary caregiver in a total quantity that exceeds 230 units, as described in department rules concerning patient registry identification cards, within any 90-day period, unless the qualified patient or primary caregiver presents proof of a valid medical exception granted by the department. M
ays: A licensed non-profit producer shall not sell or distribute usable cannabis to a qualified patient or primary caregiver in a total quantity that exceeds 230 units, as described in department rules concerning patient registry identification cards, within any 90-day period, unless the qualified patient or primary caregiver presents proof of a valid medical exception granted by the department. M. Destruction of usable cannabis and cannabis plants: A licensed non-profit producer shall document the destruction of any usable cannabis or cannabis plants using a video recording, and shall retain the video recording of the destruction for no less than 120 days. A licensed non-profit producer shall make the video recording of the destruction available for the department’s inspection or copying upon the department’s request. N. Maximum water content in dried usable cannabis: A licensed non-profit producer shall not sell usable cannabis, other than a cannabis derived product, that contains fifteen percent or greater water content by weight. A licensed non-profit producer may be subject to testing to ensure compliance, consistent with the provisions of this rule. O. Non-profit producer policies and procedures: The non-profit producer shall develop, implement, and maintain on the premises policies and procedures relating to the medical cannabis program, which shall at a minimum include the following: (1) distribution criteria for qualified patients or primary caregivers appropriate for cannabis services, to include clear, legible photocopies of the registry identification card and New Mexico photo identification card of every qualified patient or primary caregiver served by the private entity; (2) testing criteria and procedures, which shall be consistent with the testing requirements of this rule; (3) alcohol and drug-free work place policies and procedures; (4) an attestation that no firearms will be permitted on any premises used for production or distribution by the non-profit entity; (5) employee policies and procedu
lified patient or primary caregiver served by the private entity; (2) testing criteria and procedures, which shall be consistent with the testing requirements of this rule; (3) alcohol and drug-free work place policies and procedures; (4) an attestation that no firearms will be permitted on any premises used for production or distribution by the non-profit entity; (5) employee policies and procedures to address the following requirements: (a) job descriptions or employment contracts developed for every employee that identify duties, authority, responsibilities, qualifications, and supervision; and (b) training materials concerning adherence to state and federal confidentiality laws. (6) personnel records for each employee that include an application for employment and a record of any disciplinary action taken; (7) on-site training curricula, or contracts with outside resources capable of meeting employee training needs, to include, at a minimum, the following topics: (a) professional conduct, ethics, and patient confidentiality; and (b) informational developments in the field of medical use of cannabis. (8) employee safety and security training materials provided to each employee at the time of his or her initial appointment, to include: (a) training in the proper use of security measures and controls that have been adopted; and (b) specific procedural instructions regarding how to respond to an emergency, including robbery or a violent accident. (9) a general written security policy, to address at a minimum: (a) safety and security procedures; (b) personal safety; and (c) crime prevention techniques
itial appointment, to include: (a) training in the proper use of security measures and controls that have been adopted; and (b) specific procedural instructions regarding how to respond to an emergency, including robbery or a violent accident. (9) a general written security policy, to address at a minimum: (a) safety and security procedures; (b) personal safety; and (c) crime prevention techniques. (10) training documentation prepared for each employee and statements signed by employees indicating the topics discussed (to include names and titles of presenters) and the date, time, and place the employee received said training; (11) a written policy regarding the right of the private entity to refuse service; (12) a confidentiality policy to ensure that identifying information of qualified patients is not disclosed or disseminated without authorization from the patient, except as otherwise required by the department; (13) an attestation that the nonprofit producer will prohibit its employees and contractors from being under the influence of drugs or alcohol in the workplace; and (14) such other policies or procedures as the department may require. 7.34.4 NMAC 10 P. Retention of training documentation: A non-profit producer shall maintain documentation of an employee’s training for a period of at least six months after termination of an employee’s employment. Q. Licensure periods: (1) Licensure period for non-profit producers: The licensure period of a licensed non- profit producer shall be from August 1st (or the date of approval of the licensure application, if later) through July 31st of a given year. Exception; transition to revised 2019 rules: The licensure period for a licensed non-profit producer that would otherwise end on August 1, 2019 shall instead continue until September 30, 2019
d for non-profit producers: The licensure period of a licensed non- profit producer shall be from August 1st (or the date of approval of the licensure application, if later) through July 31st of a given year. Exception; transition to revised 2019 rules: The licensure period for a licensed non-profit producer that would otherwise end on August 1, 2019 shall instead continue until September 30, 2019. (2) Licensure period for qualified patient producers: A qualified patient’s personal production license shall expire one year after the issuance of the personal production license, or at the end of the person’s enrollment in the NM medical cannabis program, whichever occurs first. (3) Identification cards: An employee of a licensed non-profit producer shall carry their department issued employee identification card at all times during their work, and shall present the card to law enforcement officials and to department officials upon request. An employee who is unable to produce their department issued identification card upon request shall not remain on the licensed premises, and shall produce the card for the department’s inspection prior to returning to the licensed premises. Licenses and identification cards issued by the department are the property of the department and shall be returned to the department upon a producer’s withdrawal from the program, upon termination of a card holder’s employment with a licensed non-profit producer, or upon suspension or revocation. R
shall produce the card for the department’s inspection prior to returning to the licensed premises. Licenses and identification cards issued by the department are the property of the department and shall be returned to the department upon a producer’s withdrawal from the program, upon termination of a card holder’s employment with a licensed non-profit producer, or upon suspension or revocation. R. Amended license: (1) Submittal of application for amended license: A licensed producer shall submit to the department an application form for an amended license, and shall obtain approval from the department, at least 30 business days prior to implementing any: (a) change of location of a qualified patient who also holds a personal production license; (b) change of location of a non-profit producer’s production or distribution facilities, change of directors, change of ownership of production or distribution facilities, producer name, capacity or any physical modification or addition to the facility; and (c) substantial change to a producer’s production plan or distribution plan, including any change to the type(s) of products produced or distributed, the producer’s manufacturing plan (as applicable), the producer’s method(s) of distribution, and security plan. (2) Process for incomplete application for amended license: In the event that an application for amended licensure is determined by the program to be incomplete, the program will specify the information or materials that remain to be submitted. If the licensed producer does not submit the requested information or material, and does not otherwise contact the department regarding the application, within thirty days of receiving notice of the deficiency, the application will be closed as incomplete, and the licensed producer will be required to recommence the application in order to resume the application process. S. Application for renewal of an annual production license: (1) Deadline for private entities
or material, and does not otherwise contact the department regarding the application, within thirty days of receiving notice of the deficiency, the application will be closed as incomplete, and the licensed producer will be required to recommence the application in order to resume the application process. S. Application for renewal of an annual production license: (1) Deadline for private entities. Each licensed non-profit producer shall apply for renewal of its annual license no later than August 1st of each year by submitting a renewal application to the department. The department shall provide the renewal application requirements no later than June 1st of each year. (2) Deadline for personal production license holders: A patient who holds personal production licensure shall apply for renewal of their annual license no later than 30 days prior to the expiration of the license by submitting a renewal application to the department. (3) General submission requirements for qualified patients: Qualified patients applying for personal production licensure shall submit: (a) an application for issuance or renewal of a personal production license; and (b) a non-refundable thirty dollar ($30) application fee, except that the fee may be waived upon a showing that the income of the qualified patient is equal to or lesser than two hundred percent of the federal poverty guidelines established by the U.S. department of health and human services. A lost or stolen identification card shall be reported as soon as practicable to the medical cannabis program. (4) General submission requirements for private entities: Private entities shall submit: (a) an application for renewal of license; and (b) applicable non-refundable licensure renewal fees. T. Non-transferable registration of license: 7.34.4 NMAC 11 (1) A license shall not be transferred by assignment or otherwise to other persons or locations
s soon as practicable to the medical cannabis program. (4) General submission requirements for private entities: Private entities shall submit: (a) an application for renewal of license; and (b) applicable non-refundable licensure renewal fees. T. Non-transferable registration of license: 7.34.4 NMAC 11 (1) A license shall not be transferred by assignment or otherwise to other persons or locations. Unless the licensed producer applies for and receives an amended license, the license shall be void and returned to the department when any one of the following situations occurs: (a) ownership of the facility changes; (b) location change; (c) change in licensed producer; (d) the discontinuance of operation; or (e) the removal of all medical cannabis from the facility by lawful state authority. (2) Transactions, which do not constitute a change of ownership, include the following: (a) when applicable, changes in the membership of a corporate board of directors or board of trustees; and (b) two or more corporations merge and the originally licensed corporation survives. U. Automatic expiration of license; closure of nonprofit producer operations: A license shall expire at 11:59 p.m. on the day indicated on the license as the expiration date, unless the license was renewed at an earlier date, suspended, or revoked. V. Display of license: The licensed producer shall maintain the license safely at the production location(s) and dispensary location(s) and shall be able to produce the license immediately upon request by the department or law enforcement. W. Fees applicable to applicants and licensees: (1) Non-profit producer application fee: A non-profit producer shall submit with its initial application an application fee of ten thousand dollars ($10,000). If the application is denied, the department shall issue a refund of nine thousand dollars ($9,000) to the applicant
e the license immediately upon request by the department or law enforcement. W. Fees applicable to applicants and licensees: (1) Non-profit producer application fee: A non-profit producer shall submit with its initial application an application fee of ten thousand dollars ($10,000). If the application is denied, the department shall issue a refund of nine thousand dollars ($9,000) to the applicant. (2) Non-profit producer license fee: A non-profit producer that is licensed shall submit to the medical cannabis program a non-refundable licensure fee before beginning operations, no earlier than July 1st of each renewal year and no later than August 1st of each renewal year, of: $40,000 for the first 500 cannabis plants to be possessed by the non-profit producer; $5,000 for each additional increment of 50 cannabis plants above 500 and up to a collective total of 1,000 cannabis plants; and $6,000 for each additional increment of 50 cannabis plants above 1,000. (3) Exception; transition to revised LNPP fees, plant limits: A fee that is paid by a non- profit producer in the year 2019 shall be tendered to the department no earlier than September 23, 2019 and no later than October 4, 2019. (4) Exception; newly licensed LNPPs: The license fee to be paid by a non-profit producer that obtains initial licensure after the enactment of this revised rule shall be pro-rated based on the time remaining in the licensure period. (5) Qualified patient personal production fees: A qualified patient shall submit with each initial application and renewal application for personal production licensure a fee of thirty dollars ($30), except that the fee may be waived upon a showing that the income of the qualified patient is equal to or lesser than two hundred percent of the federal poverty guidelines established by the U.S. department of health and human services; and
on fees: A qualified patient shall submit with each initial application and renewal application for personal production licensure a fee of thirty dollars ($30), except that the fee may be waived upon a showing that the income of the qualified patient is equal to or lesser than two hundred percent of the federal poverty guidelines established by the U.S. department of health and human services; and. (6) Replacement license fee: A fifty dollar ($50) payment is required for replacement of an identification card for an employee of a licensed non-profit producer, and for replacement of a personal production license card. (7) Payment: Fees shall be paid by check, money order, or any other form of payment approved by the medical cannabis program director or designee, and shall be made payable to the medical cannabis program of the department. X. Geographic requirements for initial licenses: The department may require that a non-profit producer operate dispensaries in geographical locations of the state that are specified by the department as a precondition of initial licensure. Y. Inventory and sales equipment: The department may require a licensed non-profit producer to utilize specified equipment, software, and services for purposes of tracking inventory, sales, and other information, and for the purpose of reporting that information to the department of health. Z. Reporting of theft to department: A non-profit producer shall submit to the department notification of any theft, robbery, break-in, or security breach that occurs on the producer’s premises, no later than 10 calendar days after the producer 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 usable cannabis that was stolen. 7.34.4 NMAC 12 AA. Closure of applications period: The department may close the applications period during which applications for non-profit producer licenses will be accepted and reviewed
lendar days after the producer 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 usable cannabis that was stolen. 7.34.4 NMAC 12 AA. Closure of applications period: The department may close the applications period during which applications for non-profit producer licenses will be accepted and reviewed. [7.34.4.8 NMAC - Rp, 7.34.4.8 NMAC, 6/23/2020] 7.34.4.9 NON-PROFIT PRODUCERS; MINIMUM STANDARDS FOR PRODUCTION OF CANNABIS: A non-profit producer shall comply with the following minimum requirements for the production of cannabis: A. General requirements: A licensed non-profit producer shall ensure the following: (1) that all production activities are done on premises that are in compliance with state and local laws, including but not limited to zoning, occupancy, licensing, and building codes; (2) that all equipment, implements, and fixtures that are used for the production of cannabis shall be used exclusively for the production of cannabis; (3) that no cannabis plants other than those grown pursuant to the non-profit producer’s production license from the department are grown on the licensed property of the non-profit producer, including but not limited to hemp plants; (4) that production is conducted in a manner that does not allow cross-contamination from chemical or biological hazards; (5) that production does not occur at a location that is within 300 feet of a school, church, or daycare center that existed within the 300-foot area before the producer became licensed to operate at the location; (6) that any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including a boil, sore, or infected wound, or any other abnormal source of microbial contamination for whom there is a reasonable possibility of contact with preparation surfaces for cannabis, shall be excluded from any operations which may be anticipated to result in such contaminatio
by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including a boil, sore, or infected wound, or any other abnormal source of microbial contamination for whom there is a reasonable possibility of contact with preparation surfaces for cannabis, shall be excluded from any operations which may be anticipated to result in such contamination until the condition is corrected; (7) that hand-washing facilities are provided that are adequate, accessible, and conveniently located, and that they are furnished with running water at a suitable temperature; hand-washing facilities shall be located in indoor production facilities, in restrooms, and wherever good sanitary practices require employees to wash or sanitize their hands, and shall be stocked with effective hand-cleaning and sanitizing preparations, and sanitary towel service or suitable drying devices; (8) that all persons involved in preparing or handling medical cannabis conform to hygienic practices while on duty, including: (a) maintaining adequate personal cleanliness; (b) washing hands thoroughly in an adequate hand-washing area before starting work, at any other time when the hands may have become soiled or contaminated, and both before putting gloves on and after removal of gloves; (c) refraining from preparing or handling medical cannabis or cannabis derived products if the handler has or may have an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination, until such condition is corrected; and (d) complying with the other requirements of this section; (9) that there is sufficient space for placement of equipment and storage of materials as is necessary for the maintenance of sanitary operations for production of medical cannabis; (10) that litter and waste are properly removed, and the operating systems for waste disposal are maintained in an adequate manner so that they do not constitute a source of contamination in areas where ca
his section; (9) that there is sufficient space for placement of equipment and storage of materials as is necessary for the maintenance of sanitary operations for production of medical cannabis; (10) that litter and waste are properly removed, and the operating systems for waste disposal are maintained in an adequate manner so that they do not constitute a source of contamination in areas where cannabis is exposed; (11) that all floors (other than earthen floors), walls, and ceilings that are located within a permanent structure are constructed in such a manner that they are washable, wipeable, and non-absorbent, and can be kept clean, and kept in good repair; (12) that walls and ceilings remain free of water damage, and that fiberglass and other insulation material not be exposed; (13) that there is adequate safety-type lighting in all areas where cannabis is processed or stored, and where equipment or utensils are cleaned; (14) that the non-profit producer provides adequate screening or other protection against the entry of pests; rubbish shall be disposed of so as to minimize the development of odor, minimize the potential for the waste becoming an attractant and harborage, or breeding place for pests; (15) that building, fixtures, and other physical facilities where cannabis is produced are maintained in a sanitary condition; 7.34.4 NMAC 13 (16) that all contact surfaces, including utensils and equipment used for preparation of cannabis, are cleaned and sanitized as frequently as necessary to protect against contamination; (17) that all equipment and utensils used for preparation of cannabis are designed and of such material and workmanship as to be adequately cleanable, and are properly maintained; (18) that only environmental protection agency (EPA) registered sanitizing agents are used in production operations and that they are used in accordance with labeled instructions; (19) that toxic cleaning compounds, sanitizing agents, and pesticide chemicals shall be identified, held, and stored in a manner that p
material and workmanship as to be adequately cleanable, and are properly maintained; (18) that only environmental protection agency (EPA) registered sanitizing agents are used in production operations and that they are used in accordance with labeled instructions; (19) that toxic cleaning compounds, sanitizing agents, and pesticide chemicals shall be identified, held, and stored in a manner that protects against contamination of medical cannabis or cannabis derived products, and that otherwise satisfies the requirements of this rule; (20) that the water supply is sufficient for the operations intended and is derived from a source that is a regulated water system; private water supplies shall be from a water source that is capable of providing a safe, potable, and adequate supply of water to meet the production facility’s needs; (21) that plumbing shall be of adequate size and design, adequately installed, and maintained to carry sufficient quantities of water to required locations throughout the facility; and properly convey sewage and liquid disposable waste from the facility; (22) that there are no cross-connections between the potable and waste water lines; (23) that the non-profit producer provide its employees with adequate, readily accessible, on- site toilet facilities that are maintained in a sanitary condition and good repair; (24) that all operations in the receipt, inspection, transport, segregation, preparation, manufacture, packaging, and storage of usable cannabis are conducted in accordance with adequate security and sanitation principles; (25) that usable cannabis that can support the rapid growth of undesirable microorganisms are stored and transported in a manner that prevents the growth of these microorganisms; (26) that storage and transportation of usable cannabis is accomplished under conditions that will maintain security and protect the usable cannabis against physical, chemical, and microbial contamination as well as against deterioration of the usable cannabis and the container; (27) tha
sirable microorganisms are stored and transported in a manner that prevents the growth of these microorganisms; (26) that storage and transportation of usable cannabis is accomplished under conditions that will maintain security and protect the usable cannabis against physical, chemical, and microbial contamination as well as against deterioration of the usable cannabis and the container; (27) that current material safety data sheets are kept on the premises for all chemicals used, including but not limited to cleaning compounds, sanitizing agents, and pesticides; (28) that all containers used for storage or transport of usable cannabis are washable, wipeable, and nonabsorbent; (29) that all weighting or measuring devices that are used in the production or distribution of usable 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; (30) that the non-profit producer will prohibit its employees and contractors from being under the influence of drugs or alcohol in the workplace; and (31) that hemp, hemp extract, and hemp derived products, other than hemp paper and hemp seed oil, are not combined in any manner with usable cannabis intended to be sold or otherwise distributed by the non-profit producer.

## Nearby sections

- [7.34.4.1 NMAC Section 1. Issuing Agency](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T7_C34_P4_S1.md)
- [7.34.4.2 NMAC Section 2. Scope](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T7_C34_P4_S2.md)
- [7.34.4.3 NMAC Section 3. Statutory Authority](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T7_C34_P4_S3.md)
- [7.34.4.5 NMAC Section 5. Effective Date](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T7_C34_P4_S5.md)
- [7.34.4.6 NMAC Section 6. Objective](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T7_C34_P4_S6.md)
- [7.34.4.7 NMAC Section 7. Definitions](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T7_C34_P4_S7.md)
- [7.34.4.10 NMAC Section 10. Testing Of Usable Cannabis](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T7_C34_P4_S10.md)
- [7.34.4.13 NMAC Section 13. Use Of Pesticides By Licensed Producers](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T7_C34_P4_S13.md)
- [7.34.4.15 NMAC Section 15. Standards For Manufacture Of Cannabis-Derived Products](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T7_C34_P4_S15.md)
- [7.34.4.22 NMAC Section 22. Non-Profit Producer Application And Licensure Requirements](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T7_C34_P4_S22.md)
- [7.34.4.23 NMAC Section 23. Security Requirements For Licensed Producers](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T7_C34_P4_S23.md)
- [7.34.4.24 NMAC Section 24. Recalls Of Usable Cannabis](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T7_C34_P4_S24.md)
- [7.34.4.25 NMAC Section 25. Denial Of An Initial Producer License](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T7_C34_P4_S25.md)
- [7.34.4.27 NMAC Section 27. Cannabis Consumption Areas](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T7_C34_P4_S27.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SREGS_NM_T7_C34_P4_S7. Check the current official text before relying on it. Not legal advice.