Section 26-2C-33 – Reporting requirements for cannabis-related violations.
A. Within sixty days following the end of each fiscal year, every police and sheriff’s department shall report on a form approved by the department of public safety the total number of arrests, citations and penalty assessments for cannabis-related violations broken down by: (1) category and penalty level; and (2) race, ethnicity, age and gender. […]
Section 26-2C-34 – Employer protections; exemptions.
A. Unless there is an agreement between the employer and employee, nothing in the Cannabis Regulation Act shall: (1) restrict an employer’s ability to prohibit or take an adverse employment action against an employee for impairment by or possession or use of intoxicating substances at work or during work hours; (2) require an employer to […]
Section 26-2C-35 – Appeal of rules.
A person who is or may be affected by a rule promulgated by the division or other state agency pursuant to the Cannabis Regulation Act may appeal to the district court. History: Laws 2021 (1st S.S.), ch. 4, § 35. ANNOTATIONS Effective dates. — Laws 2021 (1st S.S.), ch. 4 contained no effective date provision, […]
Section 26-2C-36 – Public records and open meetings.
Records of the division are subject to the Inspection of Public Records Act [Chapter 14, Article 3 NMSA 1978]. Rulemaking and other hearings of the division are subject to the Open Meetings Act [Chapter 10, Article 15 NMSA 1978]. History: Laws 2021 (1st S.S.), ch. 4, § 36. ANNOTATIONS Effective dates. — Laws 2021 (1st […]
Section 26-2C-27 – Personal production of cannabis; penalties.
A. Unless otherwise provided in the Cannabis Regulation Act, it is unlawful for a person without a license to intentionally produce cannabis products except as provided in this section. B. A person twenty-one years of age or older who intentionally produces: (1) more than six and up to twelve mature or immature cannabis plants shall […]
Section 26-2C-28 – Unlicensed sales of cannabis; penalties.
A. As used in this section, “traffic” means the: (1) distribution, sale, barter or giving away of cannabis products; or (2) possession with intent to distribute, sell, barter or give away cannabis products. B. Unless otherwise provided in the Cannabis Regulation Act or the Lynn and Erin Compassionate Use Act [Chapter 26, Article 2B NMSA […]
Section 26-2C-17 – Cannabis products; packaging and labeling; division rulemaking.
A. Cannabis or cannabis extract included in a cannabis product that is manufactured in compliance with applicable law is not considered to be an adulterant under state law. B. The division shall promulgate rules consistent with industry standards for cannabis products that establish labeling and packaging requirements, including that: (1) packages shall be resealable, child-resistant, […]
Section 26-2C-18 – Testing cannabis products; health and safety of employees.
A. A cannabis testing laboratory’s testing of cannabis products shall comply with the requirements set forth in applicable law and rules. B. In consultation with the department of environment and consistent with industry standards, the division shall promulgate rules to: (1) ensure that testing of cannabis products occurs prior to distribution to cannabis retailers or […]
Section 26-2C-19 – Researching cannabis; recordkeeping.
A. A cannabis research laboratory’s research of cannabis shall comply with the requirements set forth in applicable law and rules. B. The division shall develop rules and procedures consistent with industry standards to provide for recordkeeping to ensure that cannabis products are not removed from the cannabis research laboratory premises. History: Laws 2021 (1st S.S.), […]
Section 26-2C-20 – Advertising and marketing restrictions.
The division shall promulgate rules consistent with industry standards that: A. prohibit the advertisement and marketing of cannabis products: (1) on radio, television or other broadcast media, internet pop-ups and mass transit vehicles; provided that the division shall not prohibit advertising and marketing to: (a) subscribers of subscription-based radio, television or other broadcast media who […]