US Lawyer Database

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-29 – Cannabis within restricted area; penalty.

Unless otherwise allowed in the Cannabis Regulation Act or the Lynn and Erin Compassionate Use Act [Chapter 26, Article 2B NMSA 1978], a person shall not possess or intentionally distribute any amount of a cannabis product on the premises of a school or daycare center unless the person is a qualified patient, a primary caregiver […]

Section 26-2C-30 – Unlawful possession of cannabis; penalties.

Except as allowed in the Cannabis Regulation Act and the Lynn and Erin Compassionate Use Act [Chapter 26, Article 2B NMSA 1978]: A. a person under twenty-one years of age shall not possess cannabis products. A person who violates this subsection is guilty of a civil violation and shall be subject to: (1) attendance at […]

Section 26-2C-31 – Unlicensed manufacturing of cannabis extract; penalty.

It is unlawful for a person to manufacture cannabis extract without a license issued pursuant to the Cannabis Regulation Act unless the person produces and manufactures cannabis extract from homegrown cannabis using nonvolatile solvents, alcohol or carbon dioxide or no solvents. The use of any other solvent or process is expressly prohibited unless it is […]

Section 26-2C-32 – Exemption from criminal and civil penalties; researchers.

A person shall not be subject to arrest or prosecution, penalized in any manner or denied any right or privilege solely because the person produced, possessed, distributed, dispensed or purchased cannabis products if the person produced, possessed, distributed, dispensed or purchased the cannabis products solely for the purpose of research conducted pursuant to the Lynn […]

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-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 […]