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Article 1 - General Provisions
Section 26-1-1 - Short title. - Chapter 26, Article 1 NMSA 1978 may be cited as...
Section 26-1-2 - Definitions. - As used in the New Mexico Drug, Device and Cosmetic...
Section 26-1-3 - Prohibited acts. - The following acts are prohibited: A. the sale of any...
Section 26-1-3.1 - Repealed. - History: 1978 Comp., § 26-1-3.1, enacted by Laws 1987, ch....
Section 26-1-3.2 - Prescription drug donation. - A. As used in this section: (1) "clinic" means a...
Section 26-1-4 - Power to enjoin violations. - In addition to the remedies provided the board is authorized...
Section 26-1-5 - Penalty; exemptions. - No publisher, radio-broadcast licensee, or agency or medium for the...
Section 26-1-6 - Detection of drugs, devices or cosmetic believed adulterated, misbranded or counterfeit; condemnation; destruction or correction of defect; forfeiture and sale. - A. Whenever an authorized agent of the board has probable...
Section 26-1-7 - Attorney general or district attorney to institute prosecutions. - It is the duty of the attorney general or the...
Section 26-1-8 - Minor violations of act; warnings authorized. - Nothing in the New Mexico Drug and Cosmetic Act [New...
Section 26-1-9 - Addition of poisonous or deleterious substances; color additives. - A. The board may adopt regulations authorizing color additives. B....
Section 26-1-10 - Drug or device adulteration. - A drug or device shall be deemed to be adulterated:...
Section 26-1-11 - Drug or device; misbranding. - A. A drug or device shall be deemed to be...
Section 26-1-12 - False advertising. - A. An advertisement of a drug, device or cosmetic shall...
Section 26-1-13 - Packaging and labeling requirements; proprietary preparations. - A. The principal display panel of an over-the-counter packaged drug...
Section 26-1-14 - New drugs and devices; prerequisites to sale, delivery or giving away; exceptions. - A. No person shall sell, deliver, offer for sale, hold...
Section 26-1-15 - Dangerous drugs; veterinary use; limitations. - A. A dangerous drug intended for veterinary use which is...
Section 26-1-16 - Dangerous drugs; conditions for sale; prescription refilling; limitations. - A. It is unlawful for a person to sell, dispose...
Section 26-1-16.1 - Opioids; requiring practitioners to obtain and review reports from the prescription monitoring program. - A. For purposes of this section: (1) "opioid" means the...
Section 26-1-17 - Testing laboratory. - The college of pharmacy of the university of New Mexico...
Section 26-1-18 - Promulgating regulations; procedure. - A. The board may promulgate regulations for the efficient enforcement...
Section 26-1-18.1 - Prescription drug prior authorization protocols. - A. After January 1, 2014, a prescribing practitioner seeking prior...
Section 26-1-19 - Power to make inspections and secure samples. - The board or its duly authorized agent shall have free...
Section 26-1-20 - Personnel. - The board shall employ such personnel for the administration and...
Section 26-1-21 - Power of board to publish reports and disseminate information. - A. The board may cause to be published from time...
Section 26-1-22 - Unlawful means of obtaining dangerous drugs enumerated. - It shall be unlawful for any person to obtain or...
Section 26-1-23 - False statements; false pretenses; forgery of labels or prescriptions prohibited. - It shall be unlawful for any person to: A. willfully...
Section 26-1-24 - Cosmetics; misbranding. - A cosmetic shall be deemed to be misbranded: A. if...
Section 26-1-25 - Cosmetics; adulteration. - A cosmetic shall be deemed to be adulterated: A. if...
Section 26-1-26 - Penalties. - A. Any person who knowingly violates any of the provisions...
Article 2 - Drug Abuse (Repealed, Recompiled.)
Section 26-2-1 to 26-2-4 - Repealed. - Repeals. — Laws 1999, ch. 270, § 10 repealed 26-2-1...
Section 26-2-4.1 - Recompiled. - Recompilations. — Laws 1999, ch. 270, § 9 recompiled 26-2-4.1...
Section 26-2-5 to 26-2-14 - Repealed. - Repeals. — Laws 1999, ch. 270, § 10 repealed 26-2-5...
Article 2A - Controlled Substances Therapeutic Research
Section 26-2A-1 - Short title. - Sections 1 through 7 [26-2A-1 to 26-2A-7 NMSA 1978] of...
Section 26-2A-2 - Purpose. - The legislature finds that recent research has shown that the...
Section 26-2A-3 - Definitions. - As used in the Controlled Substances Therapeutic Research Act: A....
Section 26-2A-4 - Lynn Pierson therapeutic research program established; participation. - A. There is established in the health and environment department...
Section 26-2A-5 - Patient qualification review board; composition; powers and duties. - A. The administrator, upon the recommendation of the New Mexico...
Section 26-2A-6 - Lynn Pierson therapeutic research program; distribution. - A. The administrator shall obtain marijuana through whatever means he...
Section 26-2A-7 - Report. - The administrator, in conjunction with the patient qualification review board,...
Article 2B - Lynn and Erin Compassionate Use Act
Section 26-2B-1 - Short title. - Chapter 26, Article 2B NMSA 1978 may be cited as...
Section 26-2B-2 - Purpose of act. - The purpose of the Lynn and Erin Compassionate Use Act...
Section 26-2B-3 - Definitions. - As used in the Lynn and Erin Compassionate Use Act:...
Section 26-2B-4 - Exemption from criminal and civil penalties for the medical use of cannabis. - A. A qualified patient or a qualified patient's primary caregiver...
Section 26-2B-5 - Prohibitions, restrictions and limitations on the medical use of cannabis; criminal penalties. - A. Participation in a medical use of cannabis program by...
Section 26-2B-6 - Advisory board created; duties. - The secretary of health shall establish an advisory board consisting...
Section 26-2B-6.1 - Assessment reporting. - In consultation with qualified patients and primary caregivers, the department...
Section 26-2B-7 - Registry identification cards; department rules; duties; reciprocity. - A. After consultation with the advisory board, the department shall...
Section 26-2B-7.1 - Registry identification card; registration; renewal; written certification. - The department shall require a qualified patient to reapply for...
Section 26-2B-8 - THC content; no limitation. - The department shall not limit the amount of THC concentration...
Section 26-2B-9 - Employment protections. - A. Unless a failure to do so would cause the...
Section 26-2B-10 - Persons under state supervision; protections. - A person who is serving a period of probation or...
Article 2C - Cannabis Regulation
Section 26-2C-1 - Short title. - Sections 1 through 42 [26-2C-1 to 26-2C-42 NMSA 1978] of...
Section 26-2C-2 - Definitions. - As used in the Cannabis Regulation Act: A. "advertisement": (1)...
Section 26-2C-3 - Division; powers and duties; rulemaking; advisory committee created; membership; duties. - A. The "cannabis control division" is created in the department...
Section 26-2C-4 - Department of health; duties; public health and safety advisory committee. - A. The department of health shall monitor emerging scientific and...
Section 26-2C-5 - Department of health; duties; transfer of licensing duties. - Except for administration of the medical cannabis registry, the power,...
Section 26-2C-6 - Licensing cannabis activities; limitations; medical cannabis legacy licensing; cannabis shortage for medical program. - A. The division shall regulate and administer and may collect...
Section 26-2C-7 - Commercial cannabis activity licensing; application; issuance and denial of a license. - A. A license issued pursuant to the Cannabis Regulation Act...
Section 26-2C-8 - Licensees; disciplinary actions; sanctions; civil penalty. - A. A violation of the provisions of the Cannabis Regulation...
Section 26-2C-9 - Application and licensing fees. - A. Every application for the issuance or renewal of the...
Section 26-2C-10 - Cannabis training and education program licensing; sanctions. - A. The division shall begin licensing cannabis training and education...
Section 26-2C-11 - Cannabis server permits; cannabis servers; permit required; applications; education program approval required; issuance or denial of a permit or approval; penalties. - A. The division shall promulgate rules consistent with this section...
Section 26-2C-12 - Local control. - A. A local jurisdiction may: (1) adopt time, place and...
Section 26-2C-13 - Licensee protections. - A. Conduct by a licensee or a licensee representative that...
Section 26-2C-14 - Protection of underage persons; providing cannabis products to minors; penalties. - A. Except as allowed pursuant to the Cannabis Regulation Act,...
Section 26-2C-15 - Transport via courier. - A. A vertically integrated cannabis establishment, cannabis retailer or integrated...
Section 26-2C-16 - Packaging and labeling. - Before sale or transport via cannabis courier of a cannabis...
Section 26-2C-17 - Cannabis products; packaging and labeling; division rulemaking. - A. Cannabis or cannabis extract included in a cannabis product...
Section 26-2C-18 - Testing cannabis products; health and safety of employees. - A. A cannabis testing laboratory's testing of cannabis products shall...
Section 26-2C-19 - Researching cannabis; recordkeeping. - A. A cannabis research laboratory's research of cannabis shall comply...
Section 26-2C-20 - Advertising and marketing restrictions. - The division shall promulgate rules consistent with industry standards that:...
Section 26-2C-21 - Contracts. - A contract related to the operation of a license is...
Section 26-2C-22 - Provision of professional services. - An attorney, accountant, insurance agent, real estate agent, security guard...
Section 26-2C-23 - Medical cannabis provisions unaffected. - Nothing in the Cannabis Regulation Act shall be construed to...
Section 26-2C-24 - Protections for the use of cannabis. - A. Conduct allowed pursuant to the Cannabis Regulation Act shall...
Section 26-2C-25 - Personal use of cannabis. - A. The following conduct is lawful for a person who...
Section 26-2C-26 - Limits on personal use; penalties. - A. Nothing in Section 25 [26-2C-25 NMSA 1978] of the...
Section 26-2C-27 - Personal production of cannabis; penalties. - A. Unless otherwise provided in the Cannabis Regulation Act, it...
Section 26-2C-28 - Unlicensed sales of cannabis; penalties. - A. As used in this section, "traffic" means the: (1)...
Section 26-2C-29 - Cannabis within restricted area; penalty. - Unless otherwise allowed in the Cannabis Regulation Act or the...
Section 26-2C-30 - Unlawful possession of cannabis; penalties. - Except as allowed in the Cannabis Regulation Act and the...
Section 26-2C-31 - Unlicensed manufacturing of cannabis extract; penalty. - It is unlawful for a person to manufacture cannabis extract...
Section 26-2C-32 - Exemption from criminal and civil penalties; researchers. - A person shall not be subject to arrest or prosecution,...
Section 26-2C-33 - Reporting requirements for cannabis-related violations. - A. Within sixty days following the end of each fiscal...
Section 26-2C-34 - Employer protections; exemptions. - A. Unless there is an agreement between the employer and...
Section 26-2C-35 - Appeal of rules. - A person who is or may be affected by a...
Section 26-2C-36 - Public records and open meetings. - Records of the division are subject to the Inspection of...
Section 26-2C-37 - Intrastate source. - Except as provided in Section 38 [26-2C-38 NMSA 1978] of...
Section 26-2C-38 - Imports and exports. - A. Notwithstanding the provisions of Section 37 [26-2C-37 NMSA 1978]...
Section 26-2C-39 - Cannabis regulation fund. - A. The "cannabis regulation fund" is created in the state...
Section 26-2C-40 - Plant limit. (Repealed effective December 31, 2025.) - No later than September 1, 2021, and each September 1...
Section 26-2C-41 - Indian nations, tribes and pueblos; intergovernmental agreements. - A. The department may enter into one or more intergovernmental...
Section 26-2C-42 - Cooperation of agencies. - All state agencies shall cooperate with the division in carrying...
Article 3 - Drug Product Selection
Section 26-3-1 - Short title. - Sections 26-3-1 through 26-3-3 NMSA 1978 may be cited as...
Section 26-3-2 - Purpose. - It is the purpose of the Drug Product Selection Act...
Section 26-3-3 - Drug and biological product selection permitted; conditions; exception for prohibition; labeling. - A. Upon receipt of a prescription written by a licensed...
Article 4 - Wholesale Prescription Drug Importation
Section 26-4-1 - Short title. - This act [26-4-1 to 26-4-10 NMSA 1978] may be cited...
Section 26-4-2 - Definitions. - As used in the Wholesale Prescription Drug Importation Act: A....
Section 26-4-3 - Advisory committee created; membership; duties. - A. The "prescription drug importation advisory committee" is created as...
Section 26-4-4 - Wholesale prescription drug importation program created. - The department, in consultation with the committee, shall design a...
Section 26-4-5 - Monitoring for anti-competitive behavior. - The department shall consult with the attorney general to identify...
Section 26-4-6 - Federal compliance. - On or before December 15, 2020, the department shall submit...
Section 26-4-7 - Implementation. - Upon certification of approval by the secretary of the United...
Section 26-4-8 - Annual reporting. - Annually, after implementation, the department shall report to the governor...
Section 26-4-9 - Wholesale prescription drug importation fund. - The "wholesale prescription drug importation fund" is created as a...
Section 26-4-10 - Countries other than Canada allowed by federal law. - The provisions of the Wholesale Prescription Drug Importation Act may...