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 sales by integrated cannabis microbusinesses;
(2) specify how often licensees shall test cannabis products;
(3) specify which persons bear the cost of testing cannabis products and medical cannabis;
(4) provide for recordkeeping;
(5) establish chain of custody protocols for testing sample transportation;
(6) ensure that testing samples are transported and stored in a manner that prevents degradation, contamination, tampering or diversion;
(7) specify protocols for testing sample collection that ensure accurate test results, including requiring that testing samples be collected by laboratory staff trained in testing sample collection; and
(8) require destruction of a tested batch of cannabis products if the testing samples from the tested batch indicate noncompliance with applicable health and safety standards promulgated by the division, unless remedial measures can bring the cannabis products into compliance with the standards or the cannabis products can be used for research purposes.
C. Beginning no later than April 1, 2022, the division shall identify, in consultation with the department of environment, a set of updated certified reference materials for laboratory testing to be measured against.
D. The division shall work cooperatively with the department of environment to implement inspection of cannabis establishments to ensure the health and safety of employees in accordance with the Occupational Health and Safety Act [50-9-1 to 50-9-25 NMSA 1978] and to determine compliance with rules promulgated by the environmental improvement board.
History: Laws 2021 (1st S.S.), ch. 4, § 18.
Effective dates. — Laws 2021 (1st S.S.), ch. 4 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 29, 2021, 90 days after adjournment of the legislature.
Structure 2021 New Mexico Statutes
Chapter 26 - Drugs and Cosmetics
Article 2C - Cannabis Regulation
Section 26-2C-1 - Short title.
Section 26-2C-2 - Definitions.
Section 26-2C-4 - Department of health; duties; public health and safety advisory committee.
Section 26-2C-5 - Department of health; duties; transfer of licensing duties.
Section 26-2C-8 - Licensees; disciplinary actions; sanctions; civil penalty.
Section 26-2C-9 - Application and licensing fees.
Section 26-2C-10 - Cannabis training and education program licensing; sanctions.
Section 26-2C-12 - Local control.
Section 26-2C-13 - Licensee protections.
Section 26-2C-14 - Protection of underage persons; providing cannabis products to minors; penalties.
Section 26-2C-15 - Transport via courier.
Section 26-2C-16 - Packaging and labeling.
Section 26-2C-17 - Cannabis products; packaging and labeling; division rulemaking.
Section 26-2C-18 - Testing cannabis products; health and safety of employees.
Section 26-2C-19 - Researching cannabis; recordkeeping.
Section 26-2C-20 - Advertising and marketing restrictions.
Section 26-2C-22 - Provision of professional services.
Section 26-2C-23 - Medical cannabis provisions unaffected.
Section 26-2C-24 - Protections for the use of cannabis.
Section 26-2C-25 - Personal use of cannabis.
Section 26-2C-26 - Limits on personal use; penalties.
Section 26-2C-27 - Personal production of cannabis; penalties.
Section 26-2C-28 - Unlicensed sales of cannabis; penalties.
Section 26-2C-29 - Cannabis within restricted area; penalty.
Section 26-2C-30 - Unlawful possession of cannabis; penalties.
Section 26-2C-31 - Unlicensed manufacturing of cannabis extract; penalty.
Section 26-2C-32 - Exemption from criminal and civil penalties; researchers.
Section 26-2C-33 - Reporting requirements for cannabis-related violations.
Section 26-2C-34 - Employer protections; exemptions.
Section 26-2C-35 - Appeal of rules.
Section 26-2C-36 - Public records and open meetings.
Section 26-2C-37 - Intrastate source.
Section 26-2C-38 - Imports and exports.
Section 26-2C-39 - Cannabis regulation fund.
Section 26-2C-40 - Plant limit. (Repealed effective December 31, 2025.)
Section 26-2C-41 - Indian nations, tribes and pueblos; intergovernmental agreements.