A. The department may enter into one or more intergovernmental agreements with any tribal government to efficiently coordinate the cross-jurisdictional administration of the laws of this state and the laws of tribal governments relating to the use of cannabis products set forth in the Cannabis Regulation Act and the Lynn and Erin Compassionate Use Act [Chapter 26, Article 2B NMSA 1978]. The agreements may include, without limitation, provisions relating to:
(1) criminal and civil law enforcement;
(2) regulatory issues relating to the possession, delivery, production, processing or use of cannabis products;
(3) the administration of laws relating to taxation;
(4) any immunity, preemption or conflict of law relating to the possession, delivery, production, processing or use of cannabis products; and
(5) the resolution of any disputes between a tribal government and the state, which may include, without limitation, the use of mediation or other nonjudicial processes.
B. An agreement entered into pursuant to this section shall:
(1) provide for the preservation of public health and safety;
(2) ensure the security of cannabis establishments and the corresponding facilities on tribal land;
(3) establish provisions regulating business involving cannabis that passes between tribal land and non-tribal land in New Mexico; and
(4) be negotiated in good faith, which shall respect and protect state and tribal sovereign immunity.
C. As used in this section, "tribal government" means a federally recognized Indian nation, tribe or pueblo located wholly or partially in the state.
History: Laws 2021 (1st S.S.), ch. 4, § 41.
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.