2021 New Mexico Statutes
Article 2C - Cannabis Regulation
Section 26-2C-5 - Department of health; duties; transfer of licensing duties.

Except for administration of the medical cannabis registry, the power, duty and authority of the department of health related to the medical cannabis program shall be transferred to the division on the effective date of the Cannabis Regulation Act.
History: Laws 2021 (1st S.S.), ch. 4, § 5.
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.
Temporary provisions. — Laws 2021 (1st S.S.), ch. 4, § 70 provided:
A. On June 29, 2021, all functions, personnel, money, appropriations, records, furniture, equipment and other property of the department of health's medical cannabis program that are not part of the department's medical cannabis registry powers and duties shall be transferred to the regulation and licensing department.
B. On June 29, 2021, all contractual obligations and other agreements of the department of health as they pertain to the department's medical cannabis program that are not part of the department's medical cannabis registry powers and duties are binding on the regulation and licensing department.
C. Statutory references to the department of health that pertain to the department's medical cannabis program that are not part of the department's medical cannabis registry powers and duties shall be deemed to be references to the cannabis control division of the regulation and licensing department.
D. On June 29, 2021, any unexpended or unencumbered balance in the medical cannabis fund is transferred to the cannabis regulation fund.
E. Except to the extent any administrative rules are inconsistent with the provisions of this act, any administrative rules adopted by an officer, agency or other entity whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in force until amended by the officer, agency or other entity to which the responsibility for the adoption of the rules has been transferred. To the extent any administrative rules are inconsistent with the provisions of this act, such rules are null and void.

Structure 2021 New Mexico Statutes

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-3 - Division; powers and duties; rulemaking; advisory committee created; membership; duties.

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-6 - Licensing cannabis activities; limitations; medical cannabis legacy licensing; cannabis shortage for medical program.

Section 26-2C-7 - Commercial cannabis activity licensing; application; issuance and denial of a license.

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-11 - Cannabis server permits; cannabis servers; permit required; applications; education program approval required; issuance or denial of a permit or approval; penalties.

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-21 - Contracts.

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.

Section 26-2C-42 - Cooperation of agencies.