2021 New Mexico Statutes
Article 16 - Regulation and Licensing Department
Section 9-16-4 - Department established.

The "regulation and licensing department" is created in the executive branch. The department shall not be a cabinet department. The department shall consist of but not be limited to the following divisions:
A. the administrative services division;
B. the construction industries division;
C. the financial institutions division;
D. the securities division;
E. the manufactured housing division;
F. the alcoholic beverage control division; and
G. the cannabis control division.
History: Laws 1983, ch. 297, § 20; 1985, ch. 173, § 1; 1988, ch. 102, § 1; 2001, ch. 86, § 1; 2019, ch. 29, § 1; 2021 (1st S.S.), ch. 4, § 55.
Cross references. — For financial institutions and regulations and securities generally, see Chapter 58 NMSA 1978.
For construction industries licensing, see 60-13-1 NMSA 1978 et seq.
For manufactured housing, see 60-14-1 NMSA 1978 et seq.
The 2021 (1st S.S.) amendment, effective June 29, 2021, established the cannabis control division in the regulation and licensing department; added Subsection G.
Temporary provisions. — Laws 2021 (1st S.S.), ch. 4, § 70, effective June 29, 2021, 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.
The 2019 amendment, effective June 14, 2019, renamed the alcohol and gaming division to the alcoholic beverage control division; after "not be limited to", deleted "six" and added "the following", and after "divisions", deleted "as follows"; and in Subsection F, deleted "alcohol and gaming" and added "alcoholic beverage control".
Temporary provisions. — Laws 2019, ch. 29, § 5 provided that on June 14, 2019, all:
A. functions, personnel, appropriations, money, records, furniture, equipment and other property of the alcohol and gaming division of the regulation and licensing department are transferred to the alcoholic beverage control division of that department;
B. contractual obligations of the alcohol and gaming division of the regulation and licensing department shall be deemed to be references to the alcoholic beverage control division of that department; and
C. references in law to the alcohol and gaming division of the regulation and licensing department shall be deemed to be references to the alcoholic beverage control division of that department.
The 2001 amendment, effective July 1, 2001, added a sixth division, the alcohol and gaming commission, to the executive branch of the regulation and licensing department.