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New Mexico Traceability API XML
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Information will be updated here as it becomes available. Check back for updates! Please note; while we aim to keep this pages fully up to date with the latest information, cannabis laws are always changing. We encourage you to verify these rules and regulations in the official legal text, which we’ve linked throughout the page for your convenience.
Updated: January 2022
New Mexico legalized the use of marijuana for recreational purposes under the Cannabis Regulation Act, effective June 29, 2021. Recreational marijuana is also commonly referred to as “adult use” cannabis to distinguish it from medical marijuana, which New Mexico legalized under the Lynn and Erin Compassionate Use Act in 2007.
Currently, New Mexico’s Cannabis Control Division (CCD) oversees licensing, taxing, and enforcing regulations for adult use cannabis. The CCD also administers the licensing and regulatory provisions of the Medical Cannabis Program.
Below you will find information regarding licensing procedures for dispensaries, producers, and manufacturers. We keep this page up-to-date when new information becomes available. Please note that this page is for informational purposes only and should not be considered legal advice.
Definition
Dispensaries sell recreational or medical cannabis and cannabis products in a legal, regulated setting.
Requirements – Medical and Adult Use Dispensaries
Applicants must undergo a background check. A criminal history screening is required for each partner of a limited partnership, each member of a limited liability company, and each director, officer, or trustee of a corporation or trust. Any controlling person—an officer, board member, or individual that controls a financial and/or voting interest of a cannabis establishment and is at least 21 years old—must also undergo a criminal history screening.
Process – Medical and Adult Use Dispensaries
The Cannabis Control Division (CCD) will first conduct a background check of the applicant’s controlling persons. Each controlling person must submit their fingerprints to the New Mexico Department of Public Safety and the Federal Bureau of Investigation for state and federal criminal history reports. The results will then be released to the CCD for review.
Next, applicants must complete and submit their Cannabis Retailer Application using the CCD’s online application portal. There is a nonrefundable application fee, along with an annual license fee of $2,500.
A license will either be granted or denied within 90 days of the CCD accepting a completed application.
If an applicant submits an incomplete application, the CCD will send them an email specifying the missing information or materials that need to be sent in. All licensing or renewal fees are nonrefundable and must be paid after each new application.
Similarly, the CCD may request that an applicant provide additional information in order to process and fully review their application. If the CCD does not receive the requested information within 90 days, it will deny licensure.
Upon written request of the applicant, the CCD may issue a provisional license letter with the remaining items necessary for the application to be considered complete. Applicants have six months to obtain and submit the necessary items. If more time is needed, the CCD may extend the provisional license letter for an additional six months. The provisional license letter does not permit an applicant to purchase, possess, sell, or dispense cannabis or cannabis-infused products; applicants can only exercise the privileges of licensure after the CCD approves their application and issues an official license.
Most states require dispensaries to track and trace all of their cannabis-related products for regulatory and compliance reporting requirements. Our cannabis POS and inventory management system provides comprehensive seed-to-sale cannabis tracking with a focus on compliant data points. If your state requires seed-to-sale systems to stay compliant, BioTrack has you covered. Our system is customized to meet the unique regulatory frameworks in each and every state.
Definition
Producers, also commonly referred to as growers or cultivators, are responsible for growing cannabis. Once harvested, mature plants are transferred to processors. In New Mexico, there are two classes of producers: cannabis producers and cannabis producer microbusinesses. A cannabis producer microbusiness cannot possess more than 200 mature cannabis plants at any given time.
Requirements – Producers
Applicants must undergo a background check. A criminal history screening is required for each partner of a limited partnership, each member of a limited liability company, and each director, officer, or trustee of a corporation or trust. Any controlling person—an officer, board member, or individual that controls a financial and/or voting interest of a cannabis establishment and is at least 21 years old—must also undergo a criminal history screening.
Process – Producers
The Cannabis Control Division (CCD) will first conduct a background check of the applicant’s controlling persons. Each controlling person must submit their fingerprints to the New Mexico Department of Public Safety and the Federal Bureau of Investigation for state and federal criminal history reports. The results will then be released to the CCD for review.
Next, applicants must complete and submit their Cannabis Producer Application using the CCD’s online application portal. There is a nonrefundable application fee. The annual licensing fee for a producer is $2,500, plus an annual fee of $10/plant for each mature commercial cannabis plant and $5/plant for each mature medical cannabis plant. For a producer microbusiness, the annual licensing fee is $500 for growing 100 plants or less and $1,000 for growing over 100 plants.
A license will either be granted or denied within 90 days of the CCD accepting a completed application. Annual plant fees must be paid upon the CCD’s approval of the initial application and approval of the number of cannabis plants that a licensee may grow.
If an applicant submits an incomplete application, the CCD will send an email specifying the missing information or materials that need to be sent in. All licensing or renewal fees are nonrefundable and must be paid after each new application.
Similarly, the CCD may request that an applicant provide additional information in order to process and fully review their application. If the CCD does not receive the requested information within 90 days, it will deny licensure.
Upon written request of the applicant, the CCD may issue a provisional license letter with the remaining items necessary for the application to be considered complete. Applicants have six months to obtain and submit the necessary items. If more time is needed, the CCD may extend the provisional license letter for an additional six months. The provisional license letter does not permit an applicant to plant, grow, or harvest cannabis (except for personal use); applicants can only exercise the privileges of licensure after the CCD approves their application and issues an official license.
Most states require dispensaries to track and trace all of their cannabis-related products for regulatory and compliance reporting requirements. Our cannabis production and inventory management system provides comprehensive seed-to-sale cannabis tracking with a focus on compliant data points. If your state requires seed-to-sale systems to stay compliant, BioTrack has you covered. Our system is customized to meet the unique regulatory frameworks in each and every state.
Definition
Also known as processors, manufacturers take harvested cannabis from producers and create derivative extracts for edibles, concentrates, topicals, and prepacks. Once finished, their products are transported to dispensaries. In New Mexico, there are four classes of manufacturers:
Requirements – Manufacturers
Applicants must undergo a background check. A criminal history screening is required for each partner of a limited partnership, each member of a limited liability company, and each director, officer, or trustee of a corporation or trust. Any controlling person—an officer, board member, or individual that controls a financial and/or voting interest of a cannabis establishment and is at least 21 years old—must also undergo a criminal history screening.
Process – Manufacturers
The Cannabis Control Division (CCD) will first conduct a background check of the applicant’s controlling persons. Each controlling person must submit their fingerprints to the New Mexico Department of Public Safety and the Federal Bureau of Investigation for state and federal criminal history reports. The results will then be released to the CCD for review.
Next, applicants must complete and submit their Cannabis Manufacturer Application using the CCD’s online application portal. There is a nonrefundable application fee, along with an annual license fee of $2,500.
A license will either be granted or denied within 90 days of the CCD accepting a completed application.
If an applicant submits an incomplete application, the CCD will send an email specifying the missing information or materials that need to be sent in. All licensing or renewal fees are nonrefundable and must be paid after each new application.
Similarly, the CCD may request that an applicant provide additional information in order to process and fully review their application. If the CCD does not receive the requested information within 90 days, it will deny licensure.
Upon written request of the applicant, the CCD may issue a provisional license letter with the remaining items necessary for the application to be considered complete. Applicants have six months to obtain and submit the necessary items. If more time is needed, the CCD may extend the provisional license letter for an additional six months. The provisional license letter does not permit an applicant to manufacture or transport cannabis or cannabis-infused products; applicants can only exercise the privileges of licensure after the CCD approves their application and issues an official license.
Every license holder and employee involved in the handling, transportation, manufacture, extraction, testing, and packaging of cannabis products must successfully complete a food handler course accredited by the American National Standards Institute prior to conducting business. License holders must have documentation that proves the fulfillment of this requirement.
Most states require dispensaries to track and trace all of their cannabis-related products for regulatory and compliance reporting requirements. Our cannabis manufacturing management system provides comprehensive seed-to-sale cannabis tracking with a focus on compliant data points. If your state requires seed-to-sale systems to stay compliant, BioTrack has you covered. Our system is customized to meet the unique regulatory frameworks in each and every state.
Vertically Integrated Cannabis Establishment
A vertically integrated cannabis establishment license authorizes a business to do one or more of the following: produce cannabis, manufacture cannabis products, dispense cannabis products, and transport cannabis products.
Applicants must meet all qualifications for each type of cannabis activity they intend to undertake. Applicants must request to add or remove a cannabis establishment activity by submitting an amended application and paying any required fees. If an applicant does not plan to run all cannabis establishment activities on a single premises, they must pay a fee for each additional premises. An applicant cannot conduct any activity until they receive written approval from the Cannabis Control Division (CCD).
Integrated Cannabis Microbusiness
An integrated cannabis microbusiness license authorizes a business to do one or more of the following:
Applicants must meet all qualifications for each type of cannabis activity they intend to undertake. Applicants must request to add or remove a cannabis establishment activity by submitting an amended application and paying any required fees. An applicant cannot conduct any activity until they receive written approval from the Cannabis Control Division (CCD).
Cannabis Consumption Area with On-Site Retail
A cannabis consumption area with on-site retail is a licensed premises where cannabis can be purchased for on-site consumption only. The cannabis consumption area must be limited to one of the following uses:
The application can be found on the Cannabis Control Division (CCD) website.
Most states require dispensaries to track and trace all of their cannabis-related products for regulatory and compliance reporting requirements. Our cannabis POS and inventory management system provides comprehensive seed-to-sale cannabis tracking with a focus on compliant data points. If your state requires seed-to-sale systems to stay compliant, BioTrack has you covered. Our system is customized to meet the unique regulatory frameworks in each and every state.
Q&A – CANNABIS LAWS
Who can purchase cannabis in New Mexico?
New Mexico residents aged 21 and older can purchase adult use cannabis from licensed dispensaries with a valid government-issued photo ID (e.g. driver’s license, passport, military ID card.) U.S. citizens from different states are also allowed to purchase and possess cannabis.
Individuals aged 18 and older holding a valid qualified patient, primary caregiver, or reciprocal participant registry card from New Mexico’s Medical Cannabis Program can purchase medical cannabis from licensed dispensaries.
Are there qualifying conditions for medical marijuana patients?
Yes. Patients must be diagnosed with a qualifying condition to use medical cannabis in New Mexico. You can find a list of the 28 qualifying conditions on the New Mexico Department of Health’s website. If a patient does not have a qualifying condition but their healthcare provider believes they would benefit from the medical use of cannabis, that person can petition the Medical Advisory Board to add their condition to the current list.
Q&A – RETAIL CANNABIS LICENSING
What state agency is in charge of retail cannabis licensing in New Mexico?
The Cannabis Control Division (CCD), part of the New Mexico Regulation and Licensing Department, is in charge of both adult use and medical retail cannabis licensing.
What are the application fees and costs for the adult use and medical cannabis retailer license?
A cannabis retailer license costs $2,500 annually, plus a $1,000 annual fee for each additional location.
Q&A – CANNABIS TRACKING AND REPORTING
What is the official state cannabis verification system in New Mexico?
BioTrack is New Mexico’s official cannabis verification and monitoring system. Our cannabis and hemp traceability system has extensive tracking and reporting capabilities to assist state and local governments with enforcing regulations, collecting taxes, verifying product quality, and preventing illegal cannabis diversion and inversion.
What are the tracking and reporting requirements for cannabis retailers in New Mexico?
A dispensary must establish an account with the state’s verification system that documents:
Additionally, a dispensary must reconcile, document, and balance inventory at least once a month by confirming that the amount of physical product at the dispensary matches its own point-of-sale system.
Is BioTrack compliant with New Mexico’s cannabis tracking, reporting, and inventory control requirements?
Yes. Our extensive seed-to-sale software allows licensed operators to remain compliant while identifying key data points to streamline and optimize inventory management at each phase of the operation. Some of our features include:
New Mexico’s Medical Cannabis Program is operated by the Department of Health.
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