Notice of Proposed Rulemaking Amendments – August 12, 2022

The purpose of the public rule hearing is to receive public commentary to make amendments to existing rules. Proposed rule amendments will establish cannabis licensee health and safety rules that were previously promulgated on an emergency basis. Additional amendments will add rules related to the labeling of cannabis and cannabis products that have been tested according to required tests.

All written public comments must be received by 5:00pm on Friday, August 12, 2022. Persons will also be given the opportunity to present their comments at the rule hearing. Comments received prior to the rule hearing will be posted to the RLD website at: ccd.rld.state.nm.us.

The Division will begin accepting public comment on the proposed rules beginning Tuesday July 12, 2022. Please submit written comments on the proposed rules to Robert Sachs, Deputy Director of Policy for the Cannabis Control Division, via electronic mail at ccd.publiccomment@state.nm.us. Written comment may also be submitted by visiting the Division website at ccd.rld.state.nm.us or by mailing the comment to the following address:

 

Cannabis Control Division Public Comment
c/o Robert Sachs
P.O. Box 25101 Santa Fe, NM 87504

 

All written public comments must be received by 5:00pm on Friday, August 12, 2022. Persons will also be given the opportunity to present their comments at the rule hearing. Comments received prior to the rule hearing will be posted to the RLD website at: ccd.rld.state.nm.us.

No later than July 12, 2022, interested parties may obtain and review copies of the proposed rules and public comments by going to the Cannabis Control Division website at https://ccd.rld.state.nm.us/ or by contacting the Cannabis Control Division at rld.cannabiscontrol@state.nm.us or (505) 476-4995.

Any individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or other form of auxiliary aid or service to attend or participate in the hearing should contact Terry Last, Executive Assistant for the Cannabis Control Division, rld.cannabiscontrol@state.nm.us or (505) 476-4995 at least seven (7) days prior to the hearing.

Attend the August 12, 2022 Rule Hearing

Notice of Proposed Hearing

CLICK HERE TO VIEW

Click here to view the proposed rules

16.8.3
16.8.6

Reference Materials Used in Drafting the Proposed Rule Making

RULES - ALASKA
RULES - CALIFORNIA
RULES - COLORADO
RULES - MAINE
RULES - MASSACHUSETTS MEDICAL
RULES - MASSACHUSETTS RECREATIONAL
RULES - MICHIGAN
RULES - OREGON
RULES - WASHINGTON

8 Comments

  1. Public comment submitted by Eil Goodman of Best Daze on August 11, 2022 at 10:52 a.m.

    Hello,

    There is a proposed rule hearing tomorrow – Friday 8/12/22 – for cannabis.
    We would like to request rule 16.8.3.9 O. in the proposed rule be amended:

    from “two inches squared and does not have sufficient…” to “two inches squared or does not have sufficient…..”, in other words, change the word “and” to the word “or.” We are discovering circumstances where the surface area is larger than 2 inches squared but still lack sufficient space to provide consumers all the requisite safety information. This amendment is requested so that the industry is able to provide the safety information in an accessible and readable format on the primary label by utilizing a QR code. As the rule is currently written, manufacturers will have to use containers that are at least 2 inches squared which may lead to excess waste for products that do not require that amount of packaging.

    Thank you
    Eli Goodman
    COO
    Best Daze
    323-309-6078

  2. Public Comment submitted by Kelly Laird, Western Environmental Management on August 11, 2022 at 9:25 a.m.

    Hello:

    I would like to comment on rule 16.8.3.9.

    The proposed rule be amended to the following:

    from “two inches squared and does not have sufficient”…..to “two inches squared OR does not have sufficient…..”. In other words, change the word “and” to the word “or”. There are circumstances where the surface area is larger than 2 inches squared but still lack sufficient space to provide consumers all the requisite safety information. This amendment is requested so that the industry is able to provide the safety information in an easy, accessible and readable format on the primary label by using a QR code. As the rule is currently written, manufacturers will have to use containers that are at least 2 inches squared which may lead to excess waste for products that do not require that amount of packaging.

    Thank you for your time.

    Kelly Laird
    Western Environmental Management
    575/885-5709
    575/885-8347 – fax
    kelly_laird@wemwater.com

  3. Public comment submitted by Chris Mechels on August 9, 2022 at 8:43 p.m.

    Dear Mr. Sachs,

    I’ve just been examining the documents presented for this hearing, and see some serious problems, with the notice and the changes proposed.

    The notice does not accurately describe the changes. You are NOT “making amendments to existing Rules”. 16.8.6 does not exist at this time, it expired on 6/02/2022. You are presenting a new 16.8.6 for acceptance. Further confusion because the NEW 16.8.6 is NOT simply the same as the old Emergency Rule, it has subtle changes. All of this should be noted, as you are misleading us at present.

    The 16.8.3 change is NOT a “Proposed New Rule”, it is a very modest change to an existing Rule. Even this small change has a problem as the mark up is incorrect. The insertion of new section L causes following sections to be relabeled, and the mark up should indicate that. It doesn’t.

    Your notice and failure to accurately describe the changes would seem to warrant doing it over, but the expired 16.8.6 probably is significant enough for you to insist on pressing on.

    Your ongoing problems with Rule Making are disappointing, though you have improved somewhat. Your CCD Rulemaking is simply illegal, rife with illegal Rule Makings, and overuse of Emergency Rule Makings, most of them illegal, in violation of the NM Rules Act. You are using illegal methods to install the Regulation act? Who’s regulating YOU??

    I just examined also some five CCD Rules posted in the Issue 13 Register; 16.8.1,2,7,10 and 12. They just “popped up” out of nowhere, with no hearing to explain them. This is truly outrageous and must stop. I’ve not seen anyone else doing such nonsense. 16.8.12 NMAC dates all the way back to 6/29/2021. How can the public possibly track such nonsense?

    Past the long delays from hearing to filing the Rules, which causes them to “pop up” in the Register, all five changes are in violation of the Rules Act, thus open to legal challenge and dismissal. In particular the three Rules involved from the 12/9/2021 hearing which was a very clear violation of the 30 day notice requirement. You very clearly chose to proceed in violation of our laws, and yet now propose to enforce these illegal laws. “You can’t draw fresh water from a dirty stream”.

    I will raise this at the next Records Commission meeting, as they “should” be doing oversight and cutting off your shoddy practices. If they would do THEIR job, you would have been forced to compliance with the Rules Act.

    I realize that the deadlines installed in the Cannabis Act could not be legally met, due to Rules Act requirements. You, and RLD, clearly, and knowingly, broke our laws installing the Act. In my opinion this “scofflaw” attitude dooms the Cannabis Act, which will just become another criminal enterprise with ineffective oversight. A fine legacy for the Governor and RLD.

    Please consider your actions.

    Chris Mechels

  4. Public comment from Kristina Caffrey of Ultra Health on August 10, 2022, at 10:43 a.m.

    Caffrey, Kristina 2022.08.10

  5. Public comment submitted by Johnathan Gerhardt of the New Mexico Department of the Environment on August 8, 2022 at 12:54PM

    Gerhardt, Jonathan 2022.08.08

  6. New Mexico Cannabis Tourism Association on Sat 7/30/2022 4:54 PM

    We are the New Mexico Cannabis Tourism Association and represent Cannabis Tourism here in the State of New Mexico. We are writing today to discuss a proposal for a change in rules that would help foster more opportunities for Tourism in the State.

    On April 20th, 2022 we hosted the First Annual Las Cruces Hemp and Cannabis Festival with a huge success. A large portion of the 1000-plus people we saw through our event that day travled from El Paso and other areas outside of Las Cruces. This was huge for the Cannabis Industry and the Businesses involved with the event.

    We had hoped to host this event in the Public Plaza that hosts numerous other events including both a Beer and Tequila Festival. The city forced us to relocate then we were threatened by persons within this office with various charges if we continued to host our event in the manner we were hoping to at the time. Those were issued at 3 pm the day before the event.

    Other events across the state were also harassed. We removed the allowance of consumption and had our expected turnout cut in half or more. We also came across the Advisory Council that was written into the law and between that and the current regulation, there is no current allowance for anyone to host a public event that includes cannabis. The promotion of Alcohol though continues to be the norm. We applied to that council and received no response.

    What we are proposing is an expansion of the Consumption Space Licensing process. Many in the event productions industry do not wish to hold a Retail License as that is a cost and overhead we do not wish to have. We already have huge amounts of overhead in entertainment, sound, insurance, and other costs.

    What we hope to see are mobile or special event licenses that we can either apply for annually or per event. As event producers, we do not always have physical locations and move between spaces. Having both a non-retail and a retail license could also be an idea. Say a spa wishes to allow consumption could apply, or an event space that does not offer alcohol.

    We know there was consideration for Bars to have retail/consumption last session, this would be for non-bar locations that have customers that wish to consume while participating in the business offerings.

    There are stories all over the news of hotels and spaces opening, and events across the country allowing sales and consumption without issue. There are millions in potential revenue both in and out of the Cannabis Sector that could be had with this change.

    We have the support of vendors, retail cannabis brands, producers, and event spaces. We have the general support of the Cannabis Industry when we ask that these considerations be made and changes are considered to the expansion of the Consumption Licensing.

    New Mexico Cannabis Tourism Association
    Las Cruces New Mexico
    575-323-1223

    Media:

    https://www.lcsun-news.com/story/entertainment/2022/04/15/check-out-how-las-cruces-celebrating-420-year-now-cannabis-legal-state-new-mexico-weed-april-20-nm/7294891001/

    https://kvia.com/news/local-news/2022/04/20/las-cruces-celebrates-4-20-days-after-recreational-sales-begin/

    https://www.ktsm.com/video/first-hemp-and-cannabis-festival-set-for-420-in-las-cruces/7568263/

    https://www.facebook.com/watch/?v=3134469170153386

    https://kfoxtv.com/news/local/gallery-420-events-in-las-cruces-420-events-marijuana-festival-april-20-smoking-event-new-mexico-420-holiday-world-peace-smoke-shop-laughing-grass-festival-picacho-peak-brewing-company?fbclid=IwAR1LqngC3pdz7S8CDOBeMP5n82F1nnQlWsXLsUkVDI-8kiE88AZPN15uYZY

  7. I was wondering what the batch size limits will be when testing edibles and topicals? I was also wondering why we need to submit a certification to NMED when it states in 16.8.6.7 (F) Certification to NMED, as specified in Subsections (A) through (E) of 16.8.6.1 shall no longer be required after December 31, 2022? I was wanting more clarity on this section. Thanks in advance.

  8. I wish the regulations for edibles and for topicals could be separated, since so much of the worry re. production, use and labeling are only applicable to edibles. I am working to develop a simple line of topical CBD an THC salves. This will be a very small operation, with only intermittent production. But it will greatly aid the economic stability of us, the small-town manufacturers, and, the success of our local retailers who are seeking local producers in order to support the economic development of our community. 4 simple, clean ingredients in a topical product, professionally tested and properly labeled, should have a straightforward path for success vs. the same, well-justified, pages of regulations as a manufacturer of edibles.

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