Licensing FAQs

Is there a limit on licenses being issued?

Currently, the State of New Mexico Regulation and Licensing Department does not have any limits on any cannabis license types per the Cannabis Regulation Act.

Can my city or town ban adult-use cannabis facilities?

No. Per the Cannabis Regulation Act, section 12(A) and (B) NMSA 1978, local communities can place reasonable time, place, and manner restrictions on cannabis businesses to reflect community needs and values. However, a local community cannot outright ban operations by cannabis licensees. The only exception to this is consumption areas. Local jurisdictions can opt out of allowing consumption areas if that is the right decision for them.

How long does it take to get licensed?

The CCD doesn’t offer time frames for how long an application will take to process. Each application is unique, and some may have different requirements than others. The CCD relies on other state agencies to provide us with information and your application cannot be processed without this information. Rest assured we are processing applications as quickly as possible. We want to get you licensed.

Who do I contact regarding licensing questions?

After you submit your application, you will receive an email notifying you which licensing specialist has been assigned to your case, along with their contact information. If you haven’t been assigned to a licensing specialist and you have a question specific to licensing or concerning your application, you can email CCD’s Licensing department at CCD.Licensing@rld.nm.gov or visit the CCD website for a staff directory.

What is needed to get a license?

Each application has its own requirements. You can review each license type and what is required by downloading the checklist for the license you want to apply for. Click here to download the different license checklists.

What forms do I need to apply for a license? Where can I find the applications?

Most of the forms are the same for any one of the cannabis licenses, however, each application is different and may require forms other applications do not. All applications can be found on the division’s website here.

Can you send me a paper application for the license?

All applications can be found and must be completed online through the division’s website.

How does a criminal background check get processed?

A background check is performed on each controlling person. A controlling person is any person who controls a financial or voting interest of 10% or more of, or an officer or board member of, a cannabis establishment; and does not include a bank or licensed lending institution. Please complete an “Authorization for Release of Information” form for each controlling person.

 

The form can be downloaded by clicking the following link: Authorization for Release of Information Form

 

All “Authorization for Release of Information” forms shall be signed by the controlling person, notarized, and submitted to the New Mexico Department of Public Safety (DPS) with a fee in the amount of $15.00. The DPS will provide you with their findings, which you will be required to submit to the CCD with your application for a cannabis license. Please DO NOT send these forms to the CCD office; they will be returned to the applicant and delay the process.

what reasons would my release of information be rejected?

Please be advised the DPS will reject Authorization for Release of Information forms for the following reasons:

 

1. The Department of Public Safety (DPS) Authorization for Release of Information Form must be used when requesting arrest information pursuant to section 29-10-6(A) of the Arrest Information Act.

 

2. The Authorization Form was received and was not notarized. Form must be notarized before submitting it by mail to the DPS.

 

3. Both Notary and applicant must sign and date the Authorization for Release of Information form. The purpose of the Notary is to verify the information and witness the signature of the applicant.

 

4. Incomplete Information: Please ensure that first/last name, date of birth, and social security number are provided along with any aliases. This form must be filled out completely and fully legible.

 

5. Incorrect Fee Submitted. A fee of $15.00 is required for an NM Statewide Background Check.

 

6. Payment was not enclosed. We accept payment in the form of a personal check/cashier’s check and or money order.

 

7.  Check/Money Order must be made out to NM Department of Public Safety.

 

8. Check/Money Order will be rejected if not filled out completely or signed by the purchaser.

 

9. Cash and Credit Card payments are ONLY accepted when background check requests are made as a walk-in to our office.

 

*Applicants with a criminal history should expect the background check process to take up to 15 days for completion.

*Applicants must be sure to include on the Authorization Form the address of where the results should be mailed.

 

For questions regarding your background check, including the status of completion or criminal history, you may visit their website at: Fingerprinting & Background Checks – NM Department of Public Safety or call (505) 827-9181.

What criminal charges exclude me from getting a license?

Per the Cannabis Regulation Act, 26-2C-7 sections (E) and (F) NMSA 1978, the following are considered grounds for disqualification for cannabis business licensure:

    1. a felony conviction involving fraud, deceit or embezzlement;
    2. a felony conviction for hiring, employing or otherwise using a person younger than eighteen years of age to:
  1. prepare for sale, transport or carry a controlled substance; or
  2. sell, give away or offer to sell a controlled substance to any person; and
  3. any other offense as determined by the division.
    1. A conviction for which the related sentence, including any term of probation or parole, is completed for the possession, use, manufacture, distribution or dispensing or the possession with the intent to manufacture, distribute or dispense cannabis is not considered substantially related to the qualifications, functions or duties of a person seeking a license and shall not be the sole ground on which an application is denied.  The division shall comply with the provisions of the Criminal Offender Employment Act [Chapter 28, Article 2 NMSA 1978].

 

Background checks are reviewed on a case-by-case basis.

Where can I check the status of my application?

You can view the status of your application through Salesforce, the licensing platform you used to submit your application. Just log back in and the status of the application will be displayed there.

How do I change my mailing address?

Changing the mailing address on your current license is considered an administrative change and can be accomplished with a written request from a controlling person sent to CCD.Licensing@rld.nm.gov

How long does it take for my license to come in the mail?

After approval of a license, all official licenses are mailed via the USPS and delivery is dependent on that agency.

Who do I need to contact for water information/ what documents do I need for water?

You will need to contact the New Mexico Office of the State Engineer (OSE) for all water sources except municipal water to obtain approval and validation for your water rights and to determine if the right is configured correctly for the proposed use and place of use etc.

 

All water rights must be approved BEFORE an applicant may apply for a cannabis producer license.

 

For information regarding the required documentation and the approval process, you may contact your local District (Map) by visiting the OSE website at: Water Rights Allocation Program – NM OSE.  Also, a YouTube tutorial may be accessed through the following link: Cannabis Water Rights Verification (Video).  In addition, the OSE requires applicants to complete the OSE Cannabis Water Rights Review Accession Form, which can be downloaded from the following link: Accession Form.

 

Additional Information can be found at: OSE FAQs

How do I confirm I have proper water rights for cannabis usage?

You need to contact the New Mexico Office of the State Engineer (OSE) for all water sources except municipal water to obtain approval and validation for your water right and to determine if the right is configured correctly for the proposed use and place of use, etc.

 

All water rights must be approved BEFORE an applicant may apply for a cannabis producer license.

 

Per the OSE, if you are using a city/municipal water source, you do not need a water right. Water hauling, although discouraged by the OSE, will be limited to one “bridge” year to get proper water rights, or hook up to a city/municipal source.

 

For information regarding the required documentation and the approval process, you may contact your local District (Map) by visiting the OSE website at: Water Rights Allocation Program – NM OSE.  Also, a YouTube tutorial may be accessed through the following link: Cannabis Water Rights Verification (Video).  In addition, the OSE requires applicants to complete the OSE Cannabis Water Rights Review Accession Form, which can be downloaded from the following link: Accession Form.

 

Additional Information can be found at: OSE FAQs

Can I bypass the state engineer with water from my local municipality or a water truck?

You may bypass the Office of the State Engineer (OSE) ONLY when your water source is municipal water (i.e. water from City of Albuquerque, City of Las Cruces, City of Santa Fe, etc.). The applicant shall provide a letter from the appropriate municipality stating that the water can be used for cultivation. The CCD will review and validate this water source.

 

If you wish to use water hauling while you obtain a water right, this must be approved by the State Engineer and the water source of that water hauler will need verification and they must be on the NMED list of approved water haulers. The OSE will follow up with you at the end of that year to ensure you have a valid water right. Water hauling is both discouraged and limited to one “bridge” year, and you must provide a letter from the water hauler stating that the water they are delivering can be used for cannabis cultivation.

What is needed to use water from a municipalities water?

A water service account documentation letter from the municipal water source (i.e. water from City of Albuquerque, City of Las Cruces, City of Santa Fe, etc.) that will be providing water which contains the applicant’s contact information, the premise location the water is being hauled/serviced to, and an explicit permission to use the water for cannabis agriculture. The CCD will review and validate this water source.

Can I use a domestic well to water my cannabis?

Not for commercial use but can be used for personal use.

Do I need a manufacturer license to sell deli style?

Yes, A class 1 manufacturing license is required to sell deli style as well as packaging any cannabis product for sale to the consumer. You may read these rules and more on our website or by clicking here.

Can I be issued a Class IV Manufacturing license prior to CID approval of LP Gas Permit?

No, all gas permits must be issued prior to licensure.

Are the Division-approved logos required to sell cannabis? Where do I get them?

The NM THC logo is required to be on all cannabis products. The NM MICRO BIZ logo is not required to be on cannabis products, it is just an option for microbusiness to utilize to let consumers know the product was produced, manufactured, and/or sold by a licensed New Mexico microbusiness.

All approved logos can be located on the division’s website. If you are looking for the microbusinesses approved logo, please email RLD.CannabisControl@rld.nm.gov to request this logo.

Where do I send my fees for renewals, courier applications, consumption applications?

The CCD can only accept Cashier’s Checks for these types of payments.  Please send them with a note or letter to include your license number indicating what the payment is for to:

Cannabis Control Division, P.O Box 25101, Santa Fe, NM 87504

All other new application fees may be completed online.

What documents are required to add a controlling person/persons to my license?

The following are needed to add a controlling person/persons to a license:

  • Proposed change of Controlling Person Application
  • Government issued ID
  • Authorization for Release of Information
  • Official Secretary of State or Tax and Revenue documentation showing said person is an owner.
  • Articles of Organization

As a reminder, a controlling person is a person who controls a financial or voting interest of ten (10) percent or more of the cannabis establishment or an officer or board member of the cannabis establishment. A controlling person does not involve a bank or lending institution but does include a corporation, a business trust, estate, partnership, LLC, association, joint venture, or any other legal or commercial entity, and this information must be provided.

What documents are required to remove a controlling person/persons from my license?

The following are needed to remove a controlling person/persons to a license:

  • Proposed change of controlling person application signed by the person who wishes to be removed.
  • Official Secretary of State or Tax and Revenue documentation showing said person’s removal.
  • Articles of dissolution or organization or operating agreement 
  • Affidavit signed by all controlling persons indicating all agree to the removal of the person being removed from the license.

As a reminder, a controlling person is a person who controls a financial or voting interest of ten (10) percent or more of the cannabis establishment or an officer or board member of the cannabis establishment. A controlling person does not involve a bank or lending institution but does include a corporation, a business trust, estate, partnership, LLC, association, joint venture, or any other legal or commercial entity, and this information must be provided.

How long does an Amendment take to process?

The division has 90 days to complete amendment requests.

Why do I have to submit my renewal on paper for my license type?

Currently the licensing portal is not open for vertically integrated cannabis establishments or integrated cannabis microbusinesses. The existing process generates a correct renewal for that license type.

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