Cannabis Rules & Regulations: New Mexico

Cannabis Rules & Regulations: New Mexico

New Mexico Cannabis History

In 1978, New Mexico became the first state in the country to pass legislation recognizing the medical value of marijuana with The Controlled Substances Therapeutic Research Act.  Between 1978 and 1986, approximately 250 cancer patients received either cannabis or THC through the Lynn Pierson Therapeutic Research Program.  2007 saw Senate Bill 523 signed into law, which allowed the use of cannabis for patients with qualifying conditions.  

On March 31, 2021, The New Mexico State legislature passed House Bill 2, legalizing marijuana for adult use in New Mexico.  The Governor has promised to sign the bill into law, which would make New Mexico the 16th U.S. state to allow recreational marijuana use.

New Mexico Child-Resistant Packaging Rules

New Mexico’s child-resistant marijuana packaging and labeling requirements are established in Title 7, Chapter 34, Part 4 – Licensing Requirements for Producers, Couriers, Manufacturers and Laboratories, and include the following:

C.            Packaging and labeling:  a manufacturer applicant shall submit a description and sample of the opaque, child resistant packaging of the concentrate or cannabis-derived product that the manufacturer shall utilize, including a label that shall contain:

  • (1)  the name of the entity that produced the cannabis and the name of the manufacturer;
  • (2) a batch number or code;
  • (3) a production date or expiration date, including a “use by” or “freeze by” date for products capable of supporting the growth of infectious, toxigenic, or spoilage microorganisms;
  • (4) a description of the number of units of usable cannabis contained within the product;
  • (5) instructions for use;
  • (6) warnings for use;
  • (7) instructions for appropriate storage;
  • (8) approved laboratory analysis, including the results of strength and composition within ten percent (10%) of numbers shown on the package;
  • (9) the name of the strain,  product facts, or a nutrition fact panel, and a statement that the product is for medical use by qualified patients, to be kept away from children, and not for resale; and
  • (10) the name of the department approved testing facility or facilities used for ingredient testing, and the type(s) of testing conducted.

Additional regulations are contained in the Poison Prevention Packaging Act of 1970 (PPPA), which mandates that prescription drugs be placed in special containers designed to be difficult for children to open.

Useful Links for New Mexico Cannabis Regulations

New Mexico Medical Cannabis Program Guide
New Mexico State Law Chapter 34 - Medical Use of Cannabis

New Mexico Cannabis Growers Application

Medical Cannabis Program Manufacturer Application

Editor's Note: Status as of 4/5/2021

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