SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE BILL 6

56th legislature - STATE OF NEW MEXICO - second session, 2024

 

 

 

 

 

 

 

AN ACT

RELATING TO CANNABIS REGULATION; CHANGING DEFINITIONS; PROVIDING POWERS AND DUTIES; PROVIDING PROCEDURES FOR CRIMINAL HISTORY BACKGROUND CHECKS; PROHIBITING DRIVE-UP WINDOWS AT CANNABIS RETAIL ESTABLISHMENTS; REMOVING THE PROHIBITION AGAINST A PERSON OWNING BOTH A CANNABIS LICENSE AND A LICENSE UNDER THE LIQUOR CONTROL ACT; PROHIBITING CO-LOCATION OF CANNABIS ACTIVITIES AND ALCOHOLIC BEVERAGE SALES OR SERVICE ACTIVITIES TO THE PUBLIC OR MEMBERS OF PRIVATE CLUBS; PROVIDING FOR INVESTIGATORY CONFIDENTIALITY; ALLOWING FOR LICENSEE CONVERSION FROM NONPROFIT TO FOR-PROFIT CORPORATE STATUS; CHANGING PACKAGING REQUIREMENTS; REPLACING LICENSURE WITH REGISTRATION OF CANNABIS TRAINING AND EDUCATION PROGRAMS; INCLUDING THE CANNABIS REGULATION ACT IN THE RACKETEERING ACT, THE DELINQUENCY ACT AND THE UNIFORM LICENSING ACT; INCLUDING CANNABIS IN A LIST OF CONTRABAND IN JAILS AND PRISONS; CREATING CRIMES; PRESCRIBING PENALTIES; REPEALING A DELAYED REPEAL; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 14-2-1 NMSA 1978 (being Laws 1947, Chapter 130, Section 1, as amended) is amended to read:

     "14-2-1. RIGHT TO INSPECT PUBLIC RECORDS--EXCEPTIONS.-- Every person has a right to inspect public records of this state except:

          A. records pertaining to physical or mental examinations and medical treatment of persons confined to an institution;

          B. letters of reference concerning employment, licensing or permits;

          C. letters or memoranda that are matters of opinion in personnel files or students' cumulative files;

          D. portions of law enforcement records as provided in Section 14-2-1.2 NMSA 1978;

          E. as provided by the Confidential Materials Act;

          F. trade secrets;

          G. attorney-client privileged information;

          H. long-range or strategic business plans of public hospitals discussed in a properly closed meeting;

          I. tactical response plans or procedures prepared for or by the state or a political subdivision of the state, the publication of which could reveal specific vulnerabilities, risk assessments or tactical emergency security procedures that could be used to facilitate the planning or execution of a terrorist attack;

          J. information concerning information technology systems, the publication of which would reveal specific vulnerabilities that compromise or allow unlawful access to such systems; provided that this subsection shall not be used to restrict requests for:

                (1) records stored or transmitted using information technology systems;

                (2) internal and external audits of information technology systems, except for those portions that would reveal ongoing vulnerabilities that compromise or allow unlawful access to such systems; or

                (3) information to authenticate or validate records received pursuant to a request fulfilled pursuant to the Inspection of Public Records Act;

          K. submissions in response to a competitive grant, land lease or scholarship and related scoring materials and evaluation reports until finalists are publicly named or the award is announced; [and]

          L. information developed or obtained by the cannabis control division of the regulation and licensing department during an enforcement investigation; and

          [L.] M. as otherwise provided by law."

     SECTION 2. Section 26-2C-1 NMSA 1978 (being Laws 2021 (1st S.S.), Chapter 4, Section 1) is amended to read:

     "26-2C-1. SHORT TITLE.--[Sections 1 through 42 of this act] Chapter 26, Article 2C NMSA 1978 may be cited as the "Cannabis Regulation Act"."

     SECTION 3. Section 26-2C-2 NMSA 1978 (being Laws 2021 (1st S.S.), Chapter 4, Section 2) is amended to read:

     "26-2C-2. DEFINITIONS.--As used in the Cannabis Regulation Act:

          [A. "advertisement":

                (1) means a statement or a depiction that is intended to induce the purchase of cannabis products and that is displayed in printed material or on a sign or other outdoor display or presented in a radio, television or other media broadcast or in digital media; and

                (2) does not include:

                     (a) a sign or outdoor display or other statement permanently affixed to a licensed premises that is intended to induce the sale of a cannabis product produced or sold on the premises;

                     (b) a label affixed to a cannabis product or the covering, wrapper or container of a cannabis product; or

                     (c) an editorial or other material printed in a publication when the publication of the editorial or material was not paid for by a licensee and was not intended to promote the sale of cannabis products by a particular brand or company;

          B.] A. "cannabis":

                (1) means all parts of the plant genus Cannabis containing a delta-9-tetrahydrocannabinol concentration of more than three-tenths percent on a dry weight basis, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin; and

                (2) does not include:

                     (a) the mature stalks of the plant; fiber produced from the stalks; oil or cake made from the seeds of the plant; any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake; or the sterilized seed of the plant that is incapable of germination; or

                     (b) the weight of any other ingredient combined with cannabis [products] to prepare topical or oral administrations, food, drink or [another] other product;

          [C.] B. "cannabis consumption area" means an area of a licensed premises where cannabis products may be served and consumed;

          [D.] C. "cannabis courier" means a person that transports commercial or medical cannabis products to [qualified patients, primary caregivers or reciprocal participants or directly to] consumers;

          [E.] D. "cannabis establishment" means:

                (1) a cannabis testing laboratory;

                (2) a cannabis manufacturer;

                (3) a cannabis producer;

                (4) a cannabis retailer;

                (5) a cannabis research laboratory;

                (6) a vertically integrated cannabis establishment;

                (7) a cannabis producer microbusiness; [or]

                (8) an integrated cannabis microbusiness; or

                (9) a cannabis consumption area;

          [F.] E. "cannabis extract":

                (1) means a product obtained by separating resins, tetrahydrocannabinols or other substances from cannabis by extraction methods approved by the division; and

                (2) does not include the weight of any other ingredient combined with cannabis extract to prepare topical or oral administrations, food, drink or another product;

          [G.] F. "cannabis flowers" means only the flowers of a cannabis plant;

          [H.] G. "cannabis manufacturer" means a person that:

                (1) manufactures cannabis products;

                (2) packages cannabis products for resale; or

                [(3) has cannabis products tested by a cannabis testing laboratory; or

                (4)] (3) purchases, acquires, sells or transports wholesale cannabis products to other cannabis establishments;

          [I.] H. "cannabis producer" means a person that:

                (1) cultivates cannabis plants;

                [(2) has unprocessed cannabis products tested by a cannabis testing laboratory;

                (3)] (2) transports unprocessed cannabis [products] only to other cannabis establishments; or

                [(4)] (3) sells cannabis [products] wholesale;

          [J.] I. "cannabis producer microbusiness" means a cannabis producer at a single licensed premises that possesses no more than two hundred total mature cannabis plants at any one time;

          [K.] J. "cannabis product" means a product that is or that contains cannabis or cannabis extract, including edible or topical products that may also contain other ingredients;

          [L.] K. "cannabis research laboratory" means a facility that produces or possesses cannabis products and all parts of the plant genus Cannabis for the purpose of studying cannabis cultivation, characteristics or uses;

          [M.] L. "cannabis retailer" means a person that sells cannabis products to [qualified patients, primary caregivers or reciprocal participants or directly to] consumers;

          [N. "cannabis server permit" means an authorization that allows a person to directly offer, sell or serve cannabis or cannabis products as part of commercial cannabis activity in a cannabis consumption area;

          O. "cannabis server permit education provider" means a person that provides cannabis server education courses and examinations;

          P.] M. "cannabis testing laboratory" means a [person] facility that samples, collects and tests cannabis products and transports cannabis products for the purpose of testing;

          [Q. "cannabis training and education program" means a practical or academic curriculum offered by a New Mexico public post-secondary educational institution designed to prepare students for participation in the cannabis industry;

          R.] N. "commercial cannabis activity":

                (1) means the cultivation, production, possession, manufacture, storage, testing, researching, packaging and labeling, transportation, couriering, purchase for resale, sale or consignment of cannabis products; and

                (2) does not include activities related only to the medical cannabis program [to cannabis training and education programs] or to the personal cultivation or use of cannabis products;

          [S.] O. "consumer" means a person twenty-one years of age or older who legally purchases, acquires, owns, possesses or uses a commercial cannabis product [for a purpose other than] not for resale or a person who holds a medical cannabis program registry identification card issued by the department of health or is a reciprocal participant;

          [T.]