New Mexico

New Mexico Schedules Hearings for Hemp Manufacturing Rule

The New Mexico Department of Agriculture scheduled hearings on June 28 and 29 to obtain public comment on a proposed rule that implements the Hemp Manufacturing Act.

Under the bill, the Department of Agriculture would establish a hemp harvest certification program requiring the state verify that each licensed grower’s harvest is below the maximum .3% THC threshold. The harvest certification program prevents non-licensed growers or manufacturers from selling or transporting hemp to or in New Mexico. Growing hemp or manufacturing hemp products without a license would be a Schedule 1 offense, and transporting hemp without a harvest certificate is a petty misdemeanor that is subject to a $500 fine. New Mexico law enforcement may also seize the hemp for up to five days if the transporter does not have a harvest certificate. These ramifications are serious as a Schedule 1 violation would limit a business from obtaining a hemp growing license under the 2018 Farm bill or obtaining cannabis or hemp licenses at the state level.

The DOA’s proposed manufacturing rule sets out licensing requirements for facilities that test raw hemp, and persons that create new or improved hemp breeds. The application fees and annual fees for both types of entities is $500. The rule will become effective on September 1, 2019.

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Regulating CBD Like Cannabis: Utah and New Mexico Pass Legislation Upping CBD Requirements

The Utah and New Mexico Legislatures passed commercial hemp legislation this week that include provisions that regulate CBD products like cannabis. If signed by the states’ governors, the legislation will become law. The recent legislation might foreshadow a national trend as states’ amend hemp legislation to conform with the 2018 Farm Bill. Requiring CBD products that are intended for human consumption to meet standards that are similar to cannabis products will help the industry achieve a certain level of credibility that it desperately needs. We believe that CBD manufacturers and product companies should consider using cannabis best practices when manufacturing and testing products as well as developing labels. These practices can help a company differentiate a CBD product from others, and obtain a competitive advantage as states move to more robust standards.

Utah’s Hemp and Cannabinoid Act Amendments. directs the state’s Department of Agriculture to adopt rules to create a licensing program for the commercial hemp industry including growers, cultivators, processors and those marketing hemp or hemp products. The bill also requires the Department to adopt regulations governing the registration of cannabinoid products that are intended for human consumption with the Department, and to set standards for the testing and accurate labeling of CBD products. The bill defines cannabinoid products as a hemp product that is processed into a medicinal dosage that contains less than 0.3% THC.

The New Mexico Hemp Manufacturing Act specifically requires the licensing of manufacturers that are performing hemp extraction, processing or engaging in other manufacturing activities. Engaging in these activities without obtaining the appropriate license could result in a Schedule 1 criminal charge. New Mexico’s legislation provides a robust regulatory framework to ensure the safety, sanitation and security of the finished product.

CBD businesses that are transporting CBD products to these states or over the internet should seek guidance on how the new registration regimes impact these activities. Not following the rules could lead to the seizure or destruction of CBD products as well as possible criminal charges.

Free Cannabis Legislative Tracker For 20 States: Access THC, Hemp And CBD Bills

Access our free legislative trackers for Arizona, California, Colorado, Connecticut, Florida, Illinois, Kentucky, Massachusetts, Maine, Michigan, Missouri, North Dakota, New Hampshire, New Jersey, New Mexico, New York, Oregon, Tennessee, Utah and Washington. Review and access the cannabis & hemp bills introduced by the State Legislatures in the 2019-2020 session. The trackers include a summary description of the legislation, status and link to the full legislative text. The legislative trackers will be updated on a weekly basis.

New Mexico Passes Legislation that Limits CBD Sales to In-State Licensed Hemp Growers and Manufacturers

The New Mexico Legislature voted to create a commercial hemp industry by passing the Hemp Manufacturing Act. The bill will be presented by Governor Grisham, and it will become law upon her signature. The bill directs New Mexico’s Department of Agriculture to establish a licensing and oversight program for a commercial hemp industry. The legislation would result in Schedule 1 criminal charges for the growing of hemp or manufacturing of CBD products without a license.

Under the bill, the Department of Agriculture would establish a hemp harvest certification program requiring the state verify that each licensed grower’s harvest is below the maximum .3% THC threshold. The harvest certification program prevents non-licensed growers or manufacturers from selling or transporting hemp to or in New Mexico. Growing hemp or manufacturing hemp products without a license would be a Schedule 1 offense, and transporting hemp without a harvest certificate is a petty misdemeanor that is subject to a $500 fine. New Mexico law enforcement may also seize the hemp for up to five days if the transporter does not have a harvest certificate. These ramifications are serious as a Schedule 1 violation would limit a business from obtaining a hemp growing license under the 2018 Farm bill or obtaining cannabis or hemp licenses at the state level.

The Department is also directed to adopt rules that govern the manufacturing of hemp products. Persons who are interested in extracting, processing or engaging in other manufacturing activities for hemp products must obtain a permit or face Schedule 1 criminal charges. The Department will oversee the industry’s manufacturing practices to ensure the safety, sanitation and security of the finished product. New Mexico’s focus on manufacturing has brought CBD products into the regulated realm, and thereby limiting the products sold in the state to licensed manufacturers.

Free Cannabis Legislative Tracker For 20 States: Access THC, Hemp And CBD Bills

Access our free legislative trackers for Arizona, California, Colorado, Connecticut, Florida, Illinois, Kentucky, Massachusetts, Maine, Michigan, Missouri, North Dakota, New Hampshire, New Jersey, New Mexico, New York, Oregon, Tennessee, Utah and Washington. Review and access the cannabis & hemp bills introduced by the State Legislatures in the 2019-2020 session. The trackers include a summary description of the legislation, status and link to the full legislative text. The legislative trackers will be updated on a weekly basis.

Free Cannabis Legislative Tracker For 20 States: Access 440 THC, Hemp And CBD Bills

Access our free legislative trackers for Arizona, California, Colorado, Connecticut, Florida, Illinois, Kentucky, Massachusetts, Maine, Michigan, Missouri, North Dakota, New Hampshire, New Jersey, New Mexico, New York, Oregon, Tennessee, Utah and Washington. Review and access the cannabis & hemp bills introduced by the State Legislatures in the 2019-2020 session. The trackers include a summary description of the legislation, status and link to the full legislative text. The legislative trackers will be updated on a weekly basis.

Free Cannabis Legislative Tracker For 20 States: Access 425 THC, Hemp And CBD Bills

Access our free legislative trackers for Arizona, California, Colorado, Connecticut, Florida, Kentucky, Massachusetts, Maine, Missouri, North Dakota, New Hampshire, New Jersey, New Mexico, New York, Oregon, Tennessee, Utah and Washington. Review and access the cannabis & hemp bills introduced by the State Legislatures in the 2019-2020 session. The trackers include a summary description of the legislation, status and link to the full legislative text. The legislative trackers will be updated on a weekly basis.

Free Cannabis Legislative Tracker for 14 States: Access THC, Hemp and CBD Bills and Analysis

Access our free legislative trackers for California, Colorado, Connecticut, Florida, Kentucky, Massachusetts, Maine, Missouri, New York, New Mexico, North Dakota, Oregon, Tennessee and Washington. Review and access the cannabis & hemp bills introduced by the State Legislatures in the 2019-2020 session. The trackers include a summary description of the legislation, status and link to the full legislative text. The legislative trackers will be updated on a weekly basis.


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Cannabis Regulatory Meeting Tracker 01/29/2019: Eleven (11) Meetings Today in Alaska, Colorado, Massachusetts, Michigan, New Mexico and Washington