Current through Register Vol. 35, No. 18, September 24, 2024
Unless otherwise defined below, rms used in Title 16, Chapter
8, have the same meanings as set forth in the Cannabis Regulation Act and the
Lynn and Erin Compassionate Use Act.
A.
Definitions beginning with
"A":
(1)
"Advisory
committee" means the cannabis regulatory advisory committee.
(2)
"Applicant" means any person
who is seeking to become licensed pursuant to the Cannabis Regulation Act, the
Lynn and Erin Compassionate Use Act, or division rules.
B.
Definitions beginning with
"B":
"Batch" means, with regard to cannabis, an identified
quantity of cannabis no greater than 15 pounds that is of the same strain of
cannabis, that is harvested during the same specified time period from the same
specified cultivation area, and with respect to which the same agricultural
practices were utilized, including the use of any pesticides; and with regard
to concentrated and cannabis product, means an identified quantity that is
uniform, that is intended to meet specifications for identity, strength, and
composition, and that is manufactured, packaged, and labeled during a specified
time period according to a single manufacturing, packaging, and labeling
protocol.
C.
Definitions
beginning with "C":
(1)
"Cannabis
Regulation Act" means the Cannabis Regulation Act, as enacted in Chapter
4, Sections 1 through 42 of New Mexico Laws of 2021, and as may be amended
thereafter.
(2)
"Cannabis
Waste" means all parts of the plant genus Cannabis which may or may not
contain 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 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 which has been designated as no longer usable cannabis.
(3)
"Carbon dioxide solvent"
means carbon dioxide in a liquid or supercritical state.
(4)
"CBD" means cannabidiol, a
cannabinoid andanon-psychoactive ingredient found in cannabis.
(5)
"CBDA"
meanscannabidiolicacid, a non-psychoactive ingredient found in cannabis and an
acid precursor to CBD.
(6)
"Closed loop extraction system" means a commercially manufactured
extraction system that is sealed during operation and designed to recover all
solvents used during the extraction process through a feedback loop.
(7)
"Concentrated cannabis product
("concentrate")" means a cannabis product that is manufactured by a
division approved mechanical or chemical process that separates any cannabinoid
from the cannabis plant, and that contains or that is intended to contain at
the time of sale or distribution, no less than thirty-percent THC by
weight.
D.
Definitions beginning with "D":
(1)
"Delivery agreement" means a
contract between a licensed cannabis establishment and a licensed cannabis
courier to deliver cannabis or cannabis products from the cannabis
establishment directly to consumers as permitted under the provisions of the
Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, and division
rule.
(2)
"Division"
means the cannabis control division.
(3)
"Diversion" means the
unlawful transfer of a cannabis plant, plant material, or cannabis
product.
(4)
"Dried
cannabis" means the dried leaves, flowers, and trim of the female
cannabis plant, but does not include the seeds, stalks, or roots of the
cannabis plant.
E.
Definitions beginning with "E": "Extraction area" means the area
of a licensed manufacturer's processing facility that is designed for
solvent-based extraction, which the division has inspected and approved for the
area's designated use.
F.
Definitions beginning with "F": [RESERVED]
G.
Definitions beginning with "G":
[RESERVED]
H.
Definitions beginning with "H":
(1)
"Homogeneity" means the
reasonably equal dispersion of cannabinoids throughout a batch of cannabis
product and within the cannabis product as packaged or as intended for sale.
(2)
"Hydrocarbon
solvent" means N-butane, isobutene, propane, pentane, heptane, or any
isomer or combination thereof.
I.
Definitions beginning with
"I":
"Independent professional engineer" means an engineer
licensed pursuant to the Engineering and Surveying Practice Act, Section
61-23-1
et seq., NMSA 1978, that is not an employee, owner, officer,
controlling person, board member, or manager of the cannabis establishment
licensee.
J.
Definitions
beginning with "J": [RESERVED]
K.
Definitions beginning with "K":
[RESERVED]
L.
Definitions beginning with "L":
(1)
"Licensee" means any person
who holds a license issued by the division pursuant to the Cannabis Regulation
Act, the Lynn and Erin Compassionate Use Act, or division rules.
(2)
"Limited-access area" means
an indoor or outdoor area on the premises of a licensed cannabis establishment
where cannabis or cannabis products are cultivated, stored or held, weighed,
packaged, manufactured, disposed or wasted, all point-of-sale (POS) areas, and
any room or area storing a digital video surveillance system storage
device.
(3)
"Limit of
detection" means an estimate of the minimum amount of an analyte in a
given matrix that an analytical process can reliably detect.
(4)
"Limit of quantitation"
means the minimum level, concentration, or quantity of a target analyte in a
given matrix that an analytical process can reliably quantitate.
(5)
"Liquor Control Act" mean
the Liquor Control Act, Chapter 60, Articles 3A, 5A, 6A, 6B, 6C, 6E, 7A, 7B and
8A, NMSA 1978.
(6)
"Lot" means an identified portion of a batch, that is uniform and
that is intended to meet specifications for identity, strength, and
composition; or, in the case of a cannabis product or concentrate, an
identified quantity produced in a specified period of time in a manner that is
uniform and that is intended to meet specifications for identity, strength, and
composition.
(7)
"Lynn and
Erin Compassionate Use Act" means the Lynn and Erin Compassionate Use
Act, Section
26-2B-1
et seq., NMSA 1978.
M.
Definitions beginning with
"M":
"Minor" means an individual who is less than 18 years
of age.
N.
Definitions
beginning with "N": [RESERVED]
O.
Definitions beginning with "O":
[RESERVED]
P.
Definitions beginning with "P":
(1)
"Pesticide" means a
pesticide as defined by the New Mexico Pesticide Control Act, Section
76-4-1
et seq., NMSA 1978.
(2)
"Plant" means any cannabis
plant, cutting, or clone that has roots or that is cultivated with the
intention of growing roots.
(3)
"Plant material" means leaves, stalks, stems, roots, and any other
part of the cannabis plant.
(4)
"Pressure vessel" means a component of a closed loop system
containing cannabis plant material and solvents used during solvent-based
extraction and designed to withstand pressure greater that 15 psi.
(5)
"Policy" means a written
statement of principles that guides and determines present and future decisions
and actions of the licensed person.
(6)
"POS" means point of sale
system.
(7)
"Person"
means an individual, corporation, business trust, estate, trust, partnership,
limited liability company, association, joint venture, or any other legal or
commercial entity.
(8)
"Produce" means to engage in any activity related to the planting
or cultivation of cannabis.
(9)
"Proficiency testing" means a standardized test administered by an
ISO 17043 accredited laboratory to evaluate the ability of a laboratory to
measure, within acceptable limits, the presence, quantity, or other factors
pertaining to a given analyte.
Q.
Definitions beginning with "Q":
[RESERVED]
R.
Definitions beginning with "R":
(1)
"Recall" means to request
the return of a product after the discovery of a safety issue or product
defect.
(2)
"RLD"
means the regulation and licensing department.
S.
Definitions beginning with
"S":
(1)
"Safe moisture
level" means a level of moisture low enough to prevent the growth of
undesirable microorganisms in the finished produce.
(2)
"Security alarm system"
means any device or series of devices capable of alerting law enforcement,
including, but not limited to, a signal system interconnected with a radio
frequency method such as cellular, private radio signals, or other mechanical
or electronic device used to detect or report an emergency or unauthorized
intrusion.
(3)
"Segregate" means to separate and withhold from use or sale
batches, lots, cannabis, usable cannabis, or cannabis products in order to
first determine its suitability for use through testing by an approved
laboratory.
(4)
"Solvent" means a hydrocarbon solvent, carbon dioxide solvent, or
organic solvent, which is used to dissolve or disperse chemical compounds from
cannabis plant material in a closed loop system.
(5)
"Solvent-based extraction"
means the process of dissolving or dispersing specific chemical compounds from
the cannabis plant material using a solvent in a closed loop system.
T.
Definitions beginning
with "T":
(1)
"THC" means
tetrahydrocannabinol, a cannabinoid that is the primary psychoactive ingredient
in cannabis.
(2)
"THCA" means tetrahydrocannabinolic acid, a non-psychoactive
ingredient in cannabis and an acid precursor to THC.
(3)
"Testing" means testing of
cannabis and cannabis products consistent with division rules.
(4)
"Track and trace system"
means the electronic system designated by the division to track and trace the
production, transportation, sale, and wastage of cannabis and cannabis
products.
U.
Definitions beginning with "U": [RESERVED]
V.
Definitions beginning with
"V":
(1)
"Vault" means a
limited access storage room that is within a licensed cannabis establishment
and is outfitted with adequate security features for the purposes of storing
cannabis, cannabis products, or cash.
(2)
"Volatile solvent" means a
hydrocarbon solvent, alcohol, or acetone.
W.
Definitions beginning with
"W":
(1)
"Waste" or
"wastage" means the process of rendering cannabis or cannabis products
unusable and unrecognizable, including the destruction of cannabis or cannabis
products.
(2)
"Water
activity" means the measure of the free moisture in a manufactured
cannabis product and is the quotient of the water vapor pressure of the
substance divided by the vapor pressure of pure water at the same temperature.
X.
Definitions
beginning with "X":
Y.
Definitions beginning with "Y": [RESERVED]
Z.
Definitions beginning with "Z":
[RESERVED]
