New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS
Part 2 - LICENSING AND OPERATIONAL REQUIREMENTS FOR CANNABIS ESTABLISHMENTS
Section 16.8.2.34 - MINIMUM STANDARDS FOR THE MANUFACTURE OF CANNABIS PRODUCTS
Universal Citation: 16 NM Admin Code 16.8.2.34
Current through Register Vol. 35, No. 18, September 24, 2024
A. General requirements: Licensees shall ensure the following:
(1) manufacturing shall be done in premises
that are in compliance with state and local laws that do not conflict with the
Cannabis Regulation Act or the Lynn and Erin Compassionate Use Act;
(2) the licensee's right to use the quantity
of water sufficient to meet the manufacturing facility's needs remains in good
standing;
(3) weighting or
measuring devices that are used in the wholesale of cannabis be appropriately
documented as having undergone certified registration and calibration that is
in accordance with applicable requirements of the New Mexico department of
agriculture; and
(4) licensee shall
notify the division of any changes to the days or hours of business
operation;
B. Permissible Extractions:
(1)
Except as provided in Paragraph (2), cannabis extraction shall only be
conducted using the following methods:
(a)
Mechanical extraction, such as dry screens, sieves, or presses, potable water
and ice made from potable water, cryogenic or subzero manufacturing not
involving a solvent, or pressure and temperature;
(b) Chemical extraction using a nonvolatile
solvent such as a nonhydrocarbon-based or other solvent such as water,
vegetable glycerin, vegetable oils, animal fats, or food-grade glycerin,
(nonhydrocarbon-based solvents shall be food grade);
(c) Chemical extraction using a division
approved closed loop extraction system; or
(d) A method authorized by the division
pursuant to Paragraph (2) below.
(2) To request authorization from the
division to conduct cannabis extraction using a method other than those
specified in Subparagraphs (a) - (c) above, the applicant or licensee shall
submit a detailed description of the extraction method, including any
documentation that validates the method and any safety procedures to be
utilized to mitigate any risk to public or worker health and safety.
(3) Extraction equipment shall be used and
operated in accordance with its intended manufacturer use and design.
(4) Current safety data sheets shall be kept
on the premises for all chemicals used in the extraction process.
C. Volatile Solvent Extractions: Chemical extractions using volatile solvents shall be subject to the following minimum requirements:
(1) hydrocarbon-based solvents shall be at
least 99.5 percent purity with a certificate of analysis from the manufacturer
to confirm purity;
(2) ethyl
alcohol must be food grade, and non-denatured in composition;
(3) solvents shall be free of odorants,
bitterants, or other additives and stored, handled, and disposed of in
accordance with local, state, and federal regulations,
(4) all extractions shall be performed in a
closed loop extraction system, unless approved by the division, as described in
Subsection B of 16.8.2.34 NMAC; and
(5) licensees shall not use ignition sources
including but not limited to a heat gun or any open flame source next to
extraction equipment that utilizes volatile solvents, including in rooms
designated solely for extraction or in areas that contain or uses flammable
liquids and gasses.
D. Closed-Loop Extraction System Requirements:
(1) Closed loop systems, other equipment
used, the extraction operation, and facilities must be approved for use by the
local fire code official and meet any required fire, safety, and building code
requirements specified in:
(a) National Fire
Protection Association (NFPA) standards;
(b) International Building Code
(IBC);
(c) International Fire Code
(IFC); or
(d) Other applicable
standards including all applicable fire, safety, and building codes related to
the processing, handling and storage of the applicable solvent or
gas.
(2) All pressure
vessels must comply with the Construction Industries Licensing Act, Section
60-13-1
et seq., NMSA 1978, including associated rules, applicable
codes, and standards.
(3) A list of
the name(s) of all trained employees must be prominently displayed inside or
immediately outside of the extraction area.
(4) A licensee that is currently approved to
use CO2 or a volatile solvent for extraction has 6 months from the effective
date of this rule to comply with the applicable requirements. Nothing in this
subsection is intended to relieve a licensee of its obligation to comply with
any applicable federal, state, or local laws and
regulations.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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