Current through Register Vol. 35, No. 18, September 24, 2024
A.
Access to cannabis consumption area
premises prior to authorization of consumption or retail sale of commercial
cannabis: Prior to the division authorizing the consumption or retail
sale of commercial cannabis, pursuant to Subsection K of Section 26-2C-6 and
Paragraph (5) of Subsection B of Section 26-2C-7 of the Cannabis Regulation
Act, NMSA 1978, access to the licensed premises of a retailer shall be limited
to:
(1) individuals who are at least 21 years
of age and possess a valid form of identification;
(2) individuals who are at least 18 years of
age and possess a valid qualified patient, primary caregiver, or reciprocal
participant registry identification card from the department of health medical
cannabis program.
B.
Access to cannabis consumption area premises upon authorization of
consumption or retail sale of commercial cannabis: Upon the division
authorizing the retail sale of commercial cannabis, pursuant to Subsection K of
Section 26-2C-6 and Paragraph (5) of Subsection B of Section 26-2C-7 of the
Cannabis Regulation Act, NMSA 1978, access to the licensed premises of a
retailer shall be limited to the following:
(1) individuals who are at least 21 years of
age and possess a valid form of identification; and
(2) individuals who are at least 18 years of
age and possess a valid qualified patient, primary caregiver, or reciprocal
participant registry identification card from the department of health medical
cannabis program.
C.
Customer access to the consumption area:
(1) Individuals shall be granted access to
consume or purchase cannabis goods only after the licensed cannabis consumption
area or an employee of the licensed cannabis consumption area has confirmed the
individual's age and identity, and if applicable, the individual's status as a
qualified patient, primary caregiver, or reciprocal participant.
(2) The licensed cannabis consumption area or
at least one employee shall be physically present in the consumption area at
all times when individuals who are not employees of the licensed retailer are
in the retail area.
(3) All sales
of cannabis goods, with the exception of cannabis goods sold through delivery,
must take place within the retail area of the retailer's licensed premises.
(4) A licensed cannabis
consumption area shall s only allow cannabis consumption between the hours
reported to the division as regular business hours.
(5) A licensed cannabis consumption area may
allow qualified patients to bring previously purchased goods from the licensed
cannabis consumption area for consumption provided the cannabis product is
properly stored in the requisite resealable packaging and the qualified patient
provides proof of purchase from the cannabis consumption licensee of the
product to be consumed.
D.
Requirements while not open for
business: At any time the licensed premises is not open for cannabis
consumption, a licensed cannabis consumption area shall ensure that:
(1) the licensed premises is securely locked
with commercial-grade, nonresidential door locks;
(2) the licensed premises is equipped with an
active alarm system pursuant to pursuant to Section 10 of this rule, which
shall be activated when the licensed retailer or its employees are not on the
licensed premises; and
(3) only
employees of the licensee and other authorized individuals are allowed access
to the licensed premises. For the purposes of this section, authorized
individuals include individuals employed by the licensee as well as any outside
vendors, contractors, or other individuals conducting business that requires
access to the licensed premises.
E.
Commercial and medical cannabis
consumers:
(1) A licensed cannabis
consumption area shall only sell and allow for the consumption of commercial
cannabis and cannabis products to individuals who are at least 21 years of age
after confirming the customer's age and identity by inspecting a valid form of
identification provided by the customer as required by Subsection B of this
section.
(2) A licensed cannabis
consumption area shall only sell and allow for the consumption of cannabis and
cannabis products to individuals who are at least 18 years of age and possess a
valid qualified patient, primary caregiver, or reciprocal participant registry
identification card from the department of health medical cannabis program,
after confirming the customer's age, identity, and valid registry
identification.
(3) Acceptable
forms of identification include the following
(a) a document issued by a federal, state,
county, or municipal government, or a political subdivision or agency thereof,
including, but not limited to, a valid motor vehicle operator's license, that
contains the name, date of birth, and photo of the person;
(b) a valid identification card issued to a
member of the armed forces that includes the person's name, date of birth, and
photo; or
(c) a valid passport
issued by the United States or by a foreign government.
F.
Cannabis product
display:
(1) Cannabis and cannabis
products for customer inspection and sale shall only be displayed in the area
where retail activities take place.
(2) Cannabis and cannabis products may be
removed from their packaging and placed in containers to allow for customer
inspection. The containers shall not be readily accessible to customers without
assistance of cannabis consumption area personnel. A container must be provided
to the customer by the licensed cannabis consumption area or its employees, who
shall remain with the customer at all times that the container is being
inspected by the customer.
(3)
Cannabis and cannabis products removed from their packaging for display shall
not be sold, shall not be consumed, and shall be destroyed, pursuant to
pursuant to Section 15 of this rule, when the cannabis or cannabis products are
no longer used for display.
F.
Cannabis server permit
requirements: all employees of the licensed cannabis consumption area
who directly offer, sell or serve cannabis must hold a current and valid
cannabis server permit according to 18.8.10 NMAC.
G.
No visible consumption of cannabis
products: a licensed cannabis consumption area shall ensure that the
display and consumption of any cannabis product is not visible from outside of
its licensed premises. Licensed cannabis consumption areas may be located
outdoors provided that:
(1) all cannabis
product is kept out of plain sight and is not visible from a public place
without the use of optical aids, such as telescopes or binoculars, or aircraft;
and
(2) the licensed cannabis
consumption area shall ensure that the outdoor consumption area is surrounded
by a sight-obscuring wall, fence, hedge, or other opaque or translucent
barrier.
H.
Required signage: a licensed cannabis consumption area must post,
at all times and in a prominent place inside the consumption area, a warning
that is at minimum 12 inches high and 12 inches wide that reads as follows:
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"Cannabis may only be consumed in designated areas
out of public view
No consumption of alcohol products on site
We reserve the right to refuse entry or service for
reasons including visible intoxication
It is against the law to drive while impaired by
cannabis"
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