New Mexico Administrative Code
Title 7 - HEALTH
Chapter 34 - MEDICAL USE OF CANNABIS
Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION
Section 7.34.4.11 - WASTAGE OF CANNABIS; PERMITTED METHODS

Universal Citation: 7 NM Admin Code 7.34.4.11

Current through Register Vol. 35, No. 6, March 26, 2024

A non-profit producer or approved entity that wastes usable cannabis or cannabis plants shall do so by rendering the cannabis unusable and unrecognizable, in accordance with the requirements of this rule, prior to removal from licensed premises. The wastage of usable cannabis and cannabis plants shall be documented by the non-profit producer or approved entity, shall be tracked by batch, and shall be recorded in an electronic tracking system specified by the department. Wastage of usable cannabis or cannabis plants shall occur only within the licensee's ordinary business hours. A non-profit producer or approved entity shall dispose of wasted cannabis and shall not attempt to incorporate wasted cannabis products into any product intended for consumption.

A. Permitted methods of wastage: Wastage of cannabis and cannabis derived products shall be accomplished by the following permitted methods:

(1) Dried usable cannabis: wastage of dried usable cannabis or cannabis plants shall be accomplished by grinding and incorporating the cannabis into other ground material, such as soil, compost material, or leaf and yard waste, so that the resulting mixture is at least fifty percent non-cannabis material by volume;

(2) Non-liquid cannabis derived product: wastage of non-liquid cannabis derived products shall be accomplished in the same manner as the wastage of dried usable cannabis; and

(3) Liquid cannabis derived product: Wastage of cannabis derived liquids shall be accomplished by mixing the liquid with absorbent material such as cat litter, sand, plastic waste, or sawdust, such that the liquid is fully absorbed into the material.

B. Disposal of wasted cannabis: Disposal of wasted cannabis and cannabis products shall be conducted in accordance with all applicable waste disposal laws, including but not limited to hazardous waste disposal laws (as applicable).

C. Holding time: Usable cannabis and cannabis plants that a licensee intends to waste shall be held in a secured designated holding area for a minimum of 72 hours prior to being wasted. A licensee shall affix to each batch that is held for wasting documents that record information concerning the batch, including batch number or code, plant number, and weight. The batch to be wasted shall not be handled, moved, or wasted during the 72 hour period, unless by specific instruction of the department. Cannabis that is intended to be wasted may be subject to inspection by the department or its designee.

D. Documentation of wastage; retention: A licensee shall record the wastage of usable cannabis and cannabis plants, including batch number, weight, plant number, the name of the receiving solid waste facility, dates of wastage and disposal, and any test results associated with a wasted batch, using an electronic system specified by the department, and shall deduct any wasted usable cannabis or cannabis plants from the licensee's inventory. The electronic record shall be retained for no less than two years following the disposal. A licensee shall additionally document the wastage of any usable cannabis or cannabis plants using a video recording, and shall retain the video recording of the destruction for no less than 120 days. A licensee shall make the video recording of the destruction available for the department's inspection and copying upon the department's request.

E. Notice to department: A non-profit producer or manufacturer shall notify the department of the wastage of usable cannabis within five business days of the wastage.

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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