New Mexico Administrative Code
Title 7 - HEALTH
Chapter 34 - MEDICAL USE OF CANNABIS
Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION
Section 7.34.4.7 - DEFINITIONS
Universal Citation: 7 NM Admin Code 7.34.4.7
Current through Register Vol. 35, No. 6, March 26, 2024
A. Definitions beginning with "A":
(1)
"Act" means the Lynn and Erin Compassionate Use Act, Sections
26-2B-1
through
26-2B-7
NMSA 1978.
(2)
"Adequate
supply" means an amount of cannabis, in any form approved by the
department, possessed by a qualified patient or collectively possessed by a
qualified patient and the qualified patient's primary caregiver that is
determined by rule of the department to be no more than reasonably necessary to
ensure the uninterrupted availability of cannabis for a period of three months
and that is derived solely from an intrastate source.
(3)
"Administrative review
committee" means an intra-department committee that reviews qualified
patient or primary caregiver application denials, licensed producer denials
made by the program director, or the summary suspension of a producer's
license, in accordance with department rules. The administrative review
committee shall consist of the chief medical officer of the department (or
that's person's designee); a deputy secretary of the department (or that
person's designee), and the chief nursing officer of the department (or that
person's designee).
(4)
"Administrative withdrawal" means the procedure for the voluntary
withdrawal of a qualified patient or primary caregiver from the medical
cannabis program.
(5)
"Advisory board" means the medical cannabis advisory board
consisting of nine practitioners knowledgeable about the medical use of
cannabis, who are appointed by the secretary.
(6)
"Applicant" means any person
applying for enrollment or re-enrollment in the medical cannabis program as a
qualified patient, primary caregiver, or licensed producer.
(7)
"Approved entity" means a
manufacturer, laboratory, or courier.
B. Definitions beginning with "B": "Batch" means, with regard to usable cannabis, an identified quantity of cannabis no greater than five 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-derived 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" means all parts of the plant Cannabis sativa L. containing 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
does not include 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; the sterilized seed of the plant that is incapable of
germination; the weight of any other ingredient combined with cannabis to
prepare topical or oral administrations, food, drink or another product; or
hemp.
(2)
"Cannabis
consumption area" means an area within a licensed nonprofit producer's
premises that is approved by the department, where cannabis may be consumed by
qualified patients, in accordance with department rules.
(3)
"Cannabis-derived product"
means a product, other than cannabis itself, which contains or is derived from
cannabis, not including hemp.
(4)
"Cannabis establishment" means:
(a) a licensed cannabis courier;
(b) a licensed cannabis testing
facility;
(c) a licensed cannabis
manufacturer;
(d) a licensed
non-profit producer; or
(e) such
other person that the department may by rule approve for participation in the
medical cannabis program.
(5)
"CBD means cannabidiol, a
cannabinoid and the primary non-psychoactive ingredient found in
cannabis.
(6)
"CBDA"
means cannabidiolic acid, a non-psychoactive ingredient found in cannabis and
an acid precursor to CBD.
(7)
"Concentrated cannabis-derived product ("concentrate")" means a
cannabis-derived product that is manufactured by a 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.
(8)
"Courier" means a cannabis
courier as defined by the Lynn and Erin Compassionate Use Act, Subsection D of
Section
26-2B-3
NMSA 1978, that has been approved by the department specifically to transport
usable cannabis and cannabis products within the state of New Mexico, from a
cannabis establishment to a qualified patient, a primary caregiver, or another
cannabis establishment.
D. Definitions beginning with "D":
(1)
"Debilitating medical
condition" means:
(a) cancer;
(b) glaucoma;
(c) multiple sclerosis;
(d) damage to the nervous tissue of the
spinal cord, with objective neurological indication of intractable
spasticity;
(e) epilepsy;
(f) positive status for human
immunodeficiency virus or acquired immune deficiency syndrome;
(g) admission into hospice care in accordance
with rules promulgated by the department;
(h) amyotrophic lateral sclerosis;
(i) Crohn's disease;
(j) hepatitis C infection;
(k) Huntington's disease;
(l) inclusion body myositis;
(m) inflammatory autoimmune-mediated
arthritis;
(n) intractable nausea
or vomiting;
(o) obstructive sleep
apnea;
(p) painful peripheral
neuropathy;
(q) Parkinson's
disease;
(r) posttraumatic stress
disorder;
(s) severe chronic
pain;
(t) severe anorexia or
cachexia;
(u) spasmodic
torticollis;
(v) ulcerative
colitis; or
(w) any other medical
condition, medical treatment, or disease as approved by the department which
results in pain, suffering, or debility for which there is credible evidence
that medical use cannabis could be of benefit.
(2)
"Department" means the
department of health or its agent.
(3)
"Diversion" means the
unlawful transfer of a cannabis plant, plant material, or cannabis-derived
product.
(4)
"Dried usable
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": [RESERVED]
F. Definitions beginning with "F": "Facility" means any building, space, or grounds licensed for the production, possession, testing, manufacturing, or distribution of cannabis, concentrates, or cannabis-derived products.
G. Definitions beginning with "G": [RESERVED]
H. Definitions beginning with "H": "Hemp" means the plant cannabis sativa L. and any part of the plant, whether growing or not, containing a delta-9-tetrahydrocannabinol concentration of no more than three-tenths percent on a dry weight basis.
I. Definitions beginning with "I":
(1)
"Intrastate" means existing
or occurring within the state boundaries of New Mexico.
(2)
"Inversion" means the
unlawful acquisition of a cannabis plant, plant material, or cannabis-derived
product.
J. Definitions beginning with "J": [RESERVED]
K. Definitions beginning with "K": [RESERVED]
L. Definitions beginning with "L":
(1)
"Laboratory" means a licensed cannabis testing facility as
defined in the Lynn and Erin Compassionate Use Act, Subsection I of Section
26-2B-3
NMSA 1978, that has been approved by the department specifically for the
testing of cannabis, concentrates, and cannabis derived products.
(2)
"Laboratory applicant" means
a laboratory that seeks to become an approved laboratory, or that seeks renewal
of approval as an approved laboratory, in accordance with this rule.
(3)
"Licensed producer" means a
person or entity licensed to produce medical cannabis.
(4)
"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-derived
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.
M. Definitions beginning with "M":
(1)
"Male plant" means a
male cannabis plant.
(2)
"Manufacture" means to prepare a cannabis product.
(3)
"Manufacturer" means a
cannabis manufacturer as defined in the Lynn and Erin Compassionate Use Act,
Subsection F of Section
26-2B-3
NMSA 1978, that has been approved by the department specifically to manufacture
cannabis products; package, transport or courier cannabis products; have
cannabis products tested by a cannabis testing facility; purchase, obtain, sell
and transport cannabis products to other cannabis establishments; and prepare
products for personal production license holders.
(4)
"Mature female plant" means
a harvestable female cannabis plant that is flowering.
(5)
"Medical cannabis program"
means the administrative body of the department charged with the management of
the medical cannabis program and enforcement of program regulations, to include
issuance of registry identification cards, licensing of producers, and
regulation of manufacturing and distribution.
(6)
"Medical cannabis program
director" means the administrator of the medical cannabis program who
holds that title.
(7)
"Medical director" means a medical practitioner designated by the
department to determine whether the medical condition of an applicant qualifies
as a debilitating medical condition eligible for enrollment in the program, and
to perform other duties.
(8)
"Medical provider certification for patient eligibility form"
means a written certification form provided by the medical cannabis program
signed by a patient's practitioner that, in the practitioner's professional
opinion, the patient has a debilitating medical condition as defined by the act
or this part and would be anticipated to benefit from the use of
cannabis.
(9)
"Minor"
means an individual who is less than 18 years of age.
N. Definitions beginning with "N": "Non-profit producer" means a New Mexico corporation that has been designated as a non-profit corporation by the New Mexico secretary of state, that has been licensed by the department to possess, produce, dispense, distribute and manufacture cannabis and cannabis products and sell wholesale or by direct sale to qualified patients and primary caregivers.
O. Definitions beginning with "O": [RESERVED]
P. Definitions beginning with "P":
(1)
"Paraphernalia" means any
equipment, product, or material of any kind that is primarily intended or
designed for use in compounding, converting, processing, preparing, inhaling,
or otherwise introducing cannabis or its derivatives into the human
body.
(2)
"Patient
enrollment/re-enrollment form" means the registry identification card
application form for patient applicants provided by the medical cannabis
program.
(3)
"Permanent
structure" means a building or structure that is placed on the land for
the foreseeable future that is anchored to a permanent foundation, that is
roofed and walled, and which requires a building permit from a local and or
state governing authority.
(4)
"Personal production license" means a license issued to a
qualified patient or to a qualified patient's primary caregiver participating
in the medical cannabis program to permit the qualified patient or the
qualified patient's primary caregiver to produce cannabis for the qualified
patient's use at an address approved by the department.
(5)
"Pesticide" means a
pesticide as defined by the New Mexico Pesticide Control Act, Section
76-4-3,
NMSA 1978.
(6)
"Petitioner" means any New Mexico resident or association of New
Mexico residents petitioning the advisory board for the inclusion of a new
medical condition, medical treatment, or disease to be added to the list of
debilitating medical conditions that qualify for the use of cannabis.
(7)
"Plant" means any cannabis
plant, cutting, or clone that has roots or that is cultivated with the
intention of growing roots.
(8)
"Policy" means a written statement of principles that guides and
determines present and future decisions and actions of the licensed
producer.
(9)
"Practitioner" means a person licensed in New Mexico to prescribe
and administer drugs that are subject to the Controlled Substances Act,
Sections
30-31-1
et seq., NMSA 1978.
(10)
"Primary caregiver" means a
resident of New Mexico who is at least 18 years of age and who has been
designated by the qualified patient or their representative and the patient's
practitioner as being necessary to take responsibility for managing the
well-being of a qualified patient with respect to the medical use of cannabis
pursuant to the provisions of the Lynn and Erin Compassionate Use Act, Section
26-2B-1
et seq., NMSA 1978.
(11)
"Primary caregiver application
form" means the registry identification card application form provided
by the medical cannabis program.
(12)
"Private entity" means a
private, non-profit organization that applies to become or is licensed as a
producer and distributor of cannabis, concentrates, or cannabis-derived
products.
(13)
"Produce" means to engage in any activity related to the planting
or cultivation of cannabis.
(14)
"Proficiency testing" means testing conducted by the department or
its agent to determine the ability of a laboratory applicant or approved
laboratory to accurately identify presence, quantity, or other factors
pertaining to a given analyte.
Q. Definitions beginning with "Q": "Qualified patient" means a resident of New Mexico who has been diagnosed by a practitioner as having a debilitating medical condition and has received a registry identification card issued pursuant to the requirements of the act or department rules.
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)
"Reciprocal limit" means the quantity of cannabis and cannabis products
that a reciprocal participant can use and possess in a given year pursuant to
department rule.
(3)
"Reciprocal participant" means an individual who holds proof of
authorization to participate in the medical cannabis program of another state
of the United States, the District of Columbia, a territory or commonwealth of
the United States or a New Mexico Indian nation, tribe or pueblo.
(4)
"Registry identification
card" means a document issued and owned by the department which
identifies a qualified patient authorized to engage in the use of cannabis for
a debilitating medical condition or a document issued by the department which
identifies a primary caregiver authorized to engage in the intrastate
possession and administration of cannabis for the sole use of the qualified
patient.
(5)
"Representative" means an individual designated as the applicant's
or petitioner's agent, guardian, surrogate, or other legally appointed or
authorized health care decision maker.
S. Definitions beginning with "S":
(1)
"Secretary" means the
secretary of the New Mexico department of health.
(2)
"Secure grounds" means a
facility that provides a safe environment to avoid loss or theft.
(3)
"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.
(4)
"Security
policy" means the instruction manual or pamphlet adopted or developed by
the licensed producer containing security policies, safety and security
procedures, and personal safety and crime prevention techniques.
(5)
"Seedling" means a cannabis
plant that has no flowers and that is less than 12 inches in height, as
measured vertically in the plant's natural position from the uppermost part of
the root system (or from the soil line, if the plant is planted in soil) to the
tallest point of the plant.
(6)
"Segregate" means to separate and withhold from use or sale
batches, lots, cannabis, usable cannabis, or cannabis-derived products in order
to first determine its suitability for use through testing by an approved
laboratory.
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)
"Technical evidence" means
scientific, clinical, medical, or other specialized testimony, or evidence, but
does not include legal argument, general comments, or statements of policy or
position concerning matters at issue in the hearing.
(4)
"Telemedicine" means the use
of telecommunications and information technology to provide clinical health
care from a site apart from the site where the patient is located, in real time
or asynchronously including the use of interactive simultaneous audio and video
or store-and-forward technology, or off-site patient monitoring and
telecommunications in order to deliver health care services.
(5)
"Testing" means testing of
cannabis and cannabis derived products, consistent with provisions of this
rule.
U. Definitions beginning with "U":
(1)
"Unit" means a quantity of usable cannabis, concentrate, or
cannabis-derived product that is used in identifying the maximum supply that a
qualified patient may possess for purposes of department rules.
(2)
"Usable cannabis" means the
dried leaves and flowers of the female cannabis plant and cannabis-derived
products, including concentrates, but does not include the seeds, stalks, or
roots of the plant.
V. Definitions beginning with "V": [RESERVED]
W. Definitions beginning with "W": "Wastage" means the destruction of usable cannabis or cannabis plants.
X. Definitions beginning with "X": [RESERVED]
Y. Definitions beginning with "Y": [RESERVED]
Z. Definitions beginning with "Z": [RESERVED]
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