N.M. Admin. Code § 16.8.1.7

Current through Register Vol. 35, No. 20, October 22, 2024

Section 16.8.1.7 - DEFINITIONS

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 61-23-1et 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-1et 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 76-4-1et 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]

N.M. Admin. Code § 16.8.1.7

Adopted by New Mexico Register, Volume XXXII, Issue 16, August 24, 2021, eff. 8/24/2021, Amended by New Mexico Register, Volume XXXII, Issue 23, December 14, 2021, eff. 12/2/2021, Amended by New Mexico Register, Volume XXXII, Issue 24, December 28, 2021, eff. 12/28/2021, Amended by New Mexico Register, Volume XXXII, Issue 01, January 11, 2022, eff. 1/11/2022