N.M. Admin. Code § 7.34.4.16

Current through Register Vol. 35, No. 21, November 5, 2024

Section 7.34.4.16 - LABELING OF USABLE CANNABIS; DRUG INFORMATION SHEETS

A non-profit producer shall not sell or otherwise distribute to the public a usable cannabis product that has not been packaged and labeled in accordance with this rule.

A.Packaging and labels not designed to appeal to children: A package containing usable cannabis shall not display any content that reasonably appears to target minors, including but not limited to, cartoon characters or similar images. A product name or package shall not be modeled after a brand of product that is traditionally marketed toward children.

B.Labeling requirements: A label shall be securely affixed to all usable cannabis product packages, prior to sale or distribution, that is in the format provided at Table 8, Sample Label for Usable Cannabis Products, that is conspicuous and unobstructed, and that uses a font that is clearly legible, not italicized, and is printed in no smaller than 1/16th of an inch. The cannabinoid content specified on a cannabis derived product label shall be ninety percent or greater in accuracy. The label shall identify the following:

(1) the names of the entities that produced and manufactured the product, respectively;

(2) the name of the strain of cannabis contained in the product;

(3) a manufacture date and an expiration date;

(4) for dried, usable cannabis: the total of THC and CBD per package, which shall be expressed by percentage of weight;

(5) for concentrated cannabis derived product: the total of THC and CBD per package, which shall each be expressed by weight in milligrams and by percentage of total weight;

(6) for non-concentrated cannabis derived product: the totals of THC and CBD per package, which shall each be expressed by weight in milligrams;

(7) total product weight, expressed in milligrams, and if the product is in liquid form, total volume, expressed in milliliters;

(8) the name of the strain;

(9) the name of the department approved laboratories that analyzed the product or cannabis contained in the product in accordance with department rule;

(10) for all products containing THC: the universal New Mexico THC warning symbol, the image file for which can be obtained from the department upon request, which shall be reproduced at a minimum size of 1/2 inch by 1/2 inch;

(11) warnings for use that include at a minimum the statements, "Consumption of THC when pregnant, or by a mother who is breastfeeding, may adversely impact an infant's development", "Do not drive a vehicle or operate heavy machinery while under the influence of this product", and "Keep out of reach of children";

(12) for all cannabis-derived products that contain THC and that are intended to be consumed by vaporization: a health warning that states in bolded text, "WARNING: Vaping THC has been associated with cases of severe lung injury, leading to difficulty breathing, hospitalization, and even death.";

(13) a sales barcode that is associated with the product and product batch;

(14) a batch number or code that is associated with the product batch and that is recorded by the non-profit producer or manufacturer in the electronic tracking system specified by the department; and

(15) instructions for use that are specific to the labeled product.

Table 8. Sample Label for Usable Cannabis Products
Producer:			Manufacturer:
Name of strain:			Total units:
Net weight: mg	Manufacture/Production date: / /	Expiration date: / /
Laboratory Analysis
PER CONTAINER:
THC: mg / % THC: %
CBD: mg / % CBD: %
Testing laboratory:
Instructions for use:
WARNING: This product contains medical cannabis. Do not drive a vehicle or operate heavy machinery while under the influence of this product. Consumption of THC when pregnant, or by a mother who is breastfeeding, may adversely impact an infant's development. WARNING: Vaping THC has been associated with cases of severe lung injury, leading to difficulty breathing, hospitalization, and even death. KEEP OUT OF REACH OF CHILDREN.

C.Drug information sheets: A non-profit producer shall generate a drug information sheet for every item of cannabis and cannabis derived product that is sold or distributed to a qualified patient or primary caregiver, and shall provide a copy of the drug information sheet to the qualified patient or primary caregiver at the time of sale or distribution, and upon request. A copy of a drug information sheet shall be provided to the department or its designee upon request. A drug information sheet shall be in the format provided at Table 9, Sample Label for Usable Cannabis Products, and shall use a font that is clearly legible, not italicized, and is printed in no smaller than 10 point type. The drug information sheet shall contain, at a minimum, the following:

(1) all of the content of the associated product label, as specified in this rule and identified in Table 8;

(2) a batch number or code that is associated with the cannabis used for the manufacture of the product, that is recorded by a non-profit producer in the electronic tracking system specified by the department;

(3) pesticide(s) used in the production of the cannabis or cannabis-derived product;

(4) for dried, usable cannabis and edible cannabis products: the total of THC, THCA, CBD, and CBDA per package, which shall be expressed by percentage of weight;

(5) for concentrated cannabis derived product: the totals of THC, THCA, CBD, and CBDA per package, which shall each be expressed by weight in milligrams and by percentage of total weight;

(6) for non-concentrated cannabis derived product: the total of THC, THCA, CBD, and CBDA, both per serving and per package, which shall each be expressed by weight in milligrams;

(7) a "best by" date or freeze date for products capable of supporting the growth of infectious, toxigenic, or spoilage microorganisms;

(8) instructions for appropriate storage;

(9) complete list of product ingredients;

(10) product facts or a nutrition fact panel, a statement that the product is for medical use by qualified patients, and a statement that the product is not for resale; and

(11) allergy warnings, including but not limited to information regarding whether the contents of the package were processed in any facility that also processes nuts.

Table 9. Sample Drug Information Sheet for Usable Cannabis Products

Cannabis Facts

Product name:

Product strain:

Producer of cannabis:

Manufacturer of cannabis product:

Net product weight:

Total units:

Manufacture date:

Product expiration date:

Batch number or code for manufactured product:

Batch number or code for cannabis:

Instructions for use:

Instructions for storage:

Nutrition facts:

Product ingredients:

Allergy warnings:

Laboratory Analysis

PER CONTAINER:

THC: mg / % THC: %

THCA: mg / % THCA %

CBD: mg / % CBD: %

CBDA: mg / % CBDA %

Testing laboratory:

WARNING: This product contains medical cannabis. This product is for medical use by qualified patients only. This product is not for resale. Do not drive a vehicle or operate heavy machinery while under the influence of this product. Consumption of THC when pregnant, or by a mother who is breastfeeding, may adversely impact an infant's development. WARNING: Vaping THC has been associated with cases of severe lung injury, leading to difficulty breathing, hospitalization, and even death. KEEP OUT OF REACH OF CHILDREN.

D.Expiration date: An expiration date that is identified on a usable cannabis product label shall not be modified, removed, or obscured. In the event that an expiration date specified on a usable cannabis product label has passed, the product shall be wasted in accordance with the terms of this rule and deducted from inventory in the electronic tracking system specified by the department.

E.Failure to comply with packaging or labeling requirements: If a non-profit producer does not comply with any packaging or labeling requirement of this rule, the department may immediately suspend sales and distribution of any such non-compliant product, may order the recall of any such product, may order the relabeling of any such product, and may pursue disciplinary action in accordance with this rule.

N.M. Admin. Code § 7.34.4.16

7.34.4.16 NMAC - Rp, 7.34.4.14 NMAC, 12/30/2010, Amended by New Mexico Register, Volume XXVI, Issue 04, February 27, 2015, eff. 2/27/2015, Adopted by New Mexico Register, Volume XXXI, Issue 12, June 23, 2020, eff. 6/23/2020