N.M. Admin. Code § 7.34.4.27

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

Section 7.34.4.27 - CANNABIS CONSUMPTION AREAS

A.General provisions: The smoking, vaporizing, and ingestion of medical cannabis products by qualified patients is permitted within cannabis consumption areas, designated by the department, that are located on the premises of licensed non-profit producers. Cannabis consumption areas may only be operated by licensed non-profit producers, at medical cannabis dispensary locations designated by the department. Alcohol is prohibited in cannabis consumption areas. A licensed non-profit producer that operates a cannabis consumption area shall comply with all applicable state and local laws, including but not limited to zoning, occupancy, licensing, and building codes. Additionally, a licensed non-profit producer that operates a designated cannabis consumption area shall:

(1) restrict access to the cannabis consumption area to qualified patients and their primary caregivers and authorized personnel of the non-profit producer;

(2) ensure that consumption of cannabis in the cannabis consumption area is not visible from any public place or from outside the cannabis consumption area; and

(3) require that qualified patients who consume cannabis in a cannabis consumption area either leave the non-profit producer's premises with a designated driver or utilize other lawful means of transportation from the non-profit producer's premises.

B.Application; operations plan: A licensed non-profit producer shall apply for and obtain prior approval from the department before operating a cannabis consumption area. The licensed non-profit producer shall include an operations plan with its application that includes the following:

(1) operating hours of the cannabis consumption area;

(2) plan for limiting access to qualified patients and primary caregivers access and verification process;

(3) security plan addressing overall security measures, including but not limited to plans for video surveillance, fire safety, public disturbances, refusal of service, and emergency evacuation;

(4) plan for ensuring that only qualified patients, primary caregivers, and authorized staff can access cannabis consumption areas;

(5) plan for educating patients and primary caregivers about the dangers of driving under the influence of cannabis;

(6) plan concerning disposal of wasted cannabis and cannabis-related paraphernalia;

(7) plan concerning measures to limit potential allergic reactions by qualified patients and primary caregivers who visit the cannabis consumption area;

(8) plan to ensure that qualified patients who are minors are accompanied by their primary caregiver at all times while on the premises of a cannabis consumption area;

(9) attestation that access to cannabis consumption areas will be limited to qualified patients and their primary caregivers and authorized personnel of the non-profit producer;

(10) attestation that consumption of cannabis in the cannabis consumption area will not be visible from any public place or from outside the cannabis consumption area;

(11) attestation that the non-profit producer will require that qualified patients who consume cannabis in a cannabis consumption area either leave the non-profit producer's premises with a designated driver (who shall be identified to the non-profit producer by the qualified patient or primary caregiver) or utilize other lawful means of transportation from the non-profit producer's premises; and

(12) such additional information or materials as the department may require.

C.Amended license: The licensed non-profit producer shall apply for amended licensure, and shall obtain approval from the department, at least 30 days prior to implementing any change of location of a cannabis consumption area or any substantial change to any portion of the non-profit producer's cannabis consumption area operations plan.

N.M. Admin. Code § 7.34.4.27

Adopted 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