New Mexico Marijuana Courier License

What Is a Medical Cannabis Courier License in New Mexico?

A medical cannabis courier license in New Mexico permits the licensee to transport usable cannabis within the commonwealth from a licensed non-profit (LNPP) producer to qualified patients, caregivers, other non-profit producers, approved laboratories, or approved manufacturers. Per NMAC 7.34.4.7, usable cannabis in New Mexico refers to flowers and dried leaves of the female cannabis plant and cannabis-derived products, including concentrates. Usable cannabis does not include stalks, seeds, or roots of the cannabis plant.

Does New Mexico Issue Medical Marijuana Courier Licenses?

Yes. Pursuant to NMAC 7.34.4.17, medical cannabis courier license licenses are required and awarded to qualified persons or entities that transport usable cannabis from one or more licensed non-profit producers to qualified patients, laboratories, manufacturers, and patients. The New Mexico Department of Health issues the medical cannabis courier license.

How to Apply for a Medical Cannabis Courier License in New Mexico

Applicants are advised to acquaint themselves with the licensing rules promulgated by the New Mexico Department of Health before proceeding to submit their applications with the Department. In addition, applicants must be aware and adhere to all applicable local laws that do not conflict with the NMDOH rules, such as regulations governing public health and safety, natural resource protection, environmental impact, marijuana establishment operation, construction and building codes, zoning, employment, building and fire codes, and business or professional licensing. Hence, it is recommended that applicants research applicable local laws or municipal codes in the municipalities where they intend to locate their medical cannabis courier businesses.

An individual seeking to obtain a medical cannabis courier license in New Mexico must provide the following information or materials to the New Mexico Department of Health (NMDOH):

• A delivery plan
• A security plan showing a description of facilities and containers intended for use in transporting and storing usable cannabis
• A safety plan, including at the minimum, a description of measures to be taken by the applicant and its employees to ensure the safety of courier staff, primary caregivers, and qualified patients
• A description of all vehicles used or planned to be used to convey usable cannabis.
• A comprehensive list of workers
• Clean, readable photocopies of all courier personnel's current New Mexico state-issued identity cards
• Completed statewide and nationwide criminal history screening documents
• A description of the courier's operating hours
• A description of the locations or types of locations to which the courier will deliver usable cannabis
• A list of all licensed non-profit producers to whom the courier will deliver usable cannabis, and copies of all agreements between licensed non-profit producers and the courier regarding the delivery of usable cannabis.
• A breakdown of all fees that the courier will charge
• Protocols for contacting and communicating with qualified patients and primary caregivers regarding deliveries
• Drivers training materials
• Confidentiality training materials related to the confidentiality of primary caregiver and qualified patient information
• Evidence of good standing with the New Mexico Tax and Revenue Department (TRD)
• Copies of the applicant's business documents, such as articles of organization or incorporation
• Copies of the applicant's by-laws, as appropriate
• A list of all individuals or business entities exercising direct or indirect control over the courier's management or policies, as applicable.
• A list of all individuals or corporate organizations that have a direct or indirect ownership interest in any property used by the courier, whether the interest is in land, building(s), or other material
• Proof that the courier will not utilize any buildings within 300 feet of a school, church, or childcare facility
• If the courier's operations will be based at a site not controlled by the applicant: a signed declaration from the location's property owner or landlord authorizing the courier to possess cannabis on the premises
• A statement that the courier will not deliver cannabis within 300 feet of a school, church, or childcare facility
• A statement that no guns will be authorized on the courier's premises or in the vehicle used to transport or distribute cannabis and that no employee will hold a firearm while transporting or distributing cannabis.

All persons associated with a medical cannabis courier license application must consent to and undergo New Mexico DPS statewide criminal history and nationwide background checks. Individuals required to undergo the background checks include board members and persons having direct or indirect control over the medical cannabis courier’s management, policies, employees, contractors, and agents. The applicant will pay all applicable fees associated with the nationwide and DPS statewide criminal history screening background checks.

Individuals convicted of a felony offense of trafficking or distributing a controlled substance or a breach of any related federal statute or equivalent statute from any other jurisdiction, will have their license applications denied.

Applicants must submit the completed MCP Courier Application form along with the required documentation to LCMedical.cannabis@state.nm.us. Applicants are also required to provide physical mailing addresses and email addresses in the application form. The NMDOH will send general correspondence to applicants through the email addresses on file. Correspondences may include legal notice and determinations regarding an application or an administrative action related to the application.

Note that the submission of the medical cannabis courier license application does not guarantee approval. An applicant may not begin handling medical cannabis products until the NMDOH Medical Cannabis Program approves the application.

Following the submission of an application, the NMDOH may verify the information provided in the application and accompanying documentation by:

• Conducting on-site visit
• Contacting the applicant by telephone, mail, or email
• Requiring a face-to-face meeting and requesting additional identification materials if proof of identity is not clear
• Requesting additional information as the NMDOH consider necessary

If the NMDOH determines that an application for licensure is incomplete, it will notify the applicant by email and indicate the information or documents that the applicant must still supply. If the applicant fails to provide the requisite information or documents within 90 days of receiving notification of the deficiency, the application will be closed as incomplete and licensure denied under the Uniform Licensing Act. Hence, it is recommended that you timely respond to correspondences or requests for documentation or information from the NMDOH. The NMDOH may also deny an application for:

• Failing to submit a completed application
• Submitting incomplete, false, inaccurate, or misleading information
• Submitting materials that are illegible in whole or in part

Consequently, to restart the application process, an applicant will be required to file a new application. All license fees are non-refundable and must be paid with every new application.

How Much Does a Medical Cannabis Courier License Cost in New Mexico?

At the time of application, a medical cannabis courier license applicant must pay a non-refundable fee of $1,500 to the Medical Cannabis Program (MCP). The $1,500 fee is also due during the renewal application. The medical cannabis courier license is valid for a period of one year, expiring at the end of that year or upon the courier's closure. A courier must apply for permission renewal no later than 30 days before the expiry date.

Can Marijuana Cannabis Courier Licensees Hold Other Cannabis Licenses in New Mexico?

There are no explicit regulations in New Mexico’s Cannabis Regulation Act restricting the type of cannabis business licenses that medical cannabis courier licensees may hold. A medical cannabis courier licensee may also apply for a courier license to authorize the transportation of usable adult-use cannabis in New Mexico.