New Mexico Integrated Cannabis Microbusiness License

What Is an Integrated Cannabis Microbusiness License In New Mexico?

The New Mexico integrated cannabis license authorizes the licenses to engage in one or more of the following lawful cannabis activities in the state:

• The production of cannabis in one licensed premises provided the licensee does not possess above 200 total mature cannabis plants per time
• The manufacture of cannabis products at a single licensed facility
• The transportation and sales of cannabis products manufactured or produced by the licensee
• The operation of one retail cannabis establishment
• The courier of cannabis products to qualified patients and primary caregivers, reciprocal participants, or directly to consumers

Does New Mexico Issue Integrated Cannabis Microbusiness Licenses?

Yes. The New Mexico Cannabis Control Division licenses persons or entities who meet all the requirements stipulated in the Cannabis Regulation Act to become integrated cannabis microbusiness establishments. Although the initial award of the license may be for one or more of the lawful cannabis activities under the scope of the integrated cannabis microbusiness, a licensee may request the Cannabis Control Division (CCD) to add or remove a cannabis establishment activity by submitting an amended application, and any required additional fees.

How to Apply for an Integrated Cannabis Microbusiness License in New Mexico

The state of New Mexico is not presently accepting applications for integrated cannabis microbusiness licenses. The Cannabis Control Division, the state agency in charge of issuing cannabis licenses, must begin accepting applications on or before January 1, 2022. Applicants will use the CCD's licensing system to complete and submit license applications.

To begin the application procedure, you must first register for a CCD online licensing system account. Applicants will be required to provide their email addresses when setting up their accounts. The CCD will communicate with applicants through the email addresses on file. Applicants must be at least 21 years old to be eligible for integrated cannabis microbusiness licenses.

An applicant for an integrated cannabis establishment must fulfill the criteria for each type of authorized cannabis activity under the scope of the license in accordance with the New Mexico Cannabis Regulation Act. The applicant may submit an application for the authorization to conduct one or more of the following:

• Cannabis production
• Cannabis products manufacturing
• Cannabis retail establishment
• Courier of cannabis products

Hence, it is recommended that you acquaint yourself with the CCD licensing rules and guidelines before proceeding to apply for an integrated cannabis establishment license. It is also expedient to consider the applicable municipal ordinances in the area where you intend to set up your cannabis establishment. Pursuant to the CRA, an applicant must adhere to all applicable local laws that do not conflict with the CRA, including regulations governing food and product safety, occupational health and safety, natural resource protection, environmental impacts, cannabis establishment operation, construction and building codes, zoning, employment, building and fire codes, and business or professional licensing.

Applicants for licensing must consent to and complete national criminal history background checks and statewide criminal history screening background checks. The statewide background check will be completed through the New Mexico Department of Public Safety (DPS) no more than 90 days before submitting the application. The CCD will need background checks for:

• each limited partnership partner;
• each limited liability company member;
• each corporation or trust director, officer, or trustee; and
• any controlling person of the applicant

The applicant will bear any fees connected with the national criminal history background check and the statewide criminal history background check done by the New Mexico Department of Public Safety. The CCD will screen applicants for criminal convictions under the Cannabis Regulation Act and the Criminal Offender Employment Act. The following offenses are considered to be significantly connected to an applicant's or individual's qualifications, duties, or responsibilities:

• A felony conviction for embezzlement, deceit, or fraud;
• A felony conviction for hiring, employing, or otherwise employing a person under the age of 18 to:
  • prepare for sale, transport, or carry a controlled substance; or
  • sell, give away, or offer for sale a controlled substance to any person
• A felony offense for possession, use, manufacture, distribution, or dispensing, or possession with the intent to dispense, manufacture, or distribute a controlled substance. New Mexico law does not include cannabis in the scope of controlled substances for this purpose.

Note that submitting an integrated cannabis microbusiness license application does not guarantee that the application will be approved. Until the CCD has approved an application, the applicant may not commence operations. Upon the filing of an application, the CCD may conduct a verification of the information included in the application and related paperwork by performing the following procedures:

• 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 further information as the CCD consider necessary

If the CCD determines that an application for licensure lacks specific information or documents, the Division will notify the applicant through email with the missing information or documents. If the applicant defaults in providing the required materials or information within 90 days after being informed of the deficiency, the application will be declared incomplete, and the CCD will deny the license under the Uniform Licensing Act. To restart the application process, the applicant must submit a new application. All license fees are non-refundable and must be paid in full at the time of application submission.

The CCD may provide a provisional license letter upon the applicant's written request, with the condition that the applicant will obtain documents that are either awaiting approval or are necessary from other state agencies or municipal governments in order for the application to be deemed complete.

The provisional license letter will list all remaining application criteria and expire six months after its issuance to the applicant. However, the Division may extend a provisional license letter for an additional six months upon the applicant's written request. The letter will specify that final approval or denial of a license is conditional on the applicant submitting all outstanding papers or information. Note that a provisional license does not permit the applicant to commence cannabis business operations.

Applicants have the right to withdraw their applications at any moment before the CCD issues or denies a license. However, the withdrawal requests must be made in writing to the Division, dated, and signed by the applicants. The withdrawal of an application does not stop the Division from starting or continuing an action against the applicant for license denial on any legal reason or from entering an order refusing the license on any legal basis.

How Much Does an Integrated Cannabis Microbusiness License Cost in New Mexico?

Per NMAC 16.8.11.9), the New Mexico integrated cannabis microbusiness license fee is determined based on the number of cannabis activities conducted on the license. Legal cannabis activities under the Cannabis Regulation Act include cannabis production, manufacturing, transportation, retail, and couriering of cannabis products to qualified persons. Applicants will be required to pay in the following manner:

• Two approved cannabis activities: $1,000
• Three approved cannabis activities: $1,500
• Four approved cannabis activities: $2,000
• Five approved cannabis activities: $2,500

The New Mexico integrated cannabis microbusiness license is valid for 12 months. The renewal fee is the same as the initial license fee.

Can Integrated Cannabis Microbusiness Licensees Hold Other Cannabis Licenses in New Mexico?

The integrated cannabis microbusiness license potentially permits the licensee to conduct the cannabis activities authorized to couriers, retailers, producers, and manufacturers in the state. Hence, a licensee does not have to acquire licenses for other permitted cannabis activities separately. Still, the New Mexico Cannabis Regulation Act (CRA) does not include any specific restrictions on the types of licenses that integrated cannabis microbusiness licensees may hold in the state.