What Is a Medical Marijuana Manufacturer Only License in New Mexico?
The New Mexico medical manufacturer license, as defined under the Lynn and Erin Compassionate Use Act (LECUA), permits the licensee to manufacture cannabis products, package, transport, or courier cannabis products. The medical manufacturer license authorizes the holder to have cannabis products tested by a cannabis testing facility, purchase, obtain, sell, and transport cannabis products to other cannabis establishments. Under the scope of lawful cannabis activities authorized under their licenses, medical manufacturers licensee may also prepare cannabis products for personal production license holders in New Mexico.
Does New Mexico Issue Medical Marijuana Manufacturer Licenses?
Yes. Pursuant to the Lynn and Erin Compassionate Use Act (LECUA), the medical manufacturer license is one of the medical marijuana business licenses created to be issued to qualifying persons or entities by the New Mexico Department of Health.
How to Apply for a Medical Marijuana Manufacturer License in New Mexico
Before applying for the medical manufacturer license in New Mexico, it is recommended that you familiarize yourself with the NMDOH licensing guidelines. Municipal ordinances may also apply in the locality where you propose to locate your medical manufacturer establishment. Municipal codes may impact where in the city or county marijuana establishments may be situated, operation hours, and public health and safety. Therefore, you should also acquaint yourself with applicable municipal ordinances in your business area.
An applicant for a medical manufacturer license must submit an authorized application to the Medical Cannabis Program along with the following information and documents:
- Evidence of good standing with the New Mexico Taxation and Revenue Department
- A detailed description of the methods that the applicant will use to safely manufacture cannabis-derived products, including hygiene standards compliant with the requirements of the NMDOH rules, and a hazard analysis critical control point plan (HACCP) for each type of product that the manufacturer intends to manufacture
- Copies of the applicant's article of incorporation
- As applicable, a list of all individuals or business entities exercising direct or indirect control over the manufacturer's management or policies.
- A list of all individuals or corporate organizations that have a direct or indirect ownership interest in any property used by the manufacturer, whether the interest is in land, buildings, or other material, such as owners of any organization or business that owns all or part of the land or buildings used
- A comprehensive list of cannabis-derived products that the establishment will manufacture
- Proof that the manufacturer will not use any buildings within 300 feet of a school, church, or childcare facility
- A description of the facilities that the applicant will use in the manufacture of cannabis-derived products
- A description of how the applicant will obtain cannabis or cannabis concentrates from licensed non-profit producers and how the applicant will transport cannabis-derived products to licensed non-profit producers, including but not limited to the chain of custody documentation
- Testing procedures and criteria. These procedures and criteria must be consistent with the testing requirements specified in the NMDOH rules.
- A written security policy addressing personal safety, safety and security procedures, and crime prevention techniques.
- A description of the devices and methods that the marijuana manufacturer will use to provide security and documentation of successful testing or alarms and law enforcement notification systems
- A statement that no firearms will be permitted on the manufacturer's premises
- Training documentation prepared for each employee of the applicant, statements signed by employees indicating the topics discussed, including the names and titles of the presenters. The applicant must also include the time, date, and location of the employee training.
- Procedures and policies for employees addressing:
- Employment contracts or job descriptions developed for employees of the manufacturing establishment that identify duties, authority, responsibilities, qualifications, and supervisions; and
- Training materials concerning adherence to federal and state confidentiality laws
- Personnel records for each employee of the manufacturing establishment, including an employment application and a record of any disciplinary action taken
- Employee security and safety training materials provided to each employee at the time of initial appointment, including:
- Training on the appropriate use of chosen security measures and controls;
- Specific procedural instructions on how to react to an emergency, such as a robbery or a violent accident;
- A declaration that the manufacturing applicant will ensure that all employees at the company's facilities are at least 18 years of age
- A description of how the manufacturer applicant intends to use the NMDOH's mandated computerized inventory tracking system
- A documented policy ensuring that cannabis is not contaminated in any way
- Copies of any relevant lease agreements for the manufacturing applicant's usage of facilities
- An attestation that the manufacturing applicant has complied with and will continue to comply with all applicable state and municipal zoning, occupancy, licensing, and construction rules that apply to the manufacturer's intended use of the facility
- Evidence of previous permission by New Mexico's regulatory and licensing department for the manufacturer's usage of any compressed gas extraction equipment
- An attestation that the manufacturer applicant will not use dimethyl sulfoxide (DMSO) in the manufacturing of cannabis-derived products and will not keep DMSO on the manufacturer's premises
- Any additional materials required by the department
All individuals connected with a medical marijuana manufacturer license application must agree to and submit to statewide and nationwide criminal history and background checks conducted by the New Mexico Department of Public Safety (DPS). The applicant is responsible for any expenses related to the national and statewide criminal history screening conducted by the DPS. Individuals convicted of a felony crime involving the trafficking or distribution of a controlled drug, or a violation of any applicable federal or state legislation, will have their license applications denied.
After completing the MCP Manufacturer Application Form, submit it along with the required documentation to:
New Mexico Department of Health
5301 Central Ave. NE Suite 204
Albuquerque, NM 87108
Submitting an application for a medical manufacturer license does not guarantee that the license will be awarded to the applicant. An applicant may not commence medical cannabis product manufacturing until the NMDOH Medical Cannabis Program approves the application. Following submission of an application, the NMDOH may verify the information included in the application and any associated paperwork by doing the following:
- 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 considers that an application for licensing is incomplete, the Department will contact the applicant via email and specify the missing information or documents. If the applicant does not supply the required information or documentation within 90 days after notification, the application will be closed, and the NMDOH will deny the license under the Uniform Licensing Act. As a result, it is recommended that you promptly respond to communications or requests from the NMDOH for further documentation or information. Additionally, the NMDOH may decline 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
How Much Does a Medical Marijuana Manufacturer License Cost in New Mexico?
In accordance with the provisions of NMAC 18.104.22.168, a medical marijuana manufacturer license applicant must submit together with an initial application for licensure and renewal application, the sum of $5,000 made to the New Mexico Medical Cannabis Program. The medical marijuana manufacturer license is valid for one year. The licensee must submit a renewal application no later than 30 days from the date of expiration of the current license.
Can Medical Marijuana Manufacturer 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 marijuana manufacturer licensees may hold.