New Mexico Medical Marijuana Testing License

Does New Mexico Require Testing for Medical Marijuana and Marijuana Products?

Yes. Title 7 §7.34.4.10 of the New Mexico Administrative Code, stipulates that all medical marijuana samples must be tested by licensed medical cannabis laboratories and approved before distribution or use. According to Title 7 §7.34.4.10(C) of the New Mexico Administrative Code, the tests required for medical marijuana products and the compounds they check for are:

• Microbiological tests: Microbiological tests check for aerobic microorganisms, yeast, mold, gram-negative bacteria, coliforms, salmonella species, and Escherichia Coli in medical marijuana samples.
• Mycotoxin test: Mycotoxin tests ascertain the quantities of aflatoxins and ochratoxin A in cannabis samples. Medical marijuana batches pass this test if the total levels of ochratoxin A and aflatoxins G1, G2, B1, and B2 is below 20 micrograms per kilogram.
• Residual solvent test: This checks for the presence of solvent residue retained in medical cannabis products. If the level of each residual solvent in a sample is below the action level stated in Title 7 §7.34.4.10(C)(3) of the New Mexico Administrative Code, such cannabis sample passes the residual solvent test. The compounds tested for include propane, butanes (isobutane and n-butane), pentane, hexane, cyclohexane, benzene, toluene, heptane, and ethylbenzene. Others are methyl alcohol, isopropyl alcohol, methylene chloride, acetone, and xylenes (meta-xylene, ortho-xylene, and para-xylene).
• Potency test: Potency tests evaluate the level of cannabinoids in medical marijuana products. These include tetrahydrocannabinolic acid (THCA), tetrahydrocannabinol (THC), cannabidiolic acid (CBDA), cannabidiol (CBD), and cannabinol (CBN). Others are cannabigerolic acid (CBGA), cannabigerol (CBG), cannabichromene (CBC), cannabidivarin (CBDV), and tetrahydrocannabivarin (THCV). Title 7 §7.34.4.10(C)(4)(a) of the New Mexico Administrative Code stipulates that the THC content of a cannabis product must be equal throughout a batch. Otherwise, that batch will be destroyed.
• Pesticide test: Pesticide tests check whether medical cannabis samples contain pesticides and ascertain their levels. The pesticides tested for include abamectin, azoxystrobin, bifenazate, etoxazole, imazalil, imazalil, imidacloprid, malathion, myclobutanil, permethrins, spinosad, spiromesifen spirotetramat, and tebuconazole.
• Heavy metal test: This test checks whether medical marijuana samples contain heavy metals like arsenic (As), cadmium (Cd), lead (Pb), and mercury (Hg). It also determines the level of each compound.
• Moisture content test: The moisture content test checks the level of moisture retained in dried cannabis products before distribution.

Does New Mexico License Independent Medical Marijuana Testing Facilities?

Yes. The provisions of Title 7 §7.34.4.10(C)(17) of the New Mexico Administrative Code permit independent laboratories to obtain medical marijuana testing laboratory licenses. New Mexico does not have a state-owned laboratory that tests medical marijuana samples.

What Accreditations Do Medical Marijuana Testing Facilities Need in New Mexico?

Title 7 §7.34.4.18(I)(3) of the New Mexico Administrative Code authorizes licensed medical marijuana testing laboratories to have reference standards internally. Alternatively, they can use commercial reference standards for testing medical marijuana samples. One of such standards is the ISO/IEC 17025. The ISO/IEC 17025 is an accreditation standard for laboratories developed by the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC). The latest version of this standard, ISO/IEC 17025:2017, was introduced in 2017.

A medical marijuana testing laboratory must be audited by an ISO/IEC 17025 accreditation body before it can be accredited under ISO/IEC 17025:2017. The accreditation bodies assess laboratories based on specific requirements, including structural, general, management systems, process, and resource requirements. To fulfill the general requirement, medical marijuana testing laboratories must maintain the confidentiality of all the data they generate unless required by law. For structural requirements, cannabis testing laboratories must define and document their personnel responsibilities and organizational structures. Resource requirements refer to a laboratory's test result traceability, equipment, personnel, facility, and environmental standards.

Medical marijuana testing laboratories must establish their sampling, equipment handling, result reporting, and customer complaint management guidelines to meet the ISO/IEC 17025:2017 process requirements. To fulfill the management system requirements, the management bodies of laboratories must follow either management system Option A or B. Under option A, the facility's management must handle record control, corrective actions, and internal audits. Under option B, the laboratory's management structure must comply with clauses 4 to 7 of ISO 17025:2017 and ISO 9001:2015.

How to Get a Marijuana Testing Laboratory License in New Mexico

According to Title 7 §7.34.4.10(C)(17)(C) of the New Mexico Administrative Code, a medical marijuana testing laboratory license applicant must complete the Medical Cannabis Program Laboratory Application Form (Cover Page). They must provide all required documents and completed application form on a USB drive and submit them to the Department of Health at:

New Mexico Department of Health

5301 Central Avenue

North East, Suite 204

Albuquerque, NM 87108

How Much Does a Medical Marijuana Testing Laboratory License Cost in New Mexico?

Per Title 7 §7.34.4.17(B) of the New Mexico Administrative Code, the cost of obtaining and maintaining a medical marijuana testing laboratory license is:

• $2,200 non-refundable license application fee
• $2,200 non-refundable license renewal fee

Applicants and licensees can pay their license application and renewal fees by money order or checks payable to the Medical Cannabis Program under the Department of Health.

Are there Local Regulations for Cannabis Testing Facilities in New Mexico?

Yes. As stipulated in Title 7 §7.34.4.18(E) of the New Mexico Administrative Code, medical marijuana testing laboratories must comply with all local regulations of the municipalities where their facilities are situated. These regulations include adherence to chemical exposure, ventilation, air quality, odor control, occupancy, licensing, building, and zoning codes.