Yes. According to New Mexico Administrative Code (NMAC) 16.8.2, cannabis producers in New Mexico require licenses to operate in the state. The cannabis producer license permits holders to plant, grow, and harvest cannabis in New Mexico. The New Mexico Regulation and Licensing Department (NMRLD) is responsible for issuing marijuana producer licenses and monitoring the activities of all the licensees in the state. The NMRLD will not approve an application for licensure to operate within the exterior boundaries of a federally recognized Indian nation, tribe, or pueblo. Such applications are only approved if the tribal government and the New Mexico Regulation and Licensing Department have entered into an intergovernmental agreement. The agreement will coordinate the cross-jurisdictional administration of New Mexico and tribal laws relating to the Cannabis Regulation Act or the Lynn and Erin Compassionate Use Act. Marijuana producer license holders are only permitted to cultivate cannabis on NMRLD licensed premises.
As stipulated by House Bill 2, New Mexico issues two types of cannabis producer licenses. These are:
When approving cannabis producer licenses, the New Mexico Regulation and Licensing Department (NMRLD) indicates if the licenses are for medical cannabis activities, recreational cannabis activities, or both. In the state of New Mexico, cannabis producer licenses are valid for 12 months from the licensing date and must be renewed annually, except they are revoked, suspended, or terminated by the NMRLD before the date of expiration.
As stipulated in Title 8 Chapter 16 Part 2 of the NMAC, licensed cannabis producers may grow marijuana in New Mexico. Cannabis producers are licensed to produce marijuana for medical or recreational markets. Per Title 8 Chapter 16 Part 2 of the NMAC, cannabis establishment employees must be at least 21 years of age. The administrative code also permits licensed integrated cannabis establishments and licensed vertically integrated cannabis establishments to produce cannabis. An integrated cannabis establishment may engage in up to five cannabis activities. These include production, manufacturing, operating a single cannabis retail outlet, sale, and transport of cannabis products made by the licensee. Similarly, a vertically integrated cannabis establishment can act as a marijuana courier, producer, retailer, and manufacturer.
The state also requires all cannabis farm employees and produce license holders to undergo a criminal history background check conducted by the New Mexico Department of Public Safety before employment or licensure. Failure to notify the NMRLD of a potentially disqualifying event that may have occurred within 70 days of such an event will result in administrative disciplinary action or license revocation.
In line with the Lynn and Erin Compassionate Use Act), the NMRLD permits registered medical marijuana patients or caregivers to grow up to 16 marijuana plants. However, they are only allowed to own four mature marijuana plants for medical use. Similarly, adults 21 years and older may grow up to 12 marijuana plants for recreational use without a permit.
Per the NMAC 16.8.2, the New Mexico Regulation and Licensing Department (NMRLD) issues marijuana producer licenses in the state. The Marijuana Use Regulation Act stipulates that only adults 21 years and older may apply for a marijuana producer license in New Mexico. To obtain a marijuana producer license, applicants must provide the following information and documents:
Applications and supporting documents should be submitted online to the New Mexico Regulation and Licensing Department. The applicant then pays the required fees as required by 16.8.11 NMAC.
Licensing fees for producers, integrated cannabis establishments, and vertically integrated cannabis establishments are paid annually. As stipulated in House Bill 2, an application fee for marijuana producer licenses cost $2,500. Licenses are renewed annually at a fee of $2,500 for the primary location. Additional locations are licensed annually at $1,000 per location. Marijuana producer license holders are also required to pay a fee of $10 per plant for recreational marijuana plants and $5 per plant for medical marijuana plants, up to a maximum of 8,000 plants.
Integrated cannabis establishments licenses cost $2,500 per annum for each location for those engaging in production, and additional locations licenses cost $500 per annum for each location. Vertically integrated cannabis establishment licenses cost $7,500 per annum and a $1,000 fee per annum for each additional location. A cannabis producer microbusiness license costs $1,000 per year.
According to the Cannabis Regulation Act, all licensing fees are deposited in the cannabis regulation fund. These fees are payable through credit cards, debit cards, electronic checks, electronic bank transfers, automated clearing house payments, or cashier’s checks. Cash payments are not accepted.