Yes. House Bill 2 (Cannabis Regulation Act) requires that cannabis and cannabis products be tested for potency and contaminants. The Cannabis Regulation Act was approved by Governor Lujan Grisham on March 19, 2021. According to the bill, cannabis testing laboratories are entities authorized to collect and test cannabis and cannabis-containing products.
All cannabis and cannabis-containing product samples in New Mexico must be tested before distribution to retail facilities or sale by licensed marijuana establishments. However, cannabis produced for research purposes is not subject to mandatory testing.
House Bill 2 created the Cannabis Control Division (CDC) under the Regulation and Licensing Department (RLD). The RLD administers the Cannabis Regulation Act and oversees the licensing of cannabis testing laboratories and other marijuana businesses in the state. Section 3 of House Bill 2 stipulates that the CCD is to establish standards for the testing and quality control of marijuana no later than January 1, 2022. The Division must consult with the New Mexico Environment Department and the New Mexico Department of Agriculture when creating the standards.
House Bill 2 stipulates that the standards for testing recreational cannabis must be consistent with the medical cannabis testing requirements. The required tests for recreational cannabis and cannabis-infused products in New Mexico and the compounds they check for include:
Yes. The provisions of the Cannabis Regulation Act authorize independent facilities to obtain cannabis laboratory testing licenses in New Mexico. However, the Cannabis Control Division has not started issuing recreational marijuana testing laboratory licenses. The state does not operate a state-owned cannabis testing laboratory.
Title 7 §22.214.171.124(I)(3) of the New Mexico Administrative Code stipulates that cannabis testing laboratories can acquire commercial reference standardization for testing cannabis and cannabis products. One of such standards is the ISO/IEC 17025 accreditation standard. It is an accreditation standard for laboratories based on the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC) guidelines. ISO/IEC 17025:2017 is its most recent version of this standard. New Mexico cannabis testing laboratories must meet certain requirements to get accredited under ISO/IEC 17025. These include general, structural, resource, management systems, and process requirements.
General requirements refer to the testing laboratory's ability to maintain the confidentiality of test results, while structural requirements pertain to their personnel and organizational structure. Under the resource requirements, laboratories must have the requisite equipment and facilities to conduct accurate marijuana testing. To fulfill process requirements, laboratories must establish guidelines for sampling, equipment handling, test method validation, result reporting, data control, and information management. There are two options under the management system requirements for ISO/IEC 17025:2017, namely Option A and Option B. Under option A, the management body of a laboratory is expected to engage in corrective actions, internal audits, improvement, record control, and management reviews. For option B, the management system must comply with ISO 9001:2015 and clauses 4 to 7 of ISO 17025:2017. An accreditation body must audit a recreational cannabis testing laboratory for the facility to attain ISO 17025:2017 accreditation.
As stipulated by House Bill 2, marijuana testing laboratory license applicants in New Mexico must:
According to the New Mexico Administrative Code, Title 7 §126.96.36.199, marijuana testing laboratory license applicants must provide:
Persons or entities interested in getting New Mexico marijuana testing laboratory licenses can register their interests online with the Cannabis Control Division. The Division is not currently accepting recreational marijuana testing laboratory license applications. It will inform the public when they are set to accept applications.
According to House Bill 2, the cost of obtaining and maintaining a cannabis testing laboratory license in New Mexico is $2,500 annually. An additional $1,000 annual fee applies for each separate premises a license holder operates. Applicants must pay their marijuana testing laboratory license application fees to the Cannabis Control Division.
Yes. According to House Bill 2, local jurisdictions are authorized to establish rules regarding cannabis business activities within their jurisdictions. However, these rules must not conflict with the Dee Johnson Clean Indoor Air Act or the Cannabis Regulation Act.
Cannabis testing laboratory license holders in New Mexico must adhere to local regulations of the municipalities where their facilities are situated. These rules include adherence to zoning, building codes, occupancy, odor control, chemical exposure, air quality, and ventilation standards. However, local authorities cannot prohibit the operation of cannabis testing laboratories within their jurisdictions.