Those definitions provided for in the Cannabis Regulation Act, codified as NMSA 1978, § 26-2C-1 et seq., are hereby incorporated by reference and shall have the same meaning when used in this chapter as provided for in the Act, unless otherwise specified. Additional definitions have been provided to provide clarity and consistency with City of Artesia codes and ordinances already in effect, or to differentiate from the State of New Mexico Cannabis Regulation Act.
ADVERTISEMENT: | A statement or a depiction that is intended to induce the purchase of cannabis products and that is displayed in printed material or on a sign or other outdoor display or presented in a radio, television, or other media broadcast or in digital media. Advertisement does not include: |
A. A sign or outdoor display or other statement permanently affixed to a licensed premises that is intended to induce the sale of a cannabis product produced or sold on the premises; | |
B. A label affixed to a cannabis product or the covering, wrapper, or container of a cannabis product; or | |
C. An editorial or other material printed in a publication when the publication of the editorial or material was not paid for by a licensee and was not intended to promote the sale of cannabis products by a particular brand or company. | |
CANNABIS: | All parts of the plant genus cannabis containing a delta-9-tetrahydrocannabinol concentration of more than three-tenths percent on a dry weight basis, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds, or its resin; and does not include: |
A. The mature stalks of the plant; fiber produced from the stalks; oil or cake made from the seeds of the plant; any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil, or cake; or the sterilized seed of the plant that is incapable of germination; or | |
B. The weight of any other ingredient combined with cannabis products to prepare topical or oral administrations, food, drink, or another product. | |
CANNABIS CONSUMPTION AREA: | An area where cannabis products may be served and consumed. |
CANNABIS CONSUMPTION FACILITY: | A facility where cannabis is legally consumed within the facility’s boundaries, and includes cannabis consumption lounges, bars, clubs, and restaurants with cannabis-infused edible items. |
CANNABIS COURIER: | A person that transports cannabis products to qualified patients, primary caregivers, or reciprocal participants or directly to consumers. |
CANNABIS DELIVERY SERVICE: | The transfer of cannabis and/or cannabis products from a licensed cannabis-related business to consumers over the age of 21. |
CANNABIS DISTRIBUTOR: | A cannabis operator who operates a location or a facility where a person conducts the business of procuring cannabis from permitted cannabis cultivation sites or cannabis manufacturers for sale to permitted cannabis dispensaries, and the inspection, quality assurance, batch testing, storage, labeling, packaging, and other processes prior to transport to permitted cannabis dispensaries. |
CANNABIS ESTABLISHMENT: | Means and includes any of the following: |
A. A cannabis testing laboratory; | |
B. A cannabis research laboratory; | |
C. A cannabis cultivator; | |
D. A cannabis manufacturer; | |
E. A cannabis producer; | |
F. A cannabis retailer (i.e., dispensary); | |
G. An on-site cannabis consumption lounge or club; | |
H. A vertically integrated cannabis establishment; | |
I. A cannabis producer microbusiness; or | |
J. An integrated cannabis microbusiness. | |
CANNABIS EXCISE TAX: | A tax that is imposed on cannabis, which entails both excise taxes enacted by the state as well as excise taxes voted on in a municipality. |
CANNABIS EXTRACT: | A product obtained by separating resins, tetrahydrocannabinols, or other substances from cannabis by extraction methods approved by the division; and does not include the weight of any other ingredient combined with cannabis extract to prepare topical or oral administrations, food, drink, or another product. |
CANNABIS FLOWERS: | Only the flowers of a cannabis plant. |
CANNABIS MANUFACTURER: | A person that: |
A. Manufactures cannabis products; | |
B. Packages cannabis products; | |
C. Has cannabis products tested by a cannabis testing laboratory; or | |
D. Purchases, acquires, sells or transports wholesale cannabis products to other cannabis establishments. | |
CANNABIS PRODUCER: | A person that: |
A. Cultivates cannabis plants; | |
B. Has unprocessed cannabis products tested by a cannabis testing laboratory; | |
C. Transports unprocessed cannabis products only to other cannabis establishments; or | |
D. Sells cannabis products wholesale. | |
CANNABIS PRODUCER MICROBUSINESS: | A cannabis producer at a single licensed premises that possesses no more than two hundred total mature cannabis plants at any one time. |
CANNABIS PRODUCT: | A product that is or that contains cannabis or cannabis extract, including edible or topical products that may also contain other ingredients. |
CANNABIS RELATED BUSINESS: | A facility that is involved in the cultivation, including micro, small, medium, and large-scale processes; manufacturing; processing; distribution; retail sales; on-site consumption and specialized events for the consumption of medical and recreational cannabis and cannabis-infused products. |
CANNABIS RESEARCH LABORATORY: | A facility that produces or possesses cannabis products and all parts of the plant genus cannabis for the purpose of studying cannabis cultivation, characteristics or uses. |
CANNABIS RETAILER: | A person that sells cannabis products to qualified patients, primary caregivers, or reciprocal participants or directly to consumers. |
CANNABIS SERVER PERMIT: | An authorization that allows a person to directly offer, sell or serve cannabis or cannabis products as part of commercial cannabis activity in a cannabis consumption area. |
CANNABIS SERVER PERMIT EDUCATION PROVIDER: | A person that provides cannabis server education courses and examinations. |
CANNABIS TESTING LABORATORY: | A person that samples, collects, and tests cannabis products and transports cannabis products for the purpose of testing. |
CANNABIS TRAINING AND EDUCATION PROGRAM: | A practical or academic curriculum offered by a New Mexico public post-secondary educational institution designed to prepare students for participation in the cannabis industry. |
CERTIFICATE OF OCCUPANCY: | A certificate issued to the property owner by the building official or other designated city official, evidencing the fact that the requirements of applicable codes and ordinances have been met. |
COMMERCIAL CANNABIS ACTIVITY: | The cultivation, production, possession, manufacture, storage, testing, researching, labeling, transportation, couriering, purchase for resale, sale, or consignment of cannabis products; and does not include activities related only to the medical cannabis program, to cannabis training and education programs or to the personal cultivation or use of cannabis. |
CONSUMER: | A person twenty-one years of age or older who purchases, acquires, owns, possesses, or uses a cannabis product for a purpose other than resale. |
CONTAMINANT: | Pesticides and other foreign material, such as hair, insects, or other similar adulterants, in harvested cannabis. |
CONTROLLING PERSON: | A person that controls a financial or voting interest of ten percent or more of, or an officer or board member of, a cannabis establishment; and does not include a bank or licensed lending institution. |
CULTIVATION: | Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. |
DEPARTMENT: | The regulation and licensing department of the State of New Mexico. |
DIRECTOR: | The director of the cannabis control division. |
DISTRIBUTION: | The procurement, sale and transport of cannabis or cannabis products between cannabis businesses. |
DIVISION: | The cannabis control division of the department. |
DRY WEIGHT BASIS: | When used in the context of regulation of commercial cannabis activity, a process by which delta-9-tetrahydrocannabinol concentration is measured relative to the aggregate weight of all parts of the plant genus cannabis, whether growing or not, including the leaves of the plant, the flowers and buds of the plant, the seeds of the plant, the resin of the plant and the stalks of the plant at the point of harvest by a licensee and with no moisture added to the harvested plant. |
ESTABLISHMENT: | A cannabis producer microbusiness; or an integrated cannabis microbusiness. |
FACILITY: | A building, space or grounds licensed for the production, possession, testing, manufacturing or distribution of cannabis, cannabis extracts or cannabis products. |
FINANCIAL CONSIDERATION: | Value that is given or received, directly or indirectly, through sales, barter, trade, fees, charges, dues, contributions, or donations. |
HOMEGROWN OR HOMEMADE: | Grown or made for purposes that are not dependent or conditioned upon the provision or receipt of financial consideration. |
HOUSEHOLD: | A housing unit and includes any place in or around the housing unit at which an occupant of the housing unit produces, manufactures, keeps, or stores homegrown cannabis or homemade cannabis products. |
IMMATURE CANNABIS PLANT: | A cannabis plant that has no observable flowers or buds. |
INDUSTRY STANDARDS: | The prevailing customary standards of business practice in the cannabis industry in jurisdictions within the United States. |
INTEGRATED CANNABIS MICROBUSINESS: | A person that is authorized to conduct one or more of the following: |
A. Production of cannabis at a single licensed premises; provided that the person shall not possess more than two hundred total mature cannabis plants at any one time; | |
B. Manufacture of cannabis products at a single licensed premises; | |
C. Sales and transportation of only cannabis products produced or manufactured by that person; | |
D. Operation of only one retail establishment; and | |
E. Couriering of cannabis products to qualified patients, primary caregivers, or reciprocal participants or directly to consumers. | |
LICENSED PREMISES: | A location that includes: |
A. All enclosed public and private areas at the location that are used in the business and includes offices, kitchens, restrooms and storerooms; | |
B. All areas outside of a building that are specifically included in the license for the production, manufacturing, wholesale sale or retail sale of cannabis products; and | |
C. With respect to a location that is specifically licensed for the production of cannabis outside of a building, the entire unit of land that is created by subsection or partition of land that the licensee owns, leases, or has a right to occupy. | |
LOCAL JURISDICTION: | A municipality, home rule municipality, or county. |
MANUFACTURE: | To compound, blend, extract, infuse, package, or otherwise prepare a cannabis product. |
MATURE CANNABIS PLANT: | A cannabis plant that has flowered and has buds that are observable by unaided visual examination. |
MEDICAL CANNABIS: | Cannabis products used by a qualified patient or reciprocal participant in accordance with the Lynn and Erin Compassionate Use Act. |
MEDICAL CANNABIS PROGRAM: | The program created pursuant to the Lynn and Erin Compassionate Use Act. |
MEDICAL CANNABIS REGISTRY: | The system by which the department of health approves or denies applications and issues and renews registry identification cards for qualified patients. |
PRIMARY CAREGIVER: | A resident of New Mexico who is at least eighteen years of age and who is responsible for managing the well-being of a qualified patient with respect to the medical use of cannabis pursuant to the Lynn and Erin Compassionate Use Act. |
PUBLIC PLACE: | A place to which the general public has access and includes hallways, lobbies and other parts of apartment houses and hotels that do not constitute rooms or apartments designed for actual residence; highways; streets; schools; places of amusement; parks; playgrounds; and places used in connection with public passenger transportation. |
QUALIFIED PATIENT: | A resident of New Mexico who holds a registry identification card pursuant to the Lynn and Erin Compassionate Use Act. |
RECIPROCAL PATIENT: | A person who is not a resident of New Mexico and who holds proof of enrollment by a governmental regulatory authority to participate in the medical cannabis program of another state of the United States, the District of Columbia or a territory or commonwealth of the United States in which the person resides or a person who holds proof of enrollment by a governmental regulatory authority of a New Mexico Indian nation, tribe or pueblo to participate in its medical cannabis program. |
RETAIL ESTABLISHMENT: | A location at which cannabis products are sold to qualified patients, primary caregivers, and reciprocal participants and directly to consumers. |
SPECIAL USE: | A use in which a permit must be secured and conditions must be observed to help alleviate potential negative impacts to the area surrounding the site where the use is sought. |
SUPERINTENDENT: | The superintendent of regulation and licensing. |
TRAFFIC: | As used in this chapter, the distribution, sale, barter or giving away of cannabis products; or possession with intent to distribute, sell, barter or give away cannabis products. |
UNPROCESSED: | Unaltered from an original, raw, or natural state. |
VERTICALLY INTEGRATED CANNABIS ESTABLISHMENT: | A person that is authorized to act as any of the following: |
A. A cannabis courier; | |
B. A cannabis manufacturer; | |
C. A cannabis producer; and | |
D. A cannabis retailer. (Ord. O-1089, 9-14-2021) | |