New Mexico 2025 Regular Session Status: Passed House 2 D cosponsors

HB 346 — HEMP PRODUCTS & SYNTHETIC CANNABINOIDS

Last action — action postponed indefinitely

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2025 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

583 added · 470 removed

Plain-language change summary

The updated version of House Bill 346 clarifies that the Environmental Improvement Board will now handle the rules regarding hemp products, instead of the Department of Environment. It also explicitly prohibits the receipt, possession, advertising, marketing, or sale of semi-synthetic and synthetic cannabinoids. This change is important because it centralizes regulatory authority and aims to strengthen oversight on potentially harmful substances, enhancing consumer safety in New Mexico.

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HOUSE COMMERCE AND ECONOMIC DEVELOPMENT COMMITTEE SUBSTITUTE FOR HOUSE BILL 346 57TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2025 4 6 8 10 AN ACT RELATING TO HEMP;
HOUSE COMMERCE AND ECONOMIC DEVELOPMENT COMMITTEE SUBSTITUTE FOR HOUSE BILL 346 57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025 This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
CHANGING RULEMAKING AUTHORITY FROM THE DEPARTMENT OF ENVIRONMENT TO THE ENVIRONMENTAL IMPROVEMENT BOARD;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
PROVIDING REGULATORY AUTHORITY OVER HEMP FINISHED PRODUCTS AT RETAIL AND SEMI-SYNTHETIC AND SYNTHETIC CANNABINOIDS;
h g o AN ACT t hr g e i k RELATING TO HEMP;
BANNING THE RECEIPT, POSSESSION, ADVERTISING, MARKETING OR SALE OF SEMI-SYNTHETIC AND SYNTHETIC CANNABINOIDS e t 17 IN NEW MEXICO;
CHANGING RULEMAKING AUTHORITY FROM THE h r i s DEPARTMENT OF ENVIRONMENT TO THE ENVIRONMENTAL IMPROVEMENT h , t, BOARD;
REQUIRING THE ENVIRONMENTAL IMPROVEMENT BOARD TO w l n d 18 ADOPT RULES REGULATING HEMP EXTRACTS AND HEMP FINISHED PRODUCTS = = 19 a l AT RETAIL;
PROVIDING REGULATORY AUTHORITY OVER HEMP FINISHED e u g e b l e e h PRODUCTS AT RETAIL AND SEMI-SYNTHETIC AND SYNTHETIC n d d i = = o h CANNABINOIDS;
BANNING THE RECEIPT, POSSESSION, ADVERTISING, l ] b ,d i a º e MARKETING OR SALE OF SEMI-SYNTHETIC AND SYNTHETIC CANNABINOIDS r i = r t e w d m a n o IN NEW MEXICO;
REQUIRING THE ENVIRONMENTAL IMPROVEMENT BOARD TO d m :
b e d s º o t n = .231096.1AIC March 20, 2025 (8:12pm) s k m e e a n e d r e l u [ A d HCEDC/HB 346 ADOPT RULES REGULATING HEMP EXTRACTS AND HEMP FINISHED PRODUCTS AT RETAIL;
i a e r 20 a t m m 21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
d r e 22 SECTION 1.
SECTION 1.
Section 76-24-4 NMSA 1978 (being Laws 2019, c e s k 23 Chapter 116, Section 2) is amended to read:
Section 76-24-4 NMSA 1978 (being Laws 2019, Chapter 116, Section 2) is amended to read:
e a n b 24 "76-24-4.
"76-24-4.
DEFINITIONS.--As used in the Hemp Manufacturing u [ Act:
DEFINITIONS.--As used in the Hemp Manufacturing Act:
.231096.1 HCEDC/HB 346 A.
A.
"consumer" means a person who is a member of the public, takes possession of a hemp finished product, is not functioning in the capacity of a hemp manufacturer or hemp producer and does not offer the hemp finished product for resale;
"consumer" means a person who is a member of the public, takes possession of a hemp finished product, is not h functioning in the capacity of a hemp manufacturer or hemp u » r producer and does not offer the hemp finished product for t h g e resale;
[D.] E.
l i h r i s [D.] E.
and any part of that plant, including seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a THC concentration of not more than three-tenths percent [on a dry e t 17 weight basis;
h , e h and any part of that plant, including seeds and all t u g e b l derivatives, extracts, cannabinoids, isomers, acids, salts and e e , gh n d d i = = o h salts of isomers, whether growing or not, with a THC l ] b ,d i a º r concentration of not more than three-tenths percent [on a dry e r = t e w d weight basis;
w l n d 18 E.
m a n o d m :
"hemp-derived material" means any material = = 19 containing THC in any concentration derived from Cannabis a l i a e r 20 sativa L.
b r e t º o t n = .231096.1AIC March 20, 2025 (8:12pm) s k m e - 2 - e a n e d r e l u [ A d HCEDC/HB 346 E.
through any activity authorized pursuant to the Hemp a t m m 21 Manufacturing Act] or a concentration allowed by federal law, d r e 22 whichever is greater, based on dry weight;
"hemp-derived material" means any material containing THC in any concentration derived from Cannabis sativa L.
c e s k 23 F.
through any activity authorized pursuant to the Hemp Manufacturing Act] or a concentration allowed by federal law, whichever is greater, based on dry weight;
"hemp extract" means oil and extracts derived e a n b 24 from hemp, containing THC in any concentration, including u [ cannabidiol, cannabidiolic acid and other identified and .231096.1 - 2 - HCEDC/HB 346 non-identified compounds;
F.
"hemp extract" means oil and extracts derived from hemp, containing THC in any concentration , including cannabidiol, cannabidiolic acid and other identified and non-identified compounds;
"hemp finished product" means a [hemp] product for human ingestion or inhalation that [is intended for retail sale and containing] contains hemp or hemp extracts [that includes food, food additives and herbs for human use, including consumption that has a THC content of not more than three-tenths percent] and is intended to be provided to consumers;
"hemp finished product" means a [hemp ] product for human ingestion or inhalation that [is intended for retail sale and containing] contains hemp or hemp extracts [that includes food, food additives and herbs for human use, including consumption that has a THC content of not more than three-tenths percent] and is intended to be provided to consumers;
H.
h H.
"hemp manufacturer" means a person that extracts, processes or engages in other manufacturing activities regarding hemp, including manufacturing [intermediate hemp-derived products] hemp extract and hemp finished products;
"hemp manufacturer" means a person that g o extracts, processes or engages in other manufacturing t hr g e activities regarding hemp, including manufacturing i k h r i s [intermediate hemp-derived products ] hemp extract and hemp h , t, finished products;
I.
e u g e b l I.
"hemp producer" means a person that cultivates and harvests hemp and includes a person that cultivates hemp plants for transfer to other hemp producers;
"hemp producer" means a person that cultivates e e h n d d i and harvests hemp and includes a person that cultivates hemp = = o h l ] b ,d i a º e plants for transfer to other hemp producers;
e t 17 [J.
r i = r t e w d [J.
"intermediate hemp-derived product" means oil w l n d 18 and extracts, including cannabidiol, cannabidiolic acid and = = 19 other identified and non-identified compounds derived from a l i a e r 20 hemp] a t m m 21 J.
"intermediate hemp-derived product" means oil m a n o d m :
"hemp retailer" means a person that provides d r e 22 hemp finished products directly to consumers;
b e d s º o t n = .231096.1AIC March 20, 2025 (8:12pm) s k m e - 3 - e a n e d r e l u [ A d HCEDC/HB 346 and extracts, including cannabidiol, cannabidiolic acid and other identified and non-identified compounds derived from hemp] J.
c e s k 23 K.
"hemp retailer" means a person that provides hemp finished products directly to consumers;
"ingestion" means the process of taking food, e a n b 24 drink or another substance into the body by swallowing or u [ absorbing it;
K.
.231096.1 - 3 - HCEDC/HB 346 [K.] L.
"ingestion" means the process of taking food, drink or another substance into the body by swallowing or absorbing it;
[K.] L.
[and] M.
[and ] M.
provided that "semi-synthetic cannabinoid" does not include a cannabinoid produced via decarboxylation of naturally occurring acidic forms of cannabinoids, such as tetrahydrocannabinolic acid, into the corresponding neutral cannabinoid, such as THC, through the use of heat or light without the use of chemical reagents or catalysts and that results in no other chemical change;
provided that "semi-synthetic h cannabinoid" does not include a cannabinoid produced via u » r decarboxylation of naturally occurring acidic forms of t h g e cannabinoids, such as tetrahydrocannabinolic acid, into the l i h r i s corresponding neutral cannabinoid, such as THC, through the use h , e h of heat or light without the use of chemical reagents or t u g e b l catalysts and that results in no other chemical change;
N.
e e , gh n d d i = = o h N.
"synthetic cannabinoid" means a cannabinoid-like compound that was produced by using chemical synthesis, e t 17 chemical modification or chemical conversion;
"synthetic cannabinoid" means a cannabinoid-like l ] b ,d i a º r compound that was produced by using chemical synthesis, e r = t e w d chemical modification or chemical conversion;
provided that w l n d 18 "synthetic cannabinoid" does not include:
provided that m a n o d m :
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= = 19 (1) a compound produced through the a l i a e r 20 decarboxylation of naturally occurring cannabinoids from their a t m m 21 acidic forms;
b r e t º o t n = .231096.1AIC March 20, 2025 (8:12pm) s k m e - 4 - e a n e d r e l u [ A d HCEDC/HB 346 "synthetic cannabinoid" does not include:
or d r e 22 (2) a semi-synthetic cannabinoid;
(1) a compound produced through the decarboxylation of naturally occurring cannabinoids from their acidic forms;
and c e s k 23 [L.] O.
or (2) a semi-synthetic cannabinoid;
"THC" means delta-9-tetrahydrocannabinol as e a n b 24 measured using a post-decarboxylation method and based on u [ percentage dry weight." .231096.1 - 4 - HCEDC/HB 346 SECTION 2.
and [L.] O.
"THC" means delta-9-tetrahydrocannabinol as measured using a post-decarboxylation method and based on percentage dry weight." SECTION 2.
The department of environment shall issue permits pursuant to rules [issued under] adopted in accordance with Subsection C of this section to extract, process or engage in other manufacturing activities regarding hemp, including manufacturing [intermediate hemp-derived products] hemp extract and hemp finished products.
The department of environment shall issue permits pursuant to rules [issued under ] adopted in accordance with Subsection C of this section to extract, process or engage in other manufacturing activities regarding hemp, including h manufacturing [intermediate hemp-derived products ] hemp extract g o and hemp finished products.
B.
t hr g e B.
Except as specified in Subsection I of this section, a person shall not extract, process or engage in other manufacturing activities regarding hemp, including manufacturing [intermediate hemp-derived products] hemp extract and hemp finished products without a permit issued by the department of environment or a license issued pursuant to e t 17 Subsection C of Section 76-24-10 NMSA 1978.
Except as specified in Subsection I of this i k h r i s section, a person shall not extract, process or engage in other h , t, manufacturing activities regarding hemp, including e u g e b l manufacturing [intermediate hemp-derived products ] hemp extract e e h n d d i and hemp finished products without a permit issued by the = = o h l ] b ,d i a º e department of environment or a license issued pursuant to r i = r t e w d Subsection C of Section 76-24-10 NMSA 1978.
w l n d 18 C.
m a n o d m :
Until July 1, 2025, the department of = = 19 environment shall adopt rules that include:
b e d s º o t n = .231096.1AIC March 20, 2025 (8:12pm) s k m e - 5 - e a n e d r e l u [ A d HCEDC/HB 346 C.
a l i a e r 20 (1) procedures for the issuance, denial, a t m m 21 renewal, suspension and revocation of a permit issued by the d r e 22 department of environment to manufacture hemp products, c e s k 23 including permit terms and procedures for appeal of a denial, e a n b 24 suspension or revocation that include notice and opportunity u [ for a hearing;
Until July 1, 2025, the department of environment shall adopt rules that include:
.231096.1 - 5 - HCEDC/HB 346 (2) qualifications for permitting that include health, sanitation, safety and security;
(1) procedures for the issuance, denial, renewal, suspension and revocation of a permit issued by the department of environment to manufacture hemp products, including permit terms and procedures for appeal of a denial, suspension or revocation that include notice and opportunity for a hearing;
(2) qualifications for permitting that include health, sanitation, safety and security;
(4) requiring, and providing a process for, the use or disposal of [hemp-derived material] hemp extract and hemp finished products containing THC levels of more than three-tenths percent;
(4) requiring, and providing a process for, the use or disposal of [hemp-derived material ] hemp extract and hemp finished products containing THC levels of more than three-tenths percent;
and (5) fees not to exceed the lesser of one thousand dollars ($1,000) or the cost of administration of a permit issued pursuant to this section.
and h (5) fees not to exceed the lesser of one g o thousand dollars ($1,000) or the cost of administration of a t hr g e i k permit issued pursuant to this section.
D.
h r i s D.
Beginning July 1, 2025, the environmental improvement board shall assume rulemaking authority over the Hemp Manufacturing Act.
Beginning July 1, 2025, the environmental h , t, improvement board shall assume rulemaking authority over the e u g e b l e e h Hemp Manufacturing Act.
The board shall adopt rules in accordance with the provisions of Subsection C of this section.
The board shall adopt rules in n d d i = = o h accordance with the provisions of Subsection C of this section.
Rules adopted prior to July 1, 2025 by the department of e t 17 environment shall remain in effect until the environmental w l n d 18 improvement board amends or repeals those rules.
l ] b ,d i a º e Rules adopted prior to July 1, 2025 by the department of r i = r t e w d environment shall remain in effect until the environmental m a n o d m :
= = 19 [D.] E.
b e d s º o t n = .231096.1AIC March 20, 2025 (8:12pm) s k m e - 6 - e a n e d r e l u [ A d HCEDC/HB 346 improvement board amends or repeals those rules.
A hemp manufacturer that produces a l i a e r 20 [intermediate hemp-derived products] hemp extract or hemp a t m m 21 finished products intended for human consumption by [eating or d r e 22 drinking] ingestion are subject to the provisions of the Food c e s k 23 Service Sanitation Act and the New Mexico Food Act.
[D.] E.
e a n b 24 [E.] F.
A hemp manufacturer that produces [intermediate hemp-derived products ] hemp extract or hemp finished products intended for human consumption by [eating or drinking] ingestion are subject to the provisions of the Food Service Sanitation Act and the New Mexico Food Act.
Hemp finished products produced by a hemp u [ manufacturer holding a permit issued pursuant to this section .231096.1 - 6 - HCEDC/HB 346 shall not be deemed adulterated as that term is used in the Food Service Sanitation Act and the New Mexico Food Act.
[E.
[F.] G.
] F.
Hemp finished products produced by a hemp manufacturer holding a permit issued pursuant to this section shall not be deemed adulterated as that term is used in the Food Service Sanitation Act and the New Mexico Food Act.
[F.
] G.
[G.] H.
[G.
] H.
A person engaged in the manufacturing or use of hemp seed or hemp seed derivatives for products intended for human food is not subject to the provisions of this section, but shall be subject to the provisions of the Food Service Sanitation Act and the New Mexico Food Act.
A person engaged in the manufacturing or use of h hemp seed or hemp seed derivatives for products intended for g o human food is not subject to the provisions of this section, t hr g e but shall be subject to the provisions of the Food Service i k h r i s Sanitation Act and the New Mexico Food Act.
J.
h , t, J.
Hemp finished products manufactured pursuant to this section shall not have a THC concentration of more than three-tenths percent or a concentration allowed by federal law, whichever is greater.
Hemp finished products manufactured pursuant to e u g e b l this section shall not have a THC concentration of more than e e h n d d i three-tenths percent or a concentration allowed by federal law, = = o h l ] b ,d i a º e whichever is greater.
e t 17 K.
r i = r t e w d SJCºK.
A hemp manufacturer shall not receive, possess, w l n d 18 offer, advertise, market or sell products containing semi- = = 19 synthetic cannabinoids or synthetic cannabinoids." a l i a e r 20 SECTION 3.
Notwithstanding other provisions in the Hemp m a n o d m :
Section 76-24-9 NMSA 1978 (being Laws 2019, a t m m 21 Chapter 116, Section 7) is amended to read:
b e d s º o t n = .231096.1AIC March 20, 2025 (8:12pm) s k m e - 7 - e a n e d r e l u [ A d HCEDC/HB 346 Manufacturing Act, hemp manufacturers may hold, transport or use as an ingredient hemp-derived materials, including oil, extract, concentrate or other substance, including non- intoxicating synthetic cannabinoids or non-intoxicating semi- synthetic cannabinoids that have a total THC concentration above three-tenths percent, so long as such hemp- derived materials are not for consumer use or retail distribution and will undergo further refinement or processing into a hemp finished product.»SJC SJCº K.»SJC SJCºL.»SJC A hemp manufacturer shall not SJCºreceive, possess,»SJC offer, advertise, market or sell SJCºconsumer»SJC products containing semi-synthetic cannabinoids or synthetic cannabinoids." SECTION 3.
d r e 22 "76-24-9.
Section 76-24-9 NMSA 1978 (being Laws 2019, Chapter 116, Section 7) is amended to read:
TRANSPORTING HEMP, [AND HEMP-DERIVED MATERIALS] c e s k 23 HEMP EXTRACT OR HEMP FINISHED PRODUCTS--MANIFEST--RULES-- e a n b 24 REQUIREMENTS.-- u [ A.
"76-24-9.
A person shall not transport hemp unless during .231096.1 - 7 - HCEDC/HB 346 such transportation the person has in the person's immediate possession a harvest certificate for that hemp provided by the licensed grower.
TRANSPORTING HEMP, [AND HEMP-DERIVED MATERIALS] h g HEMP EXTRACT OR HEMP FINISHED PRODUCTS --MANIFEST--RULES-- o t hr REQUIREMENTS.-- g e i k A.
B.
A person shall not transport hemp unless during h r i s such transportation the person has in the person's immediate h , t, e u g possession a harvest certificate for that hemp provided by the e b l e e h licensed grower.
A person shall not transport [hemp-derived materials] hemp extract unless during such transportation the person has in the person's immediate possession a manifest issued by a person licensed pursuant to the Hemp Manufacturing Act or other applicable law.
n d d i = = o h B.
A person shall not transport [hemp-derived l ] b ,d i a º e r i = r materials] hemp extract unless during such transportation the t e w d m a n o person has in the person's immediate possession a manifest d m :
b e d s º o t n = .231096.1AIC March 20, 2025 (8:12pm) s k m e - 8 - e a n e d r e l u [ A d HCEDC/HB 346 issued by a person licensed pursuant to the Hemp Manufacturing Act or other applicable law.
The department of environment shall establish a manifest system and any other reasonable means necessary to ensure that [hemp-derived materials] hemp extract originating from a person permitted pursuant to Section [6 of the Hemp Manufacturing Act are] 76-24-8 NMSA 1978 is identifiable during transport and that the [materials are] hemp extract is transported only between persons licensed, permitted or otherwise authorized to possess [hemp-derived materials] hemp e t 17 extract pursuant to the Hemp Manufacturing Act or other w l n d 18 applicable law.
The department of environment shall establish a manifest system and any other reasonable means necessary to ensure that [hemp-derived materials ] hemp extract originating from a person permitted pursuant to Section [6 of the Hemp Manufacturing Act are] 76-24-8 NMSA 1978 is identifiable during transport and that the [materials are ] hemp extract is transported only between persons licensed, permitted or otherwise authorized to possess [hemp-derived materials ] hemp extract pursuant to the Hemp Manufacturing Act or other applicable law.
= = 19 D.
D.
[A person that transports hemp-derived materials a l i a e r 20 or food additive hemp finished products intended for human a t m m 21 consumption by eating or drinking] Except for a person who d r e 22 transports hemp finished products for personal use, the c e s k 23 transportation of hemp extract or hemp finished products e a n b 24 intended for human ingestion shall be subject to the provisions u [ of the Food Service Sanitation Act and the New Mexico Food Act.
[A person that transports hemp-derived materials or food additive hemp finished products intended for human consumption by eating or drinking] Except for a person who transports hemp finished products for personal use, the h transportation of hemp extract or hemp finished products g o intended for human ingestion shall be subject to the provisions t hr g e of the Food Service Sanitation Act and the New Mexico Food Act.
.231096.1 - 8 - HCEDC/HB 346 E.
i k h r i s E.
Transporting hemp [or hemp-derived material] without a harvest certificate shall constitute a petty misdemeanor, punishable by a fine of up to five hundred dollars ($500).
Transporting hemp [or hemp-derived material ] h , t, without a harvest certificate shall constitute a petty e u g e b l misdemeanor, punishable by a fine of up to five hundred dollars e e h n d d i ($500).
F.
= = o h l ] b ,d i a º e F.
Product in excess of eight ounces that has the appearance of hemp and is in the possession of a person suspected of violating the provisions of Subsection E of this section may be seized by a law enforcement agency until such time as the agency is able to identify the product, in cooperation with the department of environment or the New Mexico department of agriculture, but for no longer than five days.
Product in excess of eight ounces that has the r i = r t e w d appearance of hemp and is in the possession of a person m a n o d m :
b e d s º o t n = .231096.1AIC March 20, 2025 (8:12pm) s k m e - 9 - e a n e d r e l u [ A d HCEDC/HB 346 suspected of violating the provisions of Subsection E of this section may be seized by a law enforcement agency until such time as the agency is able to identify the product, in cooperation with the department of environment or the New Mexico department of agriculture, but for no longer than five days.
As used in this section, "harvest certificate" means a certificate, license, permit or other document pursuant to rules adopted under the Hemp Manufacturing Act for use during transportation of hemp [or hemp-derived material] e t 17 whether in the possession of a person or electronically w l n d 18 verified by a law enforcement agency." = = 19 SECTION 4.
As used in this section, "harvest certificate" means a certificate, license, permit or other document pursuant to rules adopted under the Hemp Manufacturing Act for use during transportation of hemp [or hemp-derived material ] whether in the possession of a person or electronically verified by a law enforcement agency." SECTION 4.
Section 76-24-10 NMSA 1978 (being Laws 2019, a l i a e r 20 Chapter 116, Section 8) is amended to read:
Section 76-24-10 NMSA 1978 (being Laws 2019, Chapter 116, Section 8) is amended to read:
a t m m 21 "76-24-10.
"76-24-10.
INDIAN NATIONS, TRIBES AND PUEBLOS--NO STATE d r e 22 REGULATION--COOPERATIVE OR JOINT POWERS AGREEMENTS--RECOGNITION c e s k 23 OF TRIBALLY ISSUED LICENSES.-- e a n b 24 A.
INDIAN NATIONS, TRIBES AND PUEBLOS--NO STATE REGULATION--COOPERATIVE OR JOINT POWERS AGREEMENTS--RECOGNITION h OF TRIBALLY ISSUED LICENSES.-- u » r A.
The state acknowledges that federally recognized u [ Indian nations, tribes and pueblos located wholly or partially .231096.1 - 9 - HCEDC/HB 346 within New Mexico may, pursuant to Section 10113 of the federal Agriculture Improvement Act of 2018, and as a matter of their inherent tribal sovereignty, develop their own plans for the regulation of the production of hemp on their own tribal lands, and that those plans shall be developed in compliance with the federal Agriculture Improvement Act of 2018.
The state acknowledges that federally recognized t h g e Indian nations, tribes and pueblos located wholly or partially l i h r i s within New Mexico may, pursuant to Section 10113 of the federal h , e h Agriculture Improvement Act of 2018, and as a matter of their t u g e b l inherent tribal sovereignty, develop their own plans for the e e , gh n d d i = = o h regulation of the production of hemp on their own tribal lands, l ] b ,d i a º r and that those plans shall be developed in compliance with the e r = t e w d federal Agriculture Improvement Act of 2018.
B.
m a n o d m :
The New Mexico department of agriculture and the department of environment may enter into cooperative agreements or joint powers agreements with federally recognized Indian nations, tribes and pueblos located wholly or partially within New Mexico that seek the state's assistance in developing hemp production plans that are acceptable to the director of the New Mexico department of agriculture and the department of environment, or in the regulation of hemp production on tribal lands, or in the testing of hemp plants for THC, or the transportation of hemp or [hemp-derived material] hemp extract;
b r e t º o t n = .231096.1AIC March 20, 2025 (8:12pm) s k m e - 10 - e a n e d r e l u [ A d HCEDC/HB 346 B.
e t 17 provided that no such agreement shall purport to give the state w l n d 18 any jurisdiction over any such activities or material on tribal = = 19 lands.
The New Mexico department of agriculture and the department of environment may enter into cooperative agreements or joint powers agreements with federally recognized Indian nations, tribes and pueblos located wholly or partially within New Mexico that seek the state's assistance in developing hemp production plans that are acceptable to the director of the New Mexico department of agriculture and the department of environment, or in the regulation of hemp production on tribal lands, or in the testing of hemp plants for THC, or the transportation of hemp or [hemp-derived material ] hemp extract;
a l i a e r 20 C.
provided that no such agreement shall purport to give the state any jurisdiction over any such activities or material on tribal lands.
A cooperative agreement or joint powers a t m m 21 agreement may include provisions recognizing a tribally issued d r e 22 license that authorizes manufacturing on tribal lands, c e s k 23 including the extraction, processing or engaging in other e a n b 24 manufacturing activities regarding hemp, including u [ manufacturing [intermediate hemp-derived products] hemp extract .231096.1 - 10 - HCEDC/HB 346 and hemp finished products under Section [6 of the Hemp Manufacturing Act] 76-24-8 NMSA 1978." SECTION 5.
C.
A new section of the Hemp Manufacturing Act is enacted to read:
A cooperative agreement or joint powers agreement may include provisions recognizing a tribally issued license that authorizes manufacturing on tribal lands, including the extraction, processing or engaging in other h u » r manufacturing activities regarding hemp, including t h g e manufacturing [intermediate hemp-derived products ] hemp extract l i h r and hemp finished products under Section [6 of the Hemp i s h , e h Manufacturing Act] 76-24-8 NMSA 1978." t u g e b l SECTION 5.
"[NEW MATERIAL] HEMP RETAILERS--RULES--REQUIREMENTS.-- A.
A new section of the Hemp Manufacturing Act is e e , gh n d d i enacted to read:
Until July 1, 2025, the department of environment shall adopt rules for hemp retailers that include:
= = o h l ] b ,d i a º r "[NEW MATERIAL] HEMP RETAILERS--RULES--REQUIREMENTS.-- e r = t e w d A.
Until July 1, 2025, the department of m a n o d m :
b r e t º o t n = .231096.1AIC March 20, 2025 (8:12pm) s k m e - 11 - e a n e d r e l u [ A d HCEDC/HB 346 environment shall adopt rules for hemp retailers that include:
and (6) procedures for appeal that include a e t 17 notice of opportunity for a hearing in response to enforcement w l n d 18 actions taken by the department of environment.
and (6) procedures for appeal that include a notice of opportunity for a hearing in response to enforcement actions taken by the department of environment.
= = 19 B.
B.
Beginning July 1, 2025, the environmental a l i a e r 20 improvement board shall assume rulemaking authority over hemp a t m m 21 retailers.
Beginning July 1, 2025, the environmental improvement board shall assume rulemaking authority over hemp retailers.
The board shall adopt rules in accordance with the d r e 22 provisions of Subsection A of this section.
The board shall adopt rules in accordance with the provisions of Subsection A of this section.
Rules adopted c e s k 23 prior to July 1, 2025 by the department of environment shall e a n b 24 remain in effect until the environmental improvement board u [ amends or repeals those rules.
Rules adopted h prior to July 1, 2025 by the department of environment shall g o remain in effect until the environmental improvement board t hr g e i k amends or repeals those rules.
.231096.1 - 11 - HCEDC/HB 346 C.
h r i s C.
Hemp retailers shall not receive, possess, offer, advertise, market or sell hemp finished products that have a THC concentration of more than three-tenths percent or a concentration allowed by federal law, whichever is greater, or hemp finished products containing semi-synthetic cannabinoids or synthetic cannabinoids.
Hemp retailers shall not receive, possess, h , t, offer, advertise, market or sell hemp finished products that e u g e b l e e h have a THC concentration of more than three-tenths percent or a n d d i = = o h concentration allowed by federal law, whichever is greater, or l ] b ,d i a º e hemp finished products containing semi-synthetic cannabinoids r i = r t e w d or synthetic cannabinoids.
D.
m a n o d m :
b e d s º o t n = .231096.1AIC March 20, 2025 (8:12pm) s k m e - 12 - e a n e d r e l u [ A d HCEDC/HB 346 D.
"[NEW MATERIAL] PENALTY.-- A.
"[NEW MATERIAL ] PENALTY.-- A.
A person who violates a provision of the Hemp Manufacturing Act or a rule of the department of environment or the environmental improvement board is guilty of a petty misdemeanor and shall be sentenced as provided in Section e t 17 31-19-1 NMSA 1978.
A person who violates a provision of the Hemp Manufacturing Act or a rule of the department of environment or the environmental improvement board is guilty of a petty misdemeanor and shall be sentenced as provided in Section 31-19-1 NMSA 1978.
w l n d 18 B.
B.
In addition, whenever on the basis of any = = 19 information the department of environment determines that a a l i a e r 20 person has violated, is violating or threatens to violate any a t m m 21 provision of Section 76-24-8 or 76-24-9 NMSA 1978 or Section 5 d r e 22 of this 2025 act or rules or permit conditions adopted in c e s k 23 accordance with those sections, the department may:
In addition, whenever on the basis of any information the department of environment determines that a person has violated, is violating or threatens to violate any provision of Section 76-24-8 or 76-24-9 NMSA 1978 or Section 5 of this 2025 act or rules or permit conditions adopted in h accordance with those sections, the department may:
e a n b 24 (1) issue a compliance order that states with u [ reasonable specificity the nature of the violation or .231096.1 - 12 - HCEDC/HB 346 threatened violation, that requires compliance immediately or within a specified time period and that assesses a civil penalty for any past or current violation, or both;
g o (1) issue a compliance order that states with t hr g e reasonable specificity the nature of the violation or i k h r i s threatened violation, that requires compliance immediately or h , t, within a specified time period and that assesses a civil e u g e b l penalty for any past or current violation, or both;
or (2) commence a civil action in district court for appropriate relief, including a temporary or permanent injunction.
or e e h n d d i (2) commence a civil action in district court = = o h l ] b ,d i a º e for appropriate relief, including a temporary or permanent r i = r t e w d injunction.
C.
m a n o d m :
b e d s º o t n = .231096.1AIC March 20, 2025 (8:12pm) s k m e - 13 - e a n e d r e l u [ A d HCEDC/HB 346 C.
- 13 - 15 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .231096.1
- 14 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , gh n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :
b r e t º o t n = .231096.1AIC March 20, 2025 (8:12pm) s k m e e a n e d r e l u [ A d
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Action History

  1. action postponed indefinitely

  2. passed Senate

  3. DO PASS, as amended, committee report adopted

  4. passed House

  5. Sent to Senate Judiciary Committee

  6. DO PASS committee report adopted

  7. DO NOT PASS, replaced with committee substitute

  8. Sent to House Commerce & Economic Development Committee & House Judiciary Committee

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 110 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (110)

110 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety agriculture
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Frequently asked questions

Who sponsors HB 346?
HB 346 is sponsored by Derrick J. Lente (Democrat) and Andrea Romero (Democrat).
What is the current status of HB 346?
This bill died with 2025 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 346?
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