New Mexico 2020 Regular Session Status: In Committee 1 D cosponsors

HB 334 — CANNABIS RESEARCH ACT

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

This bill died with 2020 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

940 added · 774 removed

Plain-language change summary

The amendments to House Bill 334 focus on the regulation of cannabis for research purposes. Key changes include the removal of specific mentions of penalties, which may streamline the legislation and lessen the emphasis on punitive measures. This matters because it suggests a shift towards a more supportive framework for cannabis research rather than a punitive approach, reflecting a broader acceptance and recognition of the benefits of studying cannabis products.

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HOUSE BILL 334 54 TH LEGISLATURE- STATE OF NEW MEXICO - SECOND SESSION , 2020 INTRODUCED BY Javier Martínez 6 8 10 AN ACT RELATING TO CONTROLLED SUBSTANCES;
HOUSE BILL 334 54TH LEGISLATURE - STATEOFNEWMEXICO- SECOND SESSION , 2020 INTRODUCED BY Javier Martínez This document incorporates amendments that have been adopted during the current legislative session.
CREATING THE CANNABIS RESEARCH ACT;
The document is a tool to show the amendments in context and is not to be used for the purpose of amendments.
ALLOWING AND REGULATING THE PRODUCTION, TESTING, MANUFACTURING AND TRANSPORT OF CANNABIS AND CANNABIS PRODUCTS FOR RESEARCH PURPOSES;
AN ACT RELATING TO CONTROLLED SUBSTANCES;
CREATING THE CANNABIS CONTROL DIVISION IN THE REGULATION AND LICENSING DEPARTMENT AND PROVIDING POWERS AND DUTIES;
CREATING THE CANNABIS h RESEARCH ACT;
ALLOWING AND REGULATING THE PRODUCTION, TESTING, g o MANUFACTURING AND TRANSPORT OF CANNABIS AND CANNABIS PRODUCTS t hr g e i k FOR RESEARCH PURPOSES;
CREATING THE CANNABIS CONTROL DIVISION h r i s IN THE REGULATION AND LICENSING DEPARTMENT AND PROVIDING POWERS h , t, AND DUTIES;
e t 17 CREATING EXEMPTIONS FROM PROSECUTION UNDER THE CONTROLLED w l n d 18 SUBSTANCES ACT;
e u g e b l e e h CREATING EXEMPTIONS FROM PROSECUTION UNDER THE CONTROLLED n d d i = = o h SUBSTANCES ACT;
PROVIDING = = 19 PENALTIES.
PROVIDING l ] b ,d i a º e PENALTIES.
a l i a e r 20 a t m m 21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
r i = r t e w d m a n o d m :
d r e 22 SECTION 1.
b .216619.2AIC February 10, 2020 (9:36am) e d s º o t n = s k m e e a n e d r e l u [ A d BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
[NEW MATERIAL ] SHORT TITLE.--Sections 1 c e s k 23 through 11 of this act may be cited as the "Cannabis Research e a n b 24 Act".
SECTION 1.
u [ SECTION 2.
[NEW MATERIAL ] SHORT TITLE.--Sections 1 through HCEDCº 11»HCEDC HCEDCº10»HCEDC of this act may be cited as the "Cannabis Research Act".
[NEW MATERIAL] DEFINITIONS.--As used in the .216619.2 Cannabis Research Act:
SECTION 2.
[NEW MATERIAL] DEFINITIONS.--As used in the Cannabis Research Act:
(1) means all parts of the plant genus Cannabis containing a delta-9-tetrahydrocannabinol concentration of more than three-tenths percent as measured using a post-carboxylation method and based on percentage dry weight, whether growing or not;
(1) means all parts of the plant genus Cannabis containing a delta-9-tetrahydrocannabinol concentration of more than three-tenths percent as measured using a HCEDCº post-carboxylation»HCEDC HCEDCºpost- decarboxylation»HCEDC method and based on percentage dry weight, whether growing or not;
(a) the mature stalks of the plant;
h g (a) the mature stalks of the plant;
fiber produced from the stalks;
o t hr fiber produced from the stalks;
oil or cake made from the seeds of the plant;
oil or cake made from the seeds g e i k of the plant;
any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake;
any other compound, manufacture, salt, h r i s h derivative, mixture or preparation of the mature stalks, fiber, , t, e u g oil or cake;
or the sterilized seed of the plant that is e e 17 incapable of germination;
or the sterilized seed of the plant that is e b l e e h incapable of germination;
or e e n d 18 (b) the weight of any other ingredient = = l ] 19 combined with cannabis to prepare topical or oral a l r i 20 administrations, food, drink or another product;
or n d d i = = o h (b) the weight of any other ingredient l ] b ,d i a º e r i = r combined with cannabis to prepare topical or oral t e w d m a n o d m :
t e a t B.
b .216619.2AIC February 10, 2020 (9:36am) e d s º o t n = s k m e - 2 - e a n e d r e l u [ A d administrations, food, drink or another product;
"cannabis extract" means a product obtained by m m 21 e d r e 22 separating resins from cannabis by solvent extraction using c e r c 23 solvents other than vegetable glycerin, such as butane, hexane, e a n b 24 isopropyl alcohol, ethanol or carbon dioxide;
B.
u [ C.
"cannabis extract" means a product obtained by separating resins from cannabis by solvent extraction using solvents other than vegetable glycerin, such as butane, hexane, isopropyl alcohol, ethanol or carbon dioxide;
"cannabis product" means a product that contains .216619.2 - 2 - cannabis or cannabis extracts, including edible or topical products that may also contain other ingredients;
C.
"cannabis product" means a product that contains cannabis or cannabis extracts, including edible or topical products that may also contain other ingredients;
"cannabis research laboratory" means a facility, including a post-secondary educational institution, that is licensed by the division to produce cannabis, manufacture cannabis products or possess or transport cannabis or cannabis products from a person authorized to sell cannabis or cannabis products pursuant to state law for the purpose of studying and researching cannabis production or the characteristics, uses and safety of cannabis, cannabinoids, other components of cannabis or cannabis products;
"cannabis research laboratory" means a facility, including a post-secondary educational institution, that is licensed by the division to produce cannabis, manufacture cannabis products or possess or transport cannabis or cannabis products from a person authorized to sell cannabis or cannabis products pursuant to state law for the purpose of studying and researching cannabis production or the characteristics, uses and safety of cannabis, cannabinoids, other components of h cannabis or cannabis products;
E.
u » r E.
"department" means the regulation and licensing department;
"department" means the regulation and licensing t h g e l i department;
F.
h r i s F.
G.
h , e h G.
"division" means the cannabis control division of the department;
"division" means the cannabis control division t u g e b l e e , gh of the department;
e e 17 H.
n d d i = = o h H.
"licensee" means a person or post-secondary e e n d 18 educational institution licensed pursuant to the Cannabis = = l ] 19 Research Act;
"licensee" means a person or post-secondary l ] b ,d i a º r educational institution licensed pursuant to the Cannabis e r = t e w d m a n o d m :
a l r i 20 I.
b .216619.2AIC February 10, 2020 (9:36am) r e t º o t n = s k m e - 3 - e a n e d r e l u [ A d Research Act;
"licensee representative" means an owner, t e a t director, officer, manager, employee, agent, post-secondary m m 21 e d r e 22 educational institution staff or other representative of a c e r c 23 licensee, to the extent that person acts in a representative e a n b 24 capacity;
I.
u [ J.
"licensee representative" means an owner, director, officer, manager, employee, agent, post-secondary educational institution staff or other representative of a licensee, to the extent that person acts in a representative capacity;
"local jurisdiction" means a municipality, a .216619.2 - 3 - home rule municipality or a county;
J.
"local jurisdiction" means a municipality, a home rule municipality or a county;
SECTION 3.
h SECTION 3.
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[NEW MATERIAL ] CANNABIS CONTROL DIVISION-- DUTIES--RULEMAKING--LICENSING.-- A.
[NEW MATERIAL ] CANNABIS CONTROL DIVISION-- g o t hr DUTIES--RULEMAKING--LICENSING.-- g e i k A.
The "cannabis control division" is created in the regulation and licensing department.
The "cannabis control division" is created in h r i s the regulation and licensing department.
B.
h , t, B.
The division shall regulate and administer and may set and collect fees and civil monetary penalties in connection with the administration of the Cannabis Research e e 17 Act;
The division shall regulate and administer and e u g e b l e e h may set and collect fees and civil monetary penalties in n d d i = = o h connection with the administration of the Cannabis Research l ] b ,d i a º e Act;
provided that the division shall not impose a fee or e e n d 18 monetary penalty on a post-secondary educational institution.
provided that the division shall not impose a fee or r i = r t e w d m a n o d m :
= = l ] 19 C.
b .216619.2AIC February 10, 2020 (9:36am) e d s º o t n = s k m e - 4 - e a n e d r e l u [ A d monetary penalty on a post-secondary educational institution.
Not later than January 1, 2021, the division a l r i 20 shall promulgate rules necessary for the division to carry out t e a t its duties as provided in the Cannabis Research Act, including:
C.
m m 21 e d r e 22 (1) procedures for the issuance, renewal, c e r c 23 suspension and revocation of a cannabis research laboratory e a n b 24 license;
Not later than January 1, 2021, the division shall promulgate rules necessary for the division to carry out its duties as provided in the Cannabis Research Act, including:
u [ (2) the amounts of fees;
(1) procedures for the issuance, renewal, suspension and revocation of a cannabis research laboratory license;
provided that the .216619.2 - 4 - fees shall not exceed the cost of administering and enforcing the Cannabis Research Act;
(2) the amounts of fees;
provided that the fees shall not exceed the cost of administering and enforcing the Cannabis Research Act;
and (5) requirements related to:
HCEDCº and»HCEDC h (5) requirements related to:
(a) inspection and monitoring of a cannabis research laboratory;
g o t hr (a) inspection and monitoring of a g e i k cannabis research laboratory;
and (b) a cannabis research laboratory's recordkeeping and tracking of cannabis from seed through use or sale as permitted by state or federal law.
HCEDCº and»HCEDC h r i s (b) a cannabis research laboratory's h , t, recordkeeping and tracking of cannabis from seed through use or e u g e b l e e h sale as permitted by state or federal law HCEDCº .»HCEDC n d d i = = o h HCEDCº;
D.
and»HCEDC l ] b ,d i a º e HCEDCº(c) accreditation as the division r i = r t e w d m a n o d m :
The division shall deposit all fees collected pursuant to the Cannabis Research Act in the cannabis research e e 17 regulation fund.
b .216619.2AIC February 10, 2020 (9:36am) e d s º o t n = s k m e - 5 - e a n e d r e l u [ A d deems appropriate;
e e n d 18 E.
and (6) rules that require that a cannabis research laboratory facility include a structure that is designed to enable year-round plant growth and equipped to recycle carbon dioxide expelled in exhaust gases generated by natural gas boilers for use by growing crops.»HCEDC D.
The division shall deny an application for a = = l ] 19 license or renewal if:
The division shall deposit all fees collected pursuant to the Cannabis Research Act in the cannabis research regulation fund.
a l r i 20 (1) the applicant's application does not t e a t include all information required by the division;
E.
m m 21 e d r e 22 (2) the applicant does not demonstrate:
The division shall deny an application for a license or renewal if:
c e r c 23 (a) continuous residency in New Mexico e a n b 24 for at least two years prior to the date on which the person u [ submits a license application, or if an applicant is an entity, .216619.2 - 5 - that all persons owning at least a ten percent interest in the entity are continuous residents in New Mexico for at least two years prior to the date on which the entity submits its license application;
(1) the applicant's application does not include all information required by the division;
or (b) that the person currently owns, and has owned for at least two years prior to the date on which the applicant submits the application, a structure located in the state that is designed to enable year-round plant growth and equipped to recycle carbon dioxide expelled in exhaust gases generated by natural gas boilers for use by growing crops;
HCEDCº or»HCEDC HCEDCº(2) the applicant does not demonstrate:
(a) continuous residency in New h Mexico for at least two years prior to the date on which the u » r person submits a license application, or if an applicant is an t h g e l i entity,»HCEDC HCEDCºthat all persons owning at least a ten h r i s percent interest in the entity are continuous residents in New h , e h t u g Mexico for at least two years prior to the date on which the e b l e e , gh entity submits its license application;
or n d d i = = o h (b) that the person currently owns, and l ] b ,d i a º r e r = has owned for at least two years prior to the date on which the t e w d m a n o d m :
b .216619.2AIC February 10, 2020 (9:36am) r e t º o t n = s k m e - 6 - e a n e d r e l u [ A d applicant submits the application, a structure located in the state that is designed to enable year-round plant growth and equipped to recycle carbon dioxide expelled in exhaust gases generated by natural gas boilers for use by growing crops;
or (3) the applicant or a person owning at least a ten percent interest in the applicant's entity has been convicted of an offense that is substantially related to the qualifications, functions or duties of the applicant entity's e e 17 business.
or»HCEDC HCEDCº(3)»HCEDC HCEDCº(2)»HCEDC the applicant or a person owning at least a ten percent interest in the applicant's entity has been convicted of an offense that is substantially related to the qualifications, functions or duties of the applicant entity's business.
e e n d 18 F.
F.
= = l ] 19 (1) the following are considered substantially a l r i 20 related to the qualifications, functions or duties of a person t e a t seeking a license:
(1) the following are considered substantially related to the qualifications, functions or duties of a person seeking a license:
m m 21 e d r e 22 (a) a felony conviction involving fraud, c e r c 23 deceit or embezzlement;
(a) a felony conviction involving fraud, h deceit or embezzlement;
e a n b 24 (b) a felony conviction for hiring, u [ employing or otherwise using a person younger than eighteen .216619.2 - 6 - years of age to:
u » r (b) a felony conviction for hiring, t h g e l i employing or otherwise using a person younger than eighteen h r i s years of age to:
1) prepare for sale, transport or carry a controlled substance;
1) prepare for sale, transport or carry a h , e h controlled substance;
or 2) sell, give away or offer to sell a controlled substance to any person;
or 2) sell, give away or offer to sell a t u g e b l e e , gh controlled substance to any person;
and (c) any other offense as determined by the division, except as provided in Paragraph (2) of this subsection;
and n d d i = = o h (c) any other offense as determined by l ] b ,d i a º r the division, except as provided in Paragraph (2) of this e r = t e w d m a n o d m :
b .216619.2AIC February 10, 2020 (9:36am) r e t º o t n = s k m e - 7 - e a n e d r e l u [ A d subsection;
G.
HCEDCº G.
A person may demonstrate continuous residency by providing to the division the following indicating at least two e e 17 years residency in the state:
A person may demonstrate continuous residency by providing to the division the following indicating at least two years residency in the state:
e e n d 18 (1) a current license, permit or = = l ] 19 identification card issued by the motor vehicle division of the a l r i 20 taxation and revenue department;
(1) a current license, permit or identification card issued by the motor vehicle division of the taxation and revenue department;
t e a t (2) proof of voter registration;
(2) proof of voter registration;
m m 21 e d r e 22 (3) evidence that the person has a voluntary, c e r c 23 principal or primary place of abode of self in the state to e a n b 24 which the person, whenever absent, has the bona fide intention u [ of returning, regardless of the duration of absence.
h (3) evidence that the person has a voluntary, u » r principal or primary place of abode of self in the state to t h g e l i which the person, whenever absent, has the bona fide intention h r i s of returning, regardless of the duration of absence.
In .216619.2 - 7 - determining what is a principal or primary place of abode of a person, the following circumstances relating to the person may be considered:
In h , e h t u g determining what is a principal or primary place of abode of a e b l e e , gh person, the following circumstances relating to the person may n d d i = = o h be considered:
business pursuits, employment, income sources, marital status, residence of parents, spouse and children, if any, leaseholds, situs of personal and real property or motor vehicle registration;
business pursuits, employment, income sources, l ] b ,d i a º r e r = marital status, residence of parents, spouse and children, if t e w d m a n o d m :
or (4) other reasonable evidence as determined by the division.
b .216619.2AIC February 10, 2020 (9:36am) r e t º o t n = s k m e - 8 - e a n e d r e l u [ A d any, leaseholds, situs of personal and real property or motor vehicle registration;
H.
or (4) other reasonable evidence as determined by the division.»HCEDC HCEDCºH»HCEDC HCEDCºG»HCEDC.
Failure to file the request within the specified time is an irrevocable waiver of the right to a hearing, and the action complained of shall be final with no e e 17 further right to review, either administratively or by a court.
Failure to file the request within the specified time is an irrevocable waiver of the right to a hearing, and the action complained of shall be final with no further right to review, either administratively or by a court.
e e n d 18 Hearings shall be conducted in accordance with the provisions = = l ] 19 of the Uniform Licensing Act.
Hearings shall be conducted in accordance with the provisions of the Uniform Licensing Act.
a l r i 20 I.
HCEDCº I»HCEDC HCEDCºH»HCEDC.
The provisions of Subsections E through G of t e a t this section do not apply to a post-secondary educational m m 21 e d r e 22 institution licensed pursuant to the Cannabis Research Act.
The provisions of h Subsections HCEDCºE through G»HCEDC HCEDCºE and F»HCEDC of g o t hr this section do not apply to a post-secondary educational g e i k institution licensed pursuant to the Cannabis Research Act.
c e r c 23 SECTION 4.
h r i s SECTION 4.
[NEW MATERIAL ] LICENSEES--SANCTIONS--CIVIL e a n b 24 PENALTY.-- u [ A.
[NEW MATERIAL ] LICENSEES--SANCTIONS--CIVIL h , t, e u g PENALTY.-- e b l e e h A.
Any violation of a provision of the Cannabis .216619.2 - 8 - Research Act or a rule adopted by the division by a licensee is grounds for disciplinary action.
Any violation of a provision of the Cannabis n d d i = = o h Research Act or a rule adopted by the division by a licensee is l ] b ,d i a º e r i = r grounds for disciplinary action.
(1) suspend or revoke a license;
t e w d m a n o d m :
b .216619.2AIC February 10, 2020 (9:36am) e d s º o t n = s k m e - 9 - e a n e d r e l u [ A d (1) suspend or revoke a license;
e e 17 C.
C.
A licensee is liable for the reasonable costs of e e n d 18 a directed plan of correction.
A licensee is liable for the reasonable costs of a directed plan of correction.
= = l ] 19 D.
h D.
The provisions of this section do not apply to a a l r i 20 post-secondary educational institution licensed pursuant to the t e a t Cannabis Research Act;
The provisions of this section do not apply to a g o t hr post-secondary educational institution licensed pursuant to the g e i k Cannabis Research Act;
provided that the division may suspend m m 21 e d r e 22 or revoke the license of a post-secondary educational c e r c 23 institution for any violation of a provision of the Cannabis e a n b 24 Research Act or a rule adopted by the division.
provided that the division may suspend h r i s or revoke the license of a post-secondary educational h , t, institution for any violation of a provision of the Cannabis e u g e b l e e h Research Act or a rule adopted by the division.
u [ SECTION 5.
n d d i = = o h SECTION 5.
[NEW MATERIAL ] LOCAL CONTROL.-- .216619.2 - 9 - A.
[NEW MATERIAL ] LOCAL CONTROL.-- l ] b ,d i a º e A.
A local jurisdiction may adopt reasonable time, place and manner rules that do not conflict with the Cannabis Research Act.
A local jurisdiction may adopt reasonable time, r i = r t e w d m a n o d m :
b .216619.2AIC February 10, 2020 (9:36am) e d s º o t n = s k m e - 10 - e a n e d r e l u [ A d place and manner rules that do not conflict with the Cannabis Research Act.
Conduct by a licensee or a licensee representative that is allowed pursuant to a license and conduct by a person who allows property to be used by a licensee or a licensee representative for conduct allowed pursuant to a license is lawful, not a violation of state or e e 17 local law and is not a basis for seizure or forfeiture of any e e n d 18 property or assets under state or local law.
Conduct by a licensee or a licensee representative that is allowed pursuant to a license and conduct by a person who allows property to be used by a licensee or a licensee representative for conduct allowed pursuant to a license is lawful, not a violation of state or local law and is not a basis for seizure or forfeiture of any h property or assets under state or local law.
= = l ] 19 B.
g o t hr B.
A state agency or a local jurisdiction shall not a l r i 20 impose a criminal, civil or administrative penalty on a t e a t licensee or a licensee representative or on a person who allows m m 21 e d r e 22 property to be used by a licensee or a licensee representative c e r c 23 pursuant to a license solely for conduct allowed pursuant to a e a n b 24 license.
A state agency or a local jurisdiction shall not g e i k impose a criminal, civil or administrative penalty on a h r i s licensee or a licensee representative or on a person who allows h , t, property to be used by a licensee or a licensee representative e u g e b l e e h pursuant to a license solely for conduct allowed pursuant to a n d d i = = o h license.
u [ SECTION 7.
l ] b ,d i a º e SECTION 7.
[NEW MATERIAL ] DISTRIBUTION AND TRANSPORT.-- .216619.2 - 10 - The Cannabis Research Act shall not be construed to authorize a licensee to transport or distribute, or cause to be transported or distributed, cannabis or cannabis products outside the state, unless authorized by federal law.
[NEW MATERIAL ] DISTRIBUTION AND TRANSPORT.-- r i = r t e w d m a n o d m :
b .216619.2AIC February 10, 2020 (9:36am) e d s º o t n = s k m e - 11 - e a n e d r e l u [ A d The Cannabis Research Act shall not be construed to authorize a licensee to transport or distribute, or cause to be transported or distributed, cannabis or cannabis products outside the state, unless authorized by federal law.
[NEW MATERIAL ] PROVISION OF PROFESSIONAL SERVICES.--An accountant, insurance agent, real estate agent, security guard or other person engaged in a profession subject to state licensure shall not be subject to disciplinary action e e 17 by a professional association, state professional board or e e n d 18 state licensing entity because the professional provides = = l ] 19 professional services or assistance to persons in connection a l r i 20 with activity that the professional reasonably believes t e a t complies with the Cannabis Research Act and rules promulgated m m 21 e d r e 22 pursuant to that act.
[NEW MATERIAL ] PROVISION OF PROFESSIONAL SERVICES.--An accountant, insurance agent, real estate agent, security guard or other person engaged in a profession subject to state licensure shall not be subject to disciplinary action h by a professional association, state professional board or u » r state licensing entity because the professional provides t h g e l i professional services or assistance to persons in connection h r i s with activity that the professional reasonably believes h , e h complies with the Cannabis Research Act and rules promulgated t u g e b l e e , gh pursuant to that act.
c e r c 23 SECTION 10.
n d d i = = o h HCEDCº SECTION 10.
[NEW MATERIAL ] WRIT OF MANDAMUS.--An affected e a n b 24 person may commence a legal action for a writ of mandamus to u [ compel the division to perform its duties pursuant to the .216619.2 - 11 - Cannabis Research Act.
[NEW MATERIAL] WRIT OF MANDAMUS.--An l ] b ,d i a º r affected person may commence a legal action for a writ of e r = t e w d m a n o d m :
SECTION 11.
b .216619.2AIC February 10, 2020 (9:36am) r e t º o t n = s k m e - 12 - e a n e d r e l u [ A d mandamus to compel the division to perform its duties pursuant to the Cannabis Research Act.»HCEDC SECTION HCEDCº11»HCEDC HCEDCº10»HCEDC.
[NEW MATERIAL ] CANNABIS RESEARCH REGULATION FUND.--The "cannabis research regulation fund" is created as a nonreverting fund in the state treasury.
[NEW MATERIAL] CANNABIS RESEARCH REGULATION FUND.--The "cannabis research regulation fund" is created as a nonreverting fund in the state treasury.
SECTION 12.
SECTION HCEDCº 12»HCEDC HCEDCº11»HCEDC.
Section 9-16-4 NMSA 1978 (being Laws 1983, Chapter 297, Section 20, as amended) is amended to read:
Section 9-16-4 NMSA 1978 (being Laws 1983, Chapter 297, Section 20, as h amended) is amended to read:
"9-16-4.
g o t hr "9-16-4.
DEPARTMENT ESTABLISHED.--The "regulation and e e 17 licensing department" is created in the executive branch.
DEPARTMENT ESTABLISHED.--The "regulation and g e i k licensing department" is created in the executive branch.
The e e n d 18 department shall not be a cabinet department.
The h r i s department shall not be a cabinet department.
The department = = l ] 19 shall consist of but not be limited to the following divisions:
The department h , t, e u g shall consist of but not be limited to the following divisions:
a l r i 20 A.
e b l e e h A.
t e a t B.
n d d i = = o h B.
m m 21 e d r e 22 C.
l ] b ,d i a º e C.
c e r c 23 D.
r i = r t e w d m a n o d m :
b .216619.2AIC February 10, 2020 (9:36am) e d s º o t n = s k m e - 13 - e a n e d r e l u [ A d D.
e a n b 24 E.
E.
[and ] u [ F.
[and ] F.
and .216619.2 - 12 - G.
and G.
the cannabis control division ." SECTION 13.
the cannabis control division." SECTION HCEDCº 13»HCEDC HCEDCº12»HCEDC.
(3) alphacetylmethadol;
h (3) alphacetylmethadol;
(4) alphameprodine;
g o t hr (4) alphameprodine;
(5) alphamethadol;
g e i k (5) alphamethadol;
(6) benzethidine;
h r i s (6) benzethidine;
e e 17 (7) betacetylmethadol;
h , t, (7) betacetylmethadol;
e e n d 18 (8) betameprodine;
e u g e b l e e h (8) betameprodine;
= = l ] 19 (9) betamethadol;
n d d i = = o h (9) betamethadol;
a l r i 20 (10) betaprodine;
l ] b ,d i a º e (10) betaprodine;
t e a t (11) clonitazene;
r i = r t e w d m a n o d m :
m m 21 e d r e 22 (12) dextromoramide;
b .216619.2AIC February 10, 2020 (9:36am) e d s º o t n = s k m e - 14 - e a n e d r e l u [ A d (11) clonitazene;
c e r c 23 (13) dextrorphan;
(12) dextromoramide;
e a n b 24 (14) diampromide;
(13) dextrorphan;
u [ (15) diethylthiambutene;
(14) diampromide;
.216619.2 - 13 - (16) dimenoxadol;
(15) diethylthiambutene;
(16) dimenoxadol;
(27) levomoramide;
h (27) levomoramide;
(28) levophenacylmorphan;
g o t hr (28) levophenacylmorphan;
(29) morpheridine;
g e i k (29) morpheridine;
(30) noracymethadol;
h r i s (30) noracymethadol;
(31) norlevorphanol;
h , t, (31) norlevorphanol;
e e 17 (32) normethadone;
e u g e b l e e h (32) normethadone;
e e n d 18 (33) norpipanone;
n d d i = = o h (33) norpipanone;
= = l ] 19 (34) phenadoxone;
l ] b ,d i a º e (34) phenadoxone;
a l r i 20 (35) phenampromide;
r i = r t e w d m a n o d m :
t e a t (36) phenomorphan;
b .216619.2AIC February 10, 2020 (9:36am) e d s º o t n = s k m e - 15 - e a n e d r e l u [ A d (35) phenampromide;
m m 21 e d r e 22 (37) phenoperidine;
(36) phenomorphan;
c e r c 23 (38) piritramide;
(37) phenoperidine;
e a n b 24 (39) proheptazine;
(38) piritramide;
u [ (40) properidine;
(39) proheptazine;
.216619.2 - 14 - (41) racemoramide;
(40) properidine;
(41) racemoramide;
(4) codeine methylbromide;
h (4) codeine methylbromide;
(5) codeine-N-oxide;
g o t hr (5) codeine-N-oxide;
(6) cyprenorphine;
g e i k (6) cyprenorphine;
(7) desomorphine;
h r i s (7) desomorphine;
(8) dihydromorphine;
h , t, (8) dihydromorphine;
(9) etorphine;
e u g e b l e e h (9) etorphine;
e e 17 (10) heroin;
n d d i = = o h (10) heroin;
e e n d 18 (11) hydromorphinol;
l ] b ,d i a º e (11) hydromorphinol;
= = l ] 19 (12) methyldesorphine;
r i = r t e w d m a n o d m :
a l r i 20 (13) methyldihydromorphine;
b .216619.2AIC February 10, 2020 (9:36am) e d s º o t n = s k m e - 16 - e a n e d r e l u [ A d (12) methyldesorphine;
t e a t (14) morphine methylbromide;
(13) methyldihydromorphine;
m m 21 e d r e 22 (15) morphine methylsulfonate;
(14) morphine methylbromide;
c e r c 23 (16) morphine-N-oxide;
(15) morphine methylsulfonate;
e a n b 24 (17) myrophine;
(16) morphine-N-oxide;
u [ (18) nicocodeine;
(17) myrophine;
.216619.2 - 15 - (19) nicomorphine;
(18) nicocodeine;
(19) nicomorphine;
any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically exempted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically exempted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific h chemical designation:
(1) 3,4-methylenedioxy amphetamine;
g o t hr (1) 3,4-methylenedioxy amphetamine;
(2) 5-methoxy-3,4-methylenedioxy amphetamine;
g e i k (2) 5-methoxy-3,4-methylenedioxy amphetamine;
(3) 3,4,5-trimethoxy amphetamine;
h r i s (3) 3,4,5-trimethoxy amphetamine;
(4) bufotenine;
h , t, (4) bufotenine;
(5) diethyltryptamine;
e u g e b l e e h (5) diethyltryptamine;
(6) dimethyltryptamine;
n d d i = = o h (6) dimethyltryptamine;
e e 17 (7) 4-methyl-2,5-dimethoxy amphetamine;
l ] b ,d i a º e (7) 4-methyl-2,5-dimethoxy amphetamine;
e e n d 18 (8) ibogaine;
r i = r t e w d m a n o d m :
= = l ] 19 (9) lysergic acid diethylamide;
b .216619.2AIC February 10, 2020 (9:36am) e d s º o t n = s k m e - 17 - e a n e d r e l u [ A d (8) ibogaine;
a l r i 20 (10) marijuana;
(9) lysergic acid diethylamide;
t e a t (11) mescaline;
(10) marijuana;
m m 21 e d r e 22 (12) peyote, except as otherwise provided in c e r c 23 the Controlled Substances Act;
(11) mescaline;
e a n b 24 (13) N-ethyl-3-piperidyl benzilate;
(12) peyote, except as otherwise provided in the Controlled Substances Act;
u [ (14) N-methyl-3-piperidyl benzilate;
(13) N-ethyl-3-piperidyl benzilate;
.216619.2 - 16 - (15) psilocybin;
(14) N-methyl-3-piperidyl benzilate;
(15) psilocybin;
(c) 1-hexyl-3-(1-naphthoyl)indole;
h (c) 1-hexyl-3-(1-naphthoyl)indole;
(d) 1-pentyl-3-(1-naphthoyl)indole;
g o t hr (d) 1-pentyl-3-(1-naphthoyl)indole;
(e) 1-pentyl-3-(2-methoxyphenylacetyl) indole;
g e i k (e) 1-pentyl-3-(2-methoxyphenylacetyl) h r i s indole;
(f) cannabicyclohexanol (CP 47, 497 and homologues:
h , t, (f) cannabicyclohexanol (CP 47, 497 and e u g e b l e e h homologues:
5-(1,1-dimethylheptyl)-2-[(1R,3S) -3-hydroxycyclohexyl]-phenol (CP-47,497);
5-(1,1-dimethylheptyl)-2-[(1R,3S) n d d i = = o h -3-hydroxycyclohexyl]-phenol (CP-47,497);
and 5-(1, 1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol;
and 5-(1, l ] b ,d i a º e 1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol;
e e 17 (g) 6aR,10aR)-9-(hydroxymethyl) e e n d 18 -6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10, = = l ] 19 10a-tetrahydrobenzo[c]chromen-1-ol);
r i = r t e w d m a n o d m :
a l r i 20 (h) dexanabinol, (6aS,10aS) t e a t -9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) m m 21 e d r e 22 -6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;
b .216619.2AIC February 10, 2020 (9:36am) e d s º o t n = s k m e - 18 - e a n e d r e l u [ A d (g) 6aR,10aR)-9-(hydroxymethyl) -6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10, 10a-tetrahydrobenzo[c]chromen-1-ol);
c e r c 23 (i) 1-pentyl-3-(4-chloro naphthoyl) e a n b 24 indole;
(h) dexanabinol, (6aS,10aS) -9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) -6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;
u [ (j) (2-methyl-1-propyl-1H-indol-3-yl)- .216619.2 - 17 - 1-naphthalenyl-methanone;
(i) 1-pentyl-3-(4-chloro naphthoyl) indole;
(j) (2-methyl-1-propyl-1H-indol-3-yl)- 1-naphthalenyl-methanone;
(24) 3-fluoromethcathinone;
h (24) 3-fluoromethcathinone;
and (25) 4-fluoromethcathinone;
and g o t hr (25) 4-fluoromethcathinone;
D.
g e i k D.
the enumeration of peyote as a controlled substance does not apply to the use of peyote in bona fide religious ceremonies by a bona fide religious organization, and members of the organization so using peyote are exempt from registration.
the enumeration of peyote as a controlled h r i s substance does not apply to the use of peyote in bona fide h , t, religious ceremonies by a bona fide religious organization, and e u g e b l e e h members of the organization so using peyote are exempt from n d d i = = o h registration.
Any person who manufactures peyote for or distributes peyote to the organization or its members shall comply with the federal Comprehensive Drug Abuse Prevention and e e 17 Control Act of 1970 and all other requirements of law;
Any person who manufactures peyote for or l ] b ,d i a º e distributes peyote to the organization or its members shall r i = r t e w d m a n o d m :
e e n d 18 E.
b .216619.2AIC February 10, 2020 (9:36am) e d s º o t n = s k m e - 19 - e a n e d r e l u [ A d comply with the federal Comprehensive Drug Abuse Prevention and Control Act of 1970 and all other requirements of law;
the enumeration of marijuana, = = l ] 19 tetrahydrocannabinols or chemical derivatives of a l r i 20 tetrahydrocannabinol as Schedule I controlled substances does t e a t not apply to:
E.
m m 21 e d r e 22 (1) hemp pursuant to rules promulgated by the c e r c 23 board of regents of New Mexico state university on behalf of e a n b 24 the New Mexico department of agriculture;
the enumeration of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol as Schedule I controlled substances does not apply to:
u [ (2) cultivation of hemp by persons pursuant to .216619.2 - 18 - rules promulgated by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture;
(1) hemp pursuant to rules promulgated by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture;
(3) tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, including tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols with concentrations of up to five percent as measured using a post-decarboxylation method and based on percentage dry weight, possessed by a person in connection with the cultivation, transportation, testing, researching, manufacturing or other processing of the plant Cannabis sativa L., or any part of the plant whether growing or not, if authorized pursuant to rules promulgated, pursuant to the Hemp Manufacturing Act, by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture or the department of environment;
(2) cultivation of hemp by persons pursuant to rules promulgated by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture;
e e 17 (4) tetrahydrocannabinols or chemical e e n d 18 derivatives of tetrahydrocannabinols, including = = l ] 19 tetrahydrocannabinols or chemical derivatives of a l r i 20 tetrahydrocannabinols in any concentration possessed by a t e a t person in connection with the extraction of m m 21 e d r e 22 tetrahydrocannabinols or chemical derivatives of c e r c 23 tetrahydrocannabinols, if authorized pursuant to rules e a n b 24 promulgated, pursuant to the Hemp Manufacturing Act, by the u [ board of regents of New Mexico state university on behalf of .216619.2 - 19 - the New Mexico department of agriculture or the department of environment;
(3) tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, including tetrahydrocannabinols or chemical derivatives of h tetrahydrocannabinols with concentrations of up to five percent u » r as measured using a post-decarboxylation method and based on t h g e l i percentage dry weight, possessed by a person in connection with h r i s the cultivation, transportation, testing, researching, h , e h manufacturing or other processing of the plant Cannabis sativa t u g e b l e e , gh L., or any part of the plant whether growing or not, if n d d i = = o h authorized pursuant to rules promulgated, pursuant to the Hemp l ] b ,d i a º r Manufacturing Act, by the board of regents of New Mexico state e r = t e w d m a n o d m :
(5) the use of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol by certified patients pursuant to the Controlled Substances Therapeutic Research Act or by qualified patients pursuant to the provisions of the Lynn and Erin Compassionate Use Act;
b .216619.2AIC February 10, 2020 (9:36am) r e t º o t n = s k m e - 20 - e a n e d r e l u [ A d university on behalf of the New Mexico department of agriculture or the department of environment;
[or ] (6) marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols in any concentration possessed by a person in connection with the cultivation, transportation, testing, manufacturing or other processing of the plant Cannabis sativa L., or any part of the plant whether growing or not, if authorized pursuant to rules promulgated by the cannabis control division of the regulation and licensing department pursuant to the Cannabis Research Act;
(4) tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, including tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols in any concentration possessed by a person in connection with the extraction of tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, if authorized pursuant to rules promulgated, pursuant to the Hemp Manufacturing Act, by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture or the department of environment;
e e 17 or e e n d 18 [(6)] (7) the use, dispensing, possession, = = l ] 19 prescribing, storage or transport of a prescription drug that a l r i 20 the United States food and drug administration has approved and t e a t that contains marijuana, a tetrahydrocannabinol derivative or a m m 21 e d r e 22 chemical derivative of tetrahydrocannabinol;
(5) the use of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol by certified patients pursuant to the h Controlled Substances Therapeutic Research Act or by qualified u » r patients pursuant to the provisions of the Lynn and Erin t h g e l i Compassionate Use Act;
and c e r c 23 F.
[or ] h r i s (6) marijuana, tetrahydrocannabinols or h , e h chemical derivatives of tetrahydrocannabinols in any t u g e b l e e , gh concentration possessed by a person in connection with the n d d i = = o h cultivation, transportation, testing, manufacturing or other l ] b ,d i a º r processing of the plant Cannabis sativa L., or any part of the e r = t e w d m a n o d m :
controlled substances added to Schedule I by e a n b 24 rule adopted by the board pursuant to Section 30-31-3 NMSA u [ 1978." .216619.2 - 20 - SECTION 14.
b .216619.2AIC February 10, 2020 (9:36am) r e t º o t n = s k m e - 21 - e a n e d r e l u [ A d plant whether growing or not, if authorized pursuant to rules promulgated by the cannabis control division of the regulation and licensing department pursuant to the Cannabis Research Act;
EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2020.
or [(6)] (7) the use, dispensing, possession, prescribing, storage or transport of a prescription drug that the United States food and drug administration has approved and that contains marijuana, a tetrahydrocannabinol derivative or a chemical derivative of tetrahydrocannabinol;
- 21 - 5 7 9 11 13 15 e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .216619.2
and F.
controlled substances added to Schedule I by rule adopted by the board pursuant to Section 30-31-3 NMSA 1978." SECTION HCEDCº 14»HCEDC HCEDCº13»HCEDC.
EFFECTIVE DATE.- -The effective date of the provisions of this act is July 1, 2020.
- 22 - h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :
b .216619.2AIC February 10, 2020 (9:36am) r e t º o t n = 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. tabled in House

  3. special

  4. withdrawn from committee

  5. DO PASS, as amended, committee report adopted

  6. referred to House Commerce & Economic Development Committee & House Appropriations & Finance Committee

  7. printed

  8. withdrawn from committee

  9. not printed House Rules and Order of Business Committee

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 111 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (111)

111 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

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Frequently asked questions

Who sponsors HB 334?
HB 334 is sponsored by Javier Martínez (Democrat).
What is the current status of HB 334?
This bill died with 2020 Regular Session. It reached “In Committee” 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.
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