FINISHED HEMP PRODUCT SALES
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HB 88 — FINISHED HEMP PRODUCT SALES
Last action — DO PASS, as amended, committee report adopted
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2021 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
504 added · 404 removedPlain-language change summary
The changes in House Bill 88 mainly involve some clarifications and updates to how hemp products will be regulated in New Mexico. Specifically, the bill now emphasizes the role of the Environmental Improvement Board in overseeing the distribution and sale of finished hemp products, alongside creating penalties for any regulation violations. These adjustments are important as they aim to ensure a clearer legal framework for hemp regulation and help protect consumers from potential issues related to hemp products.
HOUSE BILL 88 5555TH THLEGISLATURE LEGISLATURE- STATE OF NEW MEXICO - STATEOFNEWMEXICO- FIRST SESSIO,SESSION, 2021 INTRODUCED BY Derrick J.
Lente 6This 8document 10may ANincorporate ACTamendments RELATINGproposed TOby HEMP;a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
AUTHORIZINGThe THEdocument ENVIRONMENTALis IMPROVEMENTa BOARDtool TOto REGULATEshow THEamendments DISTRIBUTIONin ANDcontext SALEand OFcannot FINISHEDbe HEMPused PRODUCTS;for the purpose of adding amendments to legislation.
CREATINGh PENALTIESAN FORACT VIOLATIONSg OFo REGULATIONSRELATING PROMULGATEDTO BYHEMP; THE ENVIRONMENTAL IMPROVEMENT BOARD;
ADDINGAUTHORIZING THE ENVIRONMENTAL IMPROVEMENT t hr g e i k BOARD TO REGULATE THE DISTRIBUTION AND CLARIFYINGSALE DEFINITIONS;OF FINISHED HEMP h r i s PRODUCTS;
MAKINGCREATING TECHNICALPENALTIES ANDFOR CONFORMINGVIOLATIONS CHANGES.OF REGULATIONS h , t, PROMULGATED BY THE ENVIRONMENTAL IMPROVEMENT BOARD;
eADDING tAND 17e wu lg ne db 18l BEe ITe ENACTEDh BYCLARIFYING THEDEFINITIONS; LEGISLATURE OF THE STATE OF NEW MEXICO:
MAKING TECHNICAL AND CONFORMING n d d i = = 19o SECTIONh 1.CHANGES.
Al new] sectionb of,d thei Hempa Manufacturingº Acte isr ai l= ir at e rw 20d enactedm toa read:n o BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
ad t m m: 21 "[NEW MATERIAL] HEMP DISTRIBUTORS AND HEMP RETAILERS-- d r e 22 RULES--REQUIREMENTS.-- c e s k 23 A.
Theb departmente ofd environments shallº enforceo thet n = .218542.2SAAIC February 10, 2021 (3:36pm) s k m e e a n be 24d regulationsr issuede pursuantl tou Subsection[ CA ofd thisSECTION section.1.
uA [new B.section of the Hemp Manufacturing Act is enacted to read:
A"[NEW hempMATERIAL] distributorHEMP andDISTRIBUTORS hempAND retailerHEMP shallRETAILERS-- notRULES--REQUIREMENTS.-- .218542.2SAA. offer or furnish to another person with or without consideration a hemp product that does not meet the standards established pursuant to Subsection C of this section.
The department of environment shall enforce the regulations issued pursuant to Subsection C of this section.
B.
A hemp distributor and hemp retailer shall not offer or furnish to another person with or without consideration a hemp product that does not meet the standards established pursuant to Subsection C of this section.
h g "[NEW MATERIAL] PENALTIES.-- o t hr A.
A person who violates a regulation adopted by g e i k the environmental improvement board pursuant to the Hemp h r i s h Manufacturing Act is guilty of a petty misdemeanor.
This , t, e u g section does not apply to any regulation for which a criminal e b l e e h penalty is otherwise provided by law.
en ed 17d i = = o h B.
Whenever, on the basis of any information, the el ] b ,d i a º e nr di 18= r department of environment determines that a person has =t =e lw ]d 19m a n o violated, is violating or threatens to violate any provision of ad l r i 20 Section 76-24-8 or 76-24-9 NMSA 1978 or any rule, regulation or t e a t permit condition adopted and promulgated thereunder, the m m: 21 e d r e 22 department may:
cb e rd cs 23º (1)o issuet an compliance= order.218542.2SAAIC statingFebruary with10, e2021 a(3:36pm) ns bk 24m reasonablee specificity- the2 nature- ofe thea violationn ore ud [r threatenede violation,l requiringu compliance[ immediatelyA ord .218542.2SASection -76-24-8 2or -76-24-9 withinNMSA a1978 specified time period, or assessany arule, civilregulation penaltyor forpermit anycondition pastadopted orand currentpromulgated violation,thereunder, orthe both;department may:
(1) issue a compliance order stating with reasonable specificity the nature of the violation or threatened violation, requiring compliance immediately or within a specified time period, or assess a civil penalty for any past or current violation, or both;
In assessing a penalty, the h secretary of environment shall take into account the u » r seriousness of the violation and any good-faith efforts to t h g e l i comply with the applicable requirements.
h r i s D.
An order issued pursuant to this section shall h , e h become final unless, no later than thirty days after the order t u g e b l e e , gh is served, the person named in the order submits a written en ed 17d i = = o h request to the department of environment for a hearing.
Upon el e] nb d,d 18i a º r request, the secretary of environment shall conduct a hearing.
=e r = lt ]e 19w d m a n o The secretary shall appoint an independent hearing officer to ad lm r: i 20 preside over the hearing.
Theb hearingr officere shallt makeº ando t en a= t.218542.2SAAIC preserveFebruary a10, complete2021 record(3:36pm) ofs thek proceedingsm ande forward- a3 m- me 21a n e d r e 22l recommendationu based[ onA thed recordpreside toover the secretary,hearing. who shall c e r c 23 make the final decision.
eThe hearing officer shall make and preserve a ncomplete brecord 24of E.the proceedings and forward a recommendation based on the record to the secretary, who shall make the final decision.
PenaltiesE. collected pursuant to violations of u [ rules, regulations or permit conditions shall be deposited in .218542.2SA - 3 - the general fund for credit to the current school fund." SECTION 3.
Penalties collected pursuant to violations of rules, regulations or permit conditions shall be deposited in the general fund for credit to the current school fund." SECTION 3.
"Cannabis sativa L." means the plant Cannabis h sativa L.
g o t hr D.
and g e i k any part of that plant, including seeds and all derivatives, h r i s extracts, cannabinoids, isomers, acids, salts and salts of h , t, isomers, whether growing or not, with a THC concentration of e u g e b l e e h not more than three-tenths percent HAWCº on a dry weight basis;n d d i = = o h basis»HAWC HAWCºor a concentration allowed by federal law, l ] b ,d i a º e whichever is greater, based on dry weight»HAWC ;
er i = r t e 17w d m a n o [E.
"hemp-derived material" means any material e e n d 18m containing: THC in any concentration derived from Cannabis = = l ] 19 sativa L.
throughb anye activityd authorizeds pursuantº too thet Hempn = .218542.2SAAIC February 10, 2021 (3:36pm) s k m e - 4 - e a ln e d r ie 20l Manufacturingu Act;[ A d containing THC in any concentration derived from Cannabis sativa L.
tthrough eany aactivity tauthorized F.]pursuant E.to the Hemp Manufacturing Act;
"hempF.] extract"E. means oil and extracts m m 21 e d r e 22 derived from [hemp] Cannabis sativa L.
Show all 99 changed lines (59 more)
containing"hemp THCextract" inmeans anyoil c e r c 23 concentration through any activity authorized pursuant to the e a n b 24 Hemp Manufacturing Act, including cannabidiol, cannabidiolic u [ acid and otherextracts identifiedderived andfrom non-identified[hemp] compoundsCannabis intendedsativa .218542.2SAL. - 4 - for human ingestion or inhalation ;
containing THC in any concentration through any activity authorized pursuant to the Hemp Manufacturing Act, including cannabidiol, cannabidiolic acid and other identified and non-identified compounds intended for HAWCºhuman ingestion or inhalation»HAWC HAWCºuse in a hemp finished product»HAWC ;
"hemp finished product" means a hemp product that is intended for retail sale for human ingestion or inhalation and containing hemp or hemp extracts [that includes food, food additives and herbs for human use, including 6 consumption] that has a THC [content] concentration of not more than three-tenths percent;percent HAWCº or a concentration allowed by h federal law, whichever is greater, based on dry weight»HAWC ;
g o t hr G.
"hemp distributor" means a person that provides g e i k hemp finished products to other business entities;
h r i s H.
"hemp manufacturer" means a person that h , t, e u g extracts, processes or engages in other manufacturing e b l e e h activities regarding hemp, including manufacturing n d d i = = o h [intermediate hemp-derived products ] hemp extract and hemp l ] b ,d i a º e finished products for human ingestion or inhalation ;
r i = r t e w d m a n o I.
"hemp producer" means a person that cultivates andd harvestsm hemp: and includes a person that cultivates hemp e e 17 plants for transfer to other hemp producers;
b e d s º o t n = .218542.2SAAIC February 10, 2021 (3:36pm) s k m e - 5 - e a n e d 18r [J.e l u [ A d and harvests hemp and includes a person that cultivates hemp plants for transfer to other hemp producers;
"intermediate[J. hemp-derived product" means oil = = l ] 19 and extracts, including cannabidiol, cannabidiolic acid and a l r i 20 other identified and non-identified compounds derived from t e a t hemp;] m m 21 e d r e 22 J.
"hemp"intermediate retailer"hemp-derived product" means aoil personand thatextracts, providesincluding ccannabidiol, ecannabidiolic racid cand 23other hempidentified finishedand productsnon-identified directlycompounds toderived consumers;from hemp;] J.
e"hemp retailer" means a nperson bthat 24provides K.hemp finished products directly to consumers;
"manifest"K. means a form used for identifying the u [ quantity, composition, origin, routing and destination of .218542.2SA - 5 - [hemp-derived materials ] hemp extract during transportation;
"manifest" means a form used for identifying the quantity, composition, origin, routing and destination of [hemp-derived materials ] hemp extract during transportation;
Section 76-24-8 NMSA 1978 (being Laws 2019, h Chapter 116, Section 6, as amended) is amended to read:
g o t hr "76-24-8.
HEMP MANUFACTURERS--PERMITS--RULES-- g e i k REQUIREMENTS.-- h r i s A.
The department of environment shall issue h , t, permits pursuant to rules issued under Subsection C of this e u g e b l e e h section to extract, process or engage in other manufacturing n d d i = = o h activities regarding hemp, including manufacturing l ] b ,d i a º e [intermediate hemp-derived products ] hemp extract and hemp r i = r t e w d m a n o finished products for human ingestion or inhalation .
B.d m :
Ab person shall not extract, process or engage in e ed 17s otherº manufacturingo activitiest regarding hemp, including e e n d 18 manufacturing [intermediate hemp-derived products ] hemp extract = =.218542.2SAAIC lFebruary ]10, 192021 and(3:36pm) hemps finishedk productsm fore human- ingestion6 or- inhalation a l r i 20 without a permit issued by the department of environment or a t e a tn license issued pursuant to Subsection C of Section 76-24-10 m m 21 e d r e 22l NMSAu 1978.[ A d B.
cHAWCºA»HAWC eHAWCºExcept ras cspecified 23in C.Subsection H of this section, a»HAWC 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 for human ingestion or inhalation without a permit issued by the department of environment or a license issued pursuant to Subsection C of Section 76-24-10 NMSA 1978.
TheC. [department of environment ] environmental e a n b 24 improvement board shall adopt rules that include:
uThe [[department (1) procedures for the issuance, denial, .218542.2SA - 6 - renewal, suspension and revocation of a permit issued by the department of environment to] manufactureenvironmental hempimprovement products,board includingshall permitadopt termsrules and procedures for appeal of a denial, suspension or revocation that includeinclude: notice and opportunity for a hearing;
(2)(1) qualificationsprocedures for permittingthe 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 health,notice sanitation,and safetyopportunity andfor security;a hearing;
(3)h proficiency(2) standardsqualifications andfor requirementspermitting forthat storage,include recordkeepingg o t hr health, sanitation, safety and inspections;security;
(4)g requiring,e andi providingk a(3) processproficiency for,standards theand userequirements orfor disposalh ofr [hemp-derivedi materials ]storage, hemprecordkeeping extract and hempinspections; finished products containing THC levels of more than three-tenths percent;
h , t, (4) requiring, and (5)providing feesa notprocess tofor, exceede [theu lesserg ofe oneb thousandl dollarse ($1,000)e orh the costuse ofor administrationdisposal of a[hemp-derived permitmaterial issued] pursuanthemp toextract thisand section]n twod thousandd dollarsi e= = o h hemp finished products containing THC levels of more than l ] b ,d i a º e 17three-tenths ($2,000).percent;
eand r i = r t e w d m a n o (5) fees not to exceed [the lesser of one d 18m D.:
Ab hempe manufacturerd thats producesº [intermediateo =t n = l.218542.2SAAIC ]February 1910, hemp-derived2021 products](3:36pm) hemps extractk orm hempe finished- products7 a- le ra in 20e intendedd forr humane [consumptionl byu eating[ orA drinkingd ]thousand tdollars e($1,000) a t ingestion or inhalation are subject to the provisionscost of theadministration mof ma 21permit eissued dpursuant rto ethis 22section] Foodtwo Servicethousand Sanitationdollars Act($2,000). and the New Mexico Food Act.
cD. e r c 23 E.
HempA finished products produced by a hemp emanufacturer athat nproduces b[intermediate 24hemp-derived manufacturerproducts] holdinghemp aextract permitor issuedhemp pursuantfinished toproducts thisintended sectionfor uhuman [[consumption shallby noteating beor deemeddrinking adulterated] asingestion thator terminhalation isare usedsubject into the .218542.2SAprovisions -of 7the - Food Service Sanitation Act and the New Mexico Food Act.
E.
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.
A permit issued pursuant to this section does not relieve the holder of the permit of the responsibility to h obtain other licenses or permits as required by law."law. SECTION 5.
Sectiong 76-24-9o NMSAt 1978hr (beingHAWCº Laws"»HAWC 2019,g Chaptere 116,i Sectionk 7)HAWCºH. is amended to read:
"76-24-9.A person engaged in the manufacturing or use h r i s of hemp seed or hemp seed derivatives for products intended for h , t, e u g human food is not subject to the provisions of this section but e b l e e h shall be subject to the provisions of the Food Service n d d i = = o h Sanitation Act and the New Mexico Food Act."»HAWC l ] b ,d i a º e r i = r SECTION 5.
TRANSPORTINGSection HEMP,76-24-9 [ANDNMSA HEMP-DERIVED1978 MATERIALS(being ]Laws HEMP2019, EXTRACTt ANDe HEMPw FINISHEDd PRODUCTS--HARVESTm CERTIFICATEa --n MANIFEST--RULES--REQUIREMENTS.--o A.Chapter 116, Section 7) is amended to read:
d m :
b e d s º o t n = .218542.2SAAIC February 10, 2021 (3:36pm) s k m e - 8 - e a n e d r e l u [ A d "76-24-9.
TRANSPORTING HEMP, [AND HEMP-DERIVED MATERIALS] HEMP EXTRACT AND HEMP FINISHED PRODUCTS--HARVEST CERTIFICATE -- MANIFEST--RULES--REQUIREMENTS.-- A.
A person shall not transport [hemp-derived e e 17 materials] hemp extract unless during such transportation the e e n d 18 person has in the person's immediate possession a manifest = = l ] 19 issued by a person licensed pursuant to the Hemp Manufacturing a l r i 20 Act or other applicable law.
t e a t C.
The department of environment shall establish a m m 21 e d r e 22 manifest system and any other reasonable means necessary to c e r c 23 ensure that [hemp-derived materials ] hemp extract originating e a n b 24 from a person permitted pursuant to Section [6 of the Hemp uh [ Manufacturing Act are] 76-24-8 NMSA 1978 is identifiable during .218542.2SAg -o 8t -hr transport and that the [materials are ] hemp extract is g e i k transported only between persons licensed, permitted or h r i s otherwise authorized to possess [hemp-derived materials ] hemp h , t, extract pursuant to the Hemp Manufacturing Act or other e u g e b l e e h applicable law.
n d d i = = o h D.
AHAWCºA person that transportstransports»HAWC [hemp-derived[hemp- materialsl or] foodb additive,d hempi finisheda productsº intendede forderived humanmaterials consumptionor byfood eatingadditive orhemp drinking]finished hempproducts extractr ori hemp= finishedr productst shalle bew subjectd tom thea provisionsn ofo theintended Foodfor Servicehuman Sanitationconsumption Actby andeating theor Newdrinking] MexicoHAWCºhemp Foodd Act.m :
b e d s º o t n = .218542.2SAAIC February 10, 2021 (3:36pm) s k m e - 9 - e a n e d r e l u [ A d extract or hemp finished products»HAWC HAWCºExcept for a person who transports hemp extract or hemp finished products for personal use, the transportation of hemp extract or hemp finished products intended for human ingestion or inhalation»HAWC shall be subject to the provisions of the Food Service Sanitation Act and the New Mexico Food Act.
Product in excess of eight ounces that has the appearance of hemp and is in the possession of a person e e 17 suspected of violating the provisions of Subsection E of this e e n d 18 section may be seized by a law enforcement agency until such = = l ] 19 time as the agency is able to identify the product, in a l r i 20 cooperation with the department of environment or the New th e a t Mexico department of agriculture, but for no longer than five mu m» 21 e d r e 22 days.
ct eh rg ce 23l i G.
As used in this section, "harvest certificate" eh ar ni bs 24 means a certificate, license, permit or other document issued uh [, e h pursuant to rules adopted under the Hemp Manufacturing Act for .218542.2SAt -u 9g -e b l e e , gh use during transportation of hemp [or hemp-derived material ], n d d i = = o h whether in the possession of a person or electronically l ] b ,d i a º r verified by a law enforcement agency." e r = t e w d m a n o SECTION 6.
Section 76-24-10 NMSA 1978 (being Laws 2019, Chapterd 116,m Section: 8) is amended to read:
b r e t º o t n = .218542.2SAAIC February 10, 2021 (3:36pm) s k m e - 10 - e a n e d r e l u [ A d Chapter 116, Section 8) is amended to read:
e e 17 B.
The New Mexico department of agriculture and the e e n d 18 department of environment may enter into cooperative agreements = = l ] 19 or joint powers agreements with federally recognized Indian a l r i 20 nations, tribes and pueblos located wholly or partially within th e a t New Mexico that seek the state's assistance in developing hemp mu m» 21 e d r e 22 production plans that are acceptable to the director of the New ct eh rg ce 23l i Mexico department of agriculture and the department of eh ar ni bs 24 environment, or in the regulation of hemp production on tribal uh [, e h lands, or in the testing of hemp plants for THC, or the .218542.2SAt -u 10g -e b l e e , gh transportation of hemp or [hemp-derived material ] hemp extract n d d i = = o h or hemp finished products;
provided that no such agreement l ] b ,d i a º r shall purport to give the state any jurisdiction over any such e r = t e w d m a n o activities or material on tribal lands.
C.d m :
b r e t º o t n = .218542.2SAAIC February 10, 2021 (3:36pm) s k m e - 11 - e a n e d r e l u [ A d C.
- 1112 - eh eu 17» er et nh dg 18e = = l ]i 19h a l r i 20s th , e ah t mu mg 21e b l e e , gh n d rd ei 22= c= o h l ] b ,d i a º r e r c= 23t e w d m a n bo 24d um [: .218542.2SA
b r e t º o t n = .218542.2SAAIC February 10, 2021 (3:36pm) s k m e e a n e d r e l u [ A d
Show all 99 changed rows (59 more)
View plain text versions (2)
- Amended Amendments in Context Current pdf
- Introduced introduced version pdf
Action History
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DO PASS, as amended, committee report adopted
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Sent to House Agriculture & Water Resources Committee & House Judiciary Committee
-
Sent to House Pre-file
Sponsors
- Derrick J. Lente · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 111 not signed on
Sponsors (1)
- Derrick J. Lente Democrat
Co-sponsors (0)
None.
Not signed on (111)
111 members have not signed on to this bill.
Show all 111 →"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.
Subjects
Frequently asked questions
- Who sponsors HB 88?
- HB 88 is sponsored by Derrick J. Lente (Democrat).
- What is the current status of HB 88?
- This bill died with 2021 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.
- Where can I track HB 88?
- Track HB 88 free on One Click Politics — get push/email alerts when it moves.
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