New Mexico § 26-2C-18 Testing cannabis products; health and safety of

New Mexico Statutes

§ 26-2C-18 — Testing cannabis products; health and safety of

New Mexico § 26-2C-18

Ch. 26Drugs and Cosmetics

Art. 2CCannabis Regulation

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Bluebook

N.M. Stat. Ann. § 26-2C-18 (2026).

Text

employees and consumers. A. A cannabis testing laboratory's testing of cannabis products shall comply with the requirements set forth in applicable law and rules. B. In consultation with the department of environment and consistent with industry standards, the division shall promulgate rules to:

(1)require all cannabis producers and cannabis manufacturers to have their cannabis products tested prior to distribution to cannabis retailers or for sales by integrated cannabis microbusinesses;

(2)specify how often licensees shall test cannabis products;

(3)specify which persons bear the cost of testing commercial or medical cannabis products;

(4)provide for recordkeeping;

(5)establish chain of custody protocols for the transportation of testing samples;

(6)ensure that testing samples are

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employees and consumers. A. A cannabis testing laboratory's testing of cannabis products shall comply with the requirements set forth in applicable law and rules. B. In consultation with the department of environment and consistent with industry standards, the division shall promulgate rules to: (1) require all cannabis producers and cannabis manufacturers to have their cannabis products tested prior to distribution to cannabis retailers or for sales by integrated cannabis microbusinesses; (2) specify how often licensees shall test cannabis products; (3) specify which persons bear the cost of testing commercial or medical cannabis products; (4) provide for recordkeeping; (5) establish chain of custody protocols for the transportation of testing samples; (6) ensure that testing samples are transported and stored in a manner that prevents degradation, contamination, tampering or diversion; (7) specify protocols for testing sample collection that ensure accurate test results, including requiring that testing samples be collected by laboratory staff trained in the collection of testing samples; and (8) require destruction of a tested batch of cannabis products if the testing samples from the tested batch indicate noncompliance with applicable health and safety standards promulgated by the division, unless remedial measures can bring the cannabis products into compliance with the standards or the cannabis products can be used for research purposes. C. Beginning no later than April 1, 2022, the division shall identify, in consultation with the department of environment, a set of updated certified reference materials that laboratory testing shall be measured against. D. The division shall work cooperatively with the department of environment to implement inspection of cannabis establishments to ensure the health and safety of employees in accordance with the Occupational Health and Safety Act [50-9-1 to 50-9- 25 NMSA 1978], to determine compliance with rules promulgated by the environmental improvement board and to protect the health and safety of consumers.