HB 276 CANNABIS & LIQUOR ESTABLISHMENT ACTIVITIES

Rep Joshua Nathaniel Hernandez

Actions: [4] not prntd-HRC

Scheduled: Not Scheduled

 House Bill 276 (HB 276): This legislative bill focuses on refining and expanding the regulations around cannabis-related activities in the state of New Mexico, providing specific guidelines for licensing, operation, and addressing potential supply shortages in the medical cannabis program.   

 House Bill 276 (HB 276) Scope of Regulation: 
•	The bill outlines the scope of regulation by the Division, which includes commercial cannabis activity, licensing related to commercial cannabis activity, the medical cannabis program, and cannabis training and education programs.

Licensing Categories: 
•	Various types of licenses are specified, such as for cannabis consumption areas, couriers, manufacturers, producers, research laboratories, retailers, servers, testing laboratories, training and education programs, integrated microbusinesses, and vertically integrated establishments.

License Designation: 
•	Licenses and permits are required to clearly indicate whether they are for medical cannabis activity, commercial cannabis activity, or both, as well as for cannabis training and education programs.

License Validity and Renewal: 
•	Licenses are valid for twelve months and can be renewed annually, with certain exceptions. Cannabis training and education program licenses are valid until terminated, suspended, or revoked by the division.

Tax Compliance for Renewal: 
•	The director cannot renew a license until the licensee is confirmed not to be a delinquent taxpayer for cannabis excise tax or gross receipts tax, and all required tax returns are filed.

Non-transferability of Licenses: 
•	Licenses are not transferable or assignable to another person. Additionally, certain restrictions are placed on holding cannabis testing laboratory licenses.

Consumer Information and Residency: 
•	Licensees are generally not required to request information from consumers, except for age verification. 
•	Residency requirements are not imposed for the purchase of cannabis products except for the medical cannabis program.

Licensed Premises: 
•	Licensees are not limited in the number of licensed premises they may operate, and they are allowed to conduct any lawful activity or combination of activities at licensed premises, except for the retail sale of alcoholic beverages.

Exclusion of Alcohol Sales: 
•	Licensees are specifically prohibited from conducting the retail sale of alcoholic beverages at licensed premises.

Transition Period for Medical Cannabis Licensees: 
•	Existing medical cannabis licensees are allowed to continue operating until comparable licenses for commercial cannabis activity are available.

Addressing Cannabis Supply Shortages: 
•	The division is granted authority to address shortages in the medical cannabis program by taking specific measures, such as requiring a percentage of cannabis stock to be designated for medical use.

The effective date of the provisions is specified as July 1, 2024.