May 29, 2013 TO: Licensed Non-Profit Producers (LNPP) FROM: Ken Groggel, Manager Medical Cannabis Program (MCP) RE: Production of Cannabis-derived Products The New Mexico Department of Health (DOH) was recently contacted by the New Mexico Environment Department (NMED) concerning the use of NMED-permitted kitchens in the manufacture of medical cannabis edibles. Attached is a copy of the letter from NMED. NMED states that medical cannabis edibles are considered to be adulterated food products under FDA requirements, and that they are disallowed under the Food Act and associated regulations. Because of this, NMED cannot permit the manufacture of medical cannabis edibles in NMEDpermitted kitchens (private bakeries, etc.). So long as medical cannabis edibles are not manufactured in NMED-permitted kitchens, however, NMED has stated that it does not intend to regulate them or prohibit their manufacture. The MCP recognizes that edibles have offered a popular alternative method of ingestion for qualified patients in the Program; and the Program intends to continue to allow the manufacture and distribution of medical cannabis edibles by LNPPs. However, because of the regulatory position taken by NMED, the DOH must implement changes to how LNPPs are permitted to manufacture medical cannabis edibles. Historically, the DOH has allowed medical cannabis edibles to be manufactured in private bakeries that also produce non-cannabis edible products. Based on the position taken by NMED, the DOH can no longer allow this practice. In order to produce medical cannabis edibles, LNPP’s will need to verify that their medical cannabis edibles are not manufactured in kitchens (restaurants, bakeries, etc.) that are regulated by NMED or that would otherwise fall under FDA regulations concerning the manufacture of food products. In short; LNPPs will be allowed to continue producing medical cannabis edibles in kitchens dedicated to that purpose. In the interest of avoiding disruption to the distribution of edibles to qualified patients, the DOH intends to implement standards for production of cannabis-derived products so that LNPPs can continue providing edibles to qualified patients. These standards will be modeled on the existing requirements of the NMED. The MCP anticipates having those standards prepared in the coming weeks, and will distribute them to LNPPs once they are available. Again, the MCP does not anticipate that these standards will be substantially different from those that would otherwise apply to the manufacture of food products in New Mexico. MEDICAL CANNABIS PROGRAM 1190 St. Francis Dr., Suite S3400 • P.O. Box 26110 • Santa Fe, New Mexico • 87502-6110 (505) 827-2321 • FAX: (505) 476-3025 • http://www.nmhealth.org/mcp In order to continue producing medical cannabis edibles, LNPPs will need to submit an addendum to their licensure applications that specifies how they intend to comply with this requirement. If your LNPP intends to continue producing or distributing medical cannabis edibles, you will need to submit your addendum to the Medical Cannabis Program no later than July 1, 2013. Once application addenda are received, the MCP will contact affected LNPPs to schedule in-person site visits to verify that basic food handling and sanitation standards are met. It is the hope of the MCP that it can minimize disruption to LNPPs existing operations, and that the production and distribution of edible cannabis products will continue with minimal interference to LNPPs’ operations. As always, we thank you for your cooperation and continued service to the qualified patients of New Mexico.