[7.34.4.25 NMAC - Rp, 7.34.4.14 NMAC, 2/27/2015 Rp. 7.34.4.22 NMAC, 

7.34.4.26 CANNABIS CONSUMPTION AREAS:

A. General provisions: The smoking, vaporizing, and ingestion of medical cannabis products by
quali?ed patients is permitted within cannabis consumption areas, designated by the department, that are located on
the premises of licensed non?pro?t producers. Cannabis consumption areas may only be operated by licensed non-
pro?t producers, at medical cannabis dispensary locations designated by the department. Alcohol is prohibited in
cannabis consumption areas. A licensed non-pro?t producer that operates a cannabis consumption area shall
comply with all applicable state and local laws, including but not limited to zoning, occupancy, licensing, and
building codes. Additionally, a licensed non-pro?t producer that operates a designated cannabis consumption area
shall:

(1) Restrict access to the cannabis consumption area to quali?ed patients and their primary
caregivers and authorized personnel of the non-pro?t producer;

(2) Ensure that consumption of cannabis in the cannabis consumption area is not visible ?'om
any public place or ?ow outside the cannabis consumption area; and

(3) Require that quali?ed patients who consume cannabis in a cannabis consumption area
either leave the non-pro?t producer's premises with a designated driver or utilize other lawful means of
transportation from the non-pro?t producer?s premises.

B. Application; operations plan: A licensed non-pro?t producer shall apply for and obtain prior
approval from the department before Operating a cannabis consumption area. The licensed non-pro?t producer shall
include an operations plan with its application that includes the following:

(1) Operating hours of the cannabis consumption area;

(2) Plan for limiting access to quali?ed patients and primary caregivers access and
veri?cation process;

(3) Security plan addressing overall security measures, including but not limited to plans for

video surveillance, ?re safety, public disturbances, re?isal of service, and emergency evacuation;

(4) Plan for ensuring that only quali?ed patients, primary caregivers, and authorized staff can
access cannabis consumption areas;

(5) Plan for educating patients and primary caregivers about the dangers of driving under the
in?uence of cannabis;

(6) Plan concerning disposal of wasted cannabis and cannabis-related paraphernalia;

(7) Plan concerning measures to limit potential allergic reactions by quali?ed patients and
primary caregivers who visit the cannabis consumption area;

(8) Plan to ensure that quali?ed patients who are minors are accompanied by their primary
caregiver at all times while on the premises of a cannabis consumption area;

(9) Attestation that access to cannabis consumption areas will be limited to quali?ed patients

and their primary caregivers and authorized personnel of the non-pro?t producer;

(10) Attestation that consumption of cannabis in the cannabis consumption area will not be
visible ?'om any public place or from outside the cannabis consumption area;

(11) Attestation that the non-pro?t producer will require that quali?ed patients who consume
cannabis in a cannabis consumption area either leave the non-pro?t producer?s premises with a designated driver
(who shall be identi?ed to the non-pro?t producer by the quali?ed patient or primary caregiver) or utilize other
lawful means of transportation from the non-pro?t producer's premises; and

(12) Such additional information or materials as the department may require.

C. Amended license: The licensed non-pro?t producer shall apply for amended licensure, and shall
obtain approval ?'om the department, at least 30 days prior to implementing any change of location of a cannabis
consumption area or any substantial change to any portion of the non-pro?t producer?s cannabis consumption area
operations plan.

[7.34.4.26 NMAC N, 

7.34.4.2? RECIPROCITY: An individual who holds proof of authorization to participate in the medical
cannabis program of another state of the United States, the District of Columbia, a territory or commonwealth of the
United States or a New Mexico Indian nation, tribe or pueblo may lawfully purchase and possess cannabis, provided
that the quantity of cannabis does not exceed the reciprocal limit identi?ed in this section.
A. Reciprocal participation:
(1) General requirements: A reciprocal participant:

7.34.4 NMAC 42

 may participate in the medical cannabis program in accordance with department
rules;

shall not be required to comply with the registry identi?cation card application
and renewal requirements established pursuant to this section and department rules;

shall at all times possess proof of authorization to participate in the medical
cannabis program of another state, the District of Columbia, a territory or commonwealth of the United States or a
New Mexico Indian nation, tribe or pueblo and shall present proof of that authorization when purchasing cannabis
from a licensee; and

shall register with a licensed non-pro?t producer for the purpose of tracking
sales to the reciprocal participant in an electronic system speci?ed by the department.

(2) Minors: In the event that a reciprocal participant is a minor, a licensed non-pro?t
producer shall not sell or transfer cannabis to the minor, but may sell or transfer cannabis to a parent or legal
guardian of the minor who holds proof of authorization to purchase cannabis on the minor?s behalf that was issued
by another state of the United States, the District of Columbia, a territory or commonwealth of the United States or a
New Mexico Indian nation, tribe or pueblo.

B. Reciprocal limit: A reciprocal participant may collectively possess within any three-month period
a quantity of usable cannabis no greater than 230 total units. For purposes of department rules, this quantity is
deemed the reciprocal limit. (For ease of reference: 230 units is equivalent to 230 grams, or approximately eight
ounces, of dried usable cannabis plant material.)

C. Registration; veri?cation; tracking: A licensed non-pro?t producer shall require the submittal
of a reciprocal participant?s contact information for registration purposes, to include the individual's ?rll name, date
of birth, mailing address, and the enrollment number speci?ed in the individual?s medical cannabis program
enrollment card (if applicable); and shall record that information in an electronic tracking system speci?ed by the
department. The licensed non-pro?t producer shall con?rm the accuracy of a reciprocal participant?s contact
information prior to the ?rst transaction of the reciprocal participant?s 60-day reciprocity period. A licensed non-
pro?t producer that registers a reciprocal participant or that sells or transfers cannabis or a cannabis product to a
reciprocal participant shall ?rst verify the reciprocal participant?s identity by viewing the individual?s proof of
authorization from the other state, territory or tribe, and also viewing the reciprocal participant?s government?issued
photo identi?cation card. A licensed non?pro?t producer that sells or otherwise transfers cannabis or a cannabis
product to a reciprocal participant shall track the sale or transfer using an electronic system speci?ed for that
purpose by the department.

D. Refusal of service: A non-pro?t producer that reasonably suspects that either a person?s proof of
authorization or identi?cation card is falsi?ed may refuse to dispense cannabis to cannabis to that individual.
E. Informational materials: At the time of a sale or transfer of cannabis to a reciprocal participant, a

non-pro?t producer shall provide informational materials to the reciprocal participant that include, at a minimum, a
notice of the time and quantity limits for reciprocity under this section, and a notice concerning state and federal
prohibitions against the transport of cannabis across state and international boundaries.

[7.34.4.27 NMAC N, 

7.34.4.28 ENFORCEMENT OF PARENTAL RESPONSIBILITY ACT:

A. The medical cannabis program?s approval of an employee of a non-pro?t producer or an approved
entity to work for such producer or approved entity may be suspended, and a request for an individual to be
approved to work for such a producer or approved entity may be denied, for failure of the approved employee or
prospective employee to comply with a judgment and order for child support issued by a district or tribal court or a
subpoena or warrant relating to paternity or child support proceedings, as provided in the Parental Responsibility
Act, Section 40-5A-l et seq., NMSA 1978.

B. Procedures for enforcement of the Parental Responsibility Act:

(1) List of obligors: The New Mexico human services department (HSD) will issue to the
medical cannabis program a certi?ed list of obligors (meaning persons who have been ordered to pay child support
pursuant to a judgment and order for support issued by a district or tribal court) not in compliance with their
judgment and order of support or a subpoena or warrant relating to paternity or child support proceedings.

(2) Notice of noncompliance: Upon determination by the medical cannabis program that the
name and social security number of an approved employee or prospective employee of a non-pro?t producer or an
approved entity appear on the certi?ed list of obligors, the medical carmabis program shall notify the approved
employee or prospective employee in writing. The medical cannabis program may send a cepy of the notice of
noncompliance to the non-pro?t producers or approved entities af?liated with the approved employee or prospective

7.34.4 NMAC 43