Cannabis Packaging Requirements: New Mexico

As the legalization of cannabis gains momentum across the United States, states are implementing strict regulations to ensure the safe and responsible use of cannabis products. New Mexico is no exception. With the recent passing of the Cannabis Regulation Act, the state has established comprehensive packaging requirements for all cannabis products sold in New Mexico. 

These requirements are designed to protect consumers from accidental ingestion, promote responsible use, and prevent unauthorized access by minors. In this blog, we will take a closer look at the cannabis packaging requirements in New Mexico and what they mean for cannabis businesses operating in the state.

Cannabis Legalization in New Mexico

Medical Cannabis

New Mexico legalized medical cannabis in 2007 with the passage of the Lynn and Erin Compassionate Use Act. This law allowed patients with certain qualifying conditions to use cannabis for medical purposes with a recommendation from a licensed healthcare provider. The law also established a system for the licensing and regulation of nonprofit producers who could grow and sell medical cannabis to qualified patients.

This made New Mexico one of the early adopters of medical cannabis legalization in the United States. Since then, the state's medical cannabis program has undergone several changes and expansions, including the addition of qualifying conditions and the legalization of cannabis extracts and edibles.

Recreational Cannabis

New Mexico legalized recreational cannabis on April 12, 2021, when Governor Michelle Lujan Grisham signed the Cannabis Regulation Act into law. This law allows for the possession, use, and purchase of cannabis by adults 21 and older for recreational purposes. The law also establishes a regulatory framework for the production, distribution, and sale of cannabis products and sets rules for advertising and packaging. 

The Cannabis Regulation Act includes provisions to promote social equity in the industry, such as allocating a percentage of licenses to communities disproportionately impacted by the war on drugs and providing training and technical assistance to help small businesses enter the market. The law also expunges some cannabis-related criminal records and provides protections for employees who use cannabis outside of work. While the act was signed into law in April of 2021, the sale of recreational cannabis in New Mexico did not begin until April 2022.

Who Controls Packaging and Labeling in the State?

The regulations for cannabis packaging in the state of New Mexico are controlled by the New Mexico Regulation and Licensing Department (RLD), specifically through its Cannabis Control Division (CCD). The CCD is responsible for overseeing and regulating the production, distribution, and sale of cannabis products in the state, including the packaging and labeling of these products. 

The CCD sets requirements for the types of packaging materials that can be used, the information that must be included on the packaging and labeling, and the design of child-resistant packaging. These regulations are designed to ensure the safety and well-being of consumers and to prevent unauthorized access to cannabis products by minors. Cannabis businesses in New Mexico must comply with these packaging regulations to operate legally in the state.

Packaging Requirements

The Cannabis Regulation Act in New Mexico sets forth comprehensive packaging requirements for all cannabis products sold in the state. Some of the key requirements include:

• Child-resistant packaging: All cannabis products must be packaged in child-resistant packaging to prevent accidental ingestion by children.

• Tamper-evident packaging: Packaging must be designed in such a way that any tampering is immediately evident to the consumer.

• Labeling requirements: The labeling of cannabis products must include the following information: the THC and CBD content, the name and address of the producer, a batch number, a warning label about the potential health effects of cannabis, and information about the recommended dosage.

• No cartoonish or attractive designs: Packaging cannot include any images or designs that are likely to appeal to minors, such as cartoon characters or bright colors.

• No false claims: Packaging cannot make false or misleading claims about the effects of cannabis or the health benefits of its use.

• No use of symbols associated with traditional smoking: Packaging cannot include symbols associated with traditional smoking, such as a cartoon depiction of a cigarette.

Overall, these packaging requirements are designed to protect consumers from accidental ingestion, promote responsible use, and prevent unauthorized access by minors.

Labeling Requirements

The Cannabis Regulation Act in New Mexico sets forth specific labeling requirements for all cannabis products sold in the state. Some of the key regulations include:

• THC and CBD content: The label must include the total THC and CBD content in the product.

• Producer information: The name and address of the producer must be included on the label.

• Batch number: Each batch of cannabis product must be assigned a unique identification number and that number must be included on the label.

• Warning label: The label must include a warning about the potential health effects of cannabis, including the risks of driving under the influence and the potential for addiction.

• Recommended dosage: The label must include information about the recommended dosage and method of consumption.

• Ingredients: The label must include a list of all ingredients in the product.

• Date of manufacture and expiration: The date of manufacture and expiration (if applicable) must be included on the label.

• No use of symbols associated with traditional smoking: Packaging cannot include symbols associated with traditional smoking, such as a cartoon depiction of a cigarette.
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• Universal symbol: Both medical and retail cannabis product labeling, marking, stamping, and imprinting shall include a logo specified by the state. The logo is pictured above.

Overall, the labeling requirements for cannabis products in New Mexico are designed to provide consumers with the information they need to make informed decisions about their use of cannabis products, while also ensuring their safety and well-being. Cannabis businesses in New Mexico must comply with these labeling regulations to operate legally in the state.

Penalties For Violating Packaging and Regulations

The penalties for violating cannabis packaging rules and regulations in New Mexico can vary depending on the severity of the violation. In general, violating packaging rules may result in regulatory action, including fines and the suspension or revocation of a license to operate a cannabis business. More serious violations, such as packaging products in a way that could harm consumers or intentionally marketing to minors, can result in criminal charges.

The Cannabis Regulation Act in New Mexico sets forth specific penalties for violating packaging rules and regulations, including fines ranging from $500 to $5,000 for the first offense and up to $10,000 for subsequent offenses. The Act also authorizes the Cannabis Control Division to take regulatory action against violators, such as issuing warnings, fines, or license suspensions or revocations.

In addition to these penalties, violating packaging rules and regulations can damage the reputation of a cannabis business and lead to a loss of customer trust. It is therefore important for businesses to take packaging rules and regulations seriously and ensure compliance to avoid negative consequences.

Trusted Packaging Providers

In conclusion, the cannabis packaging rules and regulations in New Mexico are in place to protect consumers and ensure the safe and responsible use of cannabis products. Cannabis businesses must comply with these rules and regulations to operate legally in the state, and failure to do so can result in penalties, fines, and even criminal charges. If you are a cannabis business owner in New Mexico, it is important to stay up-to-date on the latest packaging requirements to ensure compliance and protect your business. 

Reach out to the experts at S10 Labs for cannabis packaging requirements that are always state compliant. With their expertise and knowledge of the latest regulations, they can help ensure that your cannabis products are safely and attractively packaged in accordance with New Mexico law.