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HOUSE BILL 157
56
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2023
INTRODUCED BY
Andrea Reeb and William "Bill" R. Rehm
AN ACT
RELATING TO CANNABIS PRODUCT SAFETY; CLARIFYING CANNABIS
PACKAGING REQUIREMENTS PERTAINING TO CHILDREN'S SAFETY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 26-2C-17 NMSA 1978 (being Laws 2021
(1st S.S.), Chapter 4, Section 17) is amended to read:
"26-2C-17. CANNABIS PRODUCTS--PACKAGING AND
LABELING--DIVISION RULEMAKING.--
A. Cannabis or cannabis extract included in a
cannabis product that is manufactured in compliance with
applicable law is not considered to be an adulterant under
state law.
B. The division shall promulgate rules consistent
with industry standards for cannabis products that establish
labeling and packaging requirements, including that:
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(1) packages shall be opaque , resealable,
child-resistant, compostable and recyclable or made from
recycled materials;
(2) packages and labels shall not be designed
to be appealing to a child and shall not mimic the brand,
design, name, logo or colorway of a non-cannabis consumer
product of the type that is safe for child consumption;
(3) packages and labels shall not use cartoons
or symbols or images, including celebrity or celebrity
likeness, that are commonly used to market to minors; and
[(3)] (4) labels shall include:
(a) for a package containing only
cannabis leaf or flower, the net weight of cannabis in the
package;
(b) identification of the licensee or
licensees that produced or manufactured the cannabis product,
the date on which the cannabis was harvested, the type of
cannabis product and the date on which the cannabis product was
manufactured and packaged;
(c) potency and pesticide use;
(d) a list of pharmacologically active
ingredients;
(e) for cannabis products containing
non-cannabis ingredients, a list of all ingredients and a
disclosure of nutritional information for the product or
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cannabis extract disclosed in the same manner required under
federal law for nutritional labeling for food for human
consumption;
(f) a warning if nuts or other known
allergens are used in the item or in its manufacture;
(g) a logo designed by the division that
is distinctive in design, color, size and location such that
the logo notifies a reasonable person that the package contains
cannabis;
(h) a warning, including a pictorial
representation, that the cannabis product is not safe for child
consumption;
[(h)] (i) a warning of possible adverse
effects of consumption and the New Mexico poison and drug
information center phone number;
[(i)] (j) an expiration date; and
[(j)] (k) other information as required
by rules promulgated pursuant to the Cannabis Regulation Act."
SECTION 2. EFFECTIVE DATE.--The effective date of the
provisions of this act is August 1, 2023.
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