Standard Operating Procedures

February 4, 2023

 

TABLE OF CONTENTS

  1. PURPOSE 8
  2. SCOPE 8
  3. DEFINITIONS 8
  4. RESPONSIBILITIES 8
  5. NEW MEXICO STATE LAWS 8
  6. STANDARD OPERATING PROCEDURE 8

6.1 Creation of standard operating procedure 8

6.2 Notification of change(s) 9

6.3 Inspection by the Department 9

6.4 Licensure operating period 9

  1. PREMISES GENERALLY 9

7.1 Dispensary license display 9

7.2 Zoning and planning 9

7.3 Renovation 9

7.4 Security of premises 9

7.5 Consumption prohibited on the premises. 10

7.6 Occupational Safety 10

7.7 No sale of alcoholic beverages 10

  1. COMMERCIAL ACTIVITY 10

8.1 Commercial cannabis activity between licensees 10

  1. ACCESS TO RETAILER PREMISES 10

9.1 Access to the licensed premises 10

  1. VISITOR ACCESS 12

10.1 Creation of standard operating procedure 12

  1. GOVERNMENT INSPECTION 12

11.1 Licensee shall provide the division timely access to any material and information necessary for determining compliance with division rules or applicable laws. Failure by a licensee to provide the division access to the premises or materials may result in disciplinary action. 12

11.2 Creation of standard operating procedure 12

  1. RECORD RETENTION AND REPORTING 13

12.1 Notice of authorization 13

12.2 Notification of theft, loss, and criminal activity 14

12.3 Record retention 15

  1. ELECTRONIC MANIFEST SYSTEM 17

13.1 Chain of custody 17

13.2 Records 17

  1. CREATION OF MANIFEST 17

14.1 Shipping licensee 17

14.2 Shipping manifest entries 17

14.3 Storage of receipt 18

  1. RECEIPT OF PRODUCTS CONTAINING CANNABIS 18

15.1 Prohibited distribution and acquiring of cannabis 18

15.2 Copy of electronic manifest 18

15.3 Completed electronic manifest 18

15.4 Retention of electronic manifest 19

15.5 Shipment discrepancy 19

15.6 Void or change prohibited: 19

  1. TRANSPORTATION AGENT 19

16.1 Driver’s License 19

16.2 Clothing or symbols 19

  1. CANNABIS TRANSPORT VEHICLE 19

17.1 Transport Vehicle Requirements 19

  1. TRANSPORTATION OF PRODUCTS CONTAINING CANNABIS 20

18.1 The transportation of cannabis products shall only be conducted by persons holding a cannabis establishment license under the Cannabis Regulation Act or designated employees, or contractors, of a licensee. 20

18.2 Condition of the shipment 20

The transportation of cannabis and cannabis products shall be under conditions that will maintain and protect the cannabis products against physical, chemical, and microbial contamination as well as against deterioration of the cannabis products and the container. 20

18.3 Secure transportation company 20

18.4 Secure transportation container 20

18.5 Scheduling of shipment 20

18.6 Receiving shipment 20

  1. INSPECTION OF SHIPMENT 21

19.1 Inspection of shipment items 21

19.2 Inspection of cannabis 22

  1. CANNABIS FINISHED PRODUCTS PACKAGING 23

20.1 Packaging compliance 23

20.2 Exit packaging requirement 23

20.3 Finished product packaging requirement 23

20.4 Packaging prohibitions 23

20.5 Packaging language and text 24

20.6 Presence of cannabinoids and terpenes 24

20.7 Packaging zone designation 24

  1. CANNABIS GOODS DISPLAY 24

21.1 Inspection of cannabis goods 24

  1. DISCREPANCIES IN SHIPMENT 26

22.1 Discrepancies in shipment items 26

  1. HANDLING OF CANNABIS 26

23.1 Operation zone 26

23.2 Safe Handling 26

  1. INVENTORY TRACKING OF PRODUCTS CONTAINING CANNABIS 27

24.1 Inventory tracking 27

24.2 Stored inventory tracking 27

24.3 Significant discrepancy in inventory 28

  1. DIVERSION DETECTION AND PREVENTION 29

25.1 Anti-diversion systems and procedures 29

  1. STORAGE OF CANNABIS 34

26.1 Vault Room (Safe Room) 34

  1. SANITARY STORAGE OF CANNABIS 35

27.1 Maintain cleanliness 35

27.2 Contamination 35

27.3 Contaminated product 35

27.4 Storage of contaminated product 36

  1. DISPOSAL OF CANNABIS WASTE AND CONTAMINATED PRODUCT 36

28.1 Shipping licensee disposal of contaminated product 36

28.2 Receiving licensee disposal of contaminated product 37

28.3 Copy of electronic manifest 38

28.4 Completed electronic manifest 38

  1. EQUIPMENT SANITATION, ACCURACY AND MAINTENANCE LOGS 38

29.1 Sanitation of equipment 38

29.2 Calibration of equipment 38

29.3 Equipment maintenance and cleaning log 38

  1. CANNABIS GOODS FOR SALE 39

30.1 Sale of cannabis goods 39

30.2 Prohibition on packaging and labeling by a retailer 39

30.3 Cannabis goods packaging and exit packaging 39

  1. SALE OF NON-CANNABIS GOODS 40

31.1 Non-cannabis goods for sale 40

  1. DAILY LIMITS 40

32.1 Cannabis goods for sale 40

  1. FREE CANNABIS GOODS 41

33.1 Prohibition on free cannabis goods 41

  1. RETURN OF CANNABIS GOODS 41

34.1 Accepted return of cannabis goods 41

  1. PROVIDED INFORMATION 41

35.1 Consult customer 41

35.2 Non-immunity of penalties 42

  1. DISPENSING OF PRODUCTS CONTAINING CANNABIS 43

36.1 Analytical testing 43

36.2 Verification to dispense 43

36.3 Counseling and education 43

36.4 Products sold 44

  1. MEDICAL CANNABIS 45

37.1 Recommendation to use medical cannabis 45

37.2 Qualified patient caregiver 45

37.3 Qualified patient purchase limits 45

37.4 Identification card 45

37.5 Medical patient check-in 46

  1. DECLINE TO DISPENSE 46

38.1 Inebriated Customer 46

  1. SAMPLE DISTRIBUTION 47

39.1 Sample distribution not authorized 47

  1. ACCEPT DISPENSED CANNABIS 47

40.1 Qualified customer 47

  1. CASH HANDLING 47

41.1 Cash management 47

  1. DISPENSARY AGENT REQUIREMENTS 49

42.1 Age requirement 49

42.2 Moral character 49

42.3 Badge requirement 49

  1. DISPENSARY AGENT TRAINING 49

43.1 Training of dispensary agents 49

43.2 Training of dispensary agent standards 50

43.3 Emergency planning 50

43.4 Emergency drills 52

43.5 Emergency response coordinator 52

43.6 Cannabis science training 53

43.7 Ongoing cannabis science training 53

43.8 Training materials and attendance records 53

  1. ALCOHOL AND DRUG FREE WORKPLACE POLICY 53

44.1 Dispensary agent declaration 53

44.2 Personnel record 53

44.3 Workplace free of drug and alcohol abuse 53

44.4 Notification statement 54

44.5 Violation of statement 54

44.6 Termination 54

  1. DISPENSARY AGENT IDENTIFICATION CARDS 55

45.1 Identification card 55

45.2 Identification card visibility 55

45.3 Identification card renewal 55

45.4 Identification card replacement 55

  1. TERMINATION OF A DISPENSARY AGENT 55

46.1 Termination 55

46.2 Notify Department 55

  1. RECEIPT AND DOCUMENTATION OF COMPLAINTS AND ADVERSE EVENTS 55

47.1 Creation of receipt and documentation procedure 55

  1. REPORT OF SERIOUS ADVERSE EVENT TO INTERESTED PARTIES 56

48.1 Interested parties 56

  1. COMPLAINT INVESTIGATION BY DISPENSARY 56

49.1 Quality or safety of cannabis 56

49.2 Failure to meet the specification 57

49.3 Deviation from the standard operating procedure 57

  1. CUSTODY OF RETURNED OR RECALLED MATERIAL 57

50.1 Customer return of cannabis product 57

50.2 Notification to the Division 58

50.3 Storage of recalled product 58

50.4 Disposal of material 58

  1. IMPACT ON SURROUNDING COMMUNITY 58

51.1 Minimize negative impacts on surrounding community 58

51.2 Distance from sensitive groups 58

51.3 Prevention of loitering 58

  1. SECURITY AND LAW ENFORCEMENT 59

52.1 Security and Law Enforcement cooperation 59

52.2 Licensee shall ensure it incorporates security requirements as set out in NMAC 16.8.2.10 et seq, to ensure that the premises and limited-access areas, including the vault, are secure. 59

  1. ONSITE SECURITY 59

53.1 Security presents 59

53.2 Security intervention 59

  1. SECURITY SYSTEM OPERATION 60

54.1 Operation of security system 60

  1. SECURITY LEVELS 60

55.1 Security levels of dispensary agents 60

  1. SECURITY LIGHTING 62

56.1 Ensure proper surveillance 62

  1. SECURITY ALARM SYSTEMS 62

57.1 Perimeter entry points 62

57.2 Panic alarm devices 62

57.3 Secondary alarm system 63

57.4 Security alarm system continued operation 63

57.5 Security alarm system auxiliary power 63

All security alarm systems are equipped with auxiliary power sufficient to maintain operation for at least 48 hours. 63

57.6 Monthly maintenance inspection 63

  1. VIDEO SURVEILLANCE REQUIREMENTS 63

58.1 Surveillance recording system 63

58.2 Advising visitors of video surveillance 64

58.3 Video surveillance of exits 64

58.4 Video surveillance of entrance 64

58.5 Video surveillance records storage 64

58.6 Video surveillance recordings 64

58.7 Security and surveillance systems 64

58.8 Security and surveillance equipment 64

58.9 Fire alarm system 64

58.10 Panic alarm system 65

58.11 Failure Notification System 65

58.12 Department or law enforcement agency access 65

  1. STORAGE USE AND HANDLING OF HAZARDOUS MATERIALS 65

59.1 Storage hazardous chemicals 65

59.2 Safe handling of hazardous chemicals 66

  1. LICENSED DISPENSARY PREMISES ORGANIZATION 66

60.1 Division of zones 66

60.2 Public zone 66

60.3 Limited Access Area 67

60.4 Zone Restriction 67

60.5 Reporting of Unauthorized Access 67

60.6 Zone signage 68

60.7 Secure zone access points 68

60.8 Secure zone systems 68

60.9 Secure room 69

60.10 Secure inventory 69

  1. APPLICABLE REFERENCES 69

 

 

  • PURPOSE

Standard Operating Procedures in accordance to the cannabis rules and regulations of New Mexico, including the Cannabis Control Department. 

 

  • SCOPE

Ensure procedure for licensed dispensary operation is clearly defined for all dispensary agents in accordance with the Cannabis Control Department regulation.

 

  • DEFINITIONS

Dispensary Manager – Ensure Dispensary Agent and all other staff members adherence to standard operations and procedures in accordance with the Cannabis Control Department regulation.

Licensee – A licensed dispensary.

Receiving Licensee – Licensee that receives the shipment. Shipping licensee – Licensee that initiates the shipment.

  • RESPONSIBILITIES

Dispensary Manager – Ensure Dispensary Agent and all other staff members adherence to licensed dispensary standard operations and procedures in accordance with the Department.

 

  • NEW MEXICO STATE LAWS

Medical marijuana became legal in New Mexico in 2007 under Senate Bill 523, also known as The Lynn and Erin Compassionate Use Medical Marijuana Act. The law was signed by Governor Bill Richardson on April 2 and went into effect on July 1, 2007. The New Mexico Department of Health (NMDOH) is responsible for overseeing the medical cannabis program.

The NMDOH originally promulgated regulations in 2008 and revised those rules in 2010. According to current rules, approved New Mexico patients may possess up to eight ounces of flower or buds. Qualified patients may also designate a primary caregiver to manage their wellbeing. The state issues mandatory ID cards for both patients and caregivers

New Mexico approved cannabis for all adults 21 and over in April 2021, and the law will go into effect June 29, 2021. Adults will be allowed to purchase and possess 2 ounces (56 grams) of cannabis, and homegrow 6 plants per person, or 12 per household.

 

  • STANDARD OPERATING PROCEDURE

  • Creation of standard operating procedure

A licensee shall:

  • Establish standard operating procedures for all aspects of the receipt, storage, packaging, labeling, handling, tracking and dispensing of products containing cannabis and cannabis waste;

 

GREEN MINDED HOLDINGS LLC PG. 10 OF 76
STANDARD OPERATING PROCEDURES

 

  • Use BIOTRACK perpetual inventory control through point-of-sale system that identifies and tracks the licensee’s stock of cannabis from the time it is delivered or produced to the time it is delivered to another licensee, a licensed grower, or a customer;
  • Train each dispensary agent in the standard operating procedure and retain attendance records.
  • Notification of change(s)

Licensee shall notify Division in the event there is a material or substantial changes requiring approval, which changes include:

  1. increase or decrease in the size of the premises, including the sale of property used for the cannabis establishment, the purchase of additional property for the use of the cannabis establishment, or a change in the location of the cannabis establishment;

  2. change to a license’s security system, including relocation or security points or installation of a new security system; or

  3.  modification of the premises to relocate cannabis activities.

  • Inspection by the Department

A copy of the most recent revision of standard operating procedure shall be available on site for inspection by the Cannabis Control Department.

  • Licensure operating period

The licensure period of a license shall be from the date of approval of the license application for a period of 12 months. Upon the expiry of the period, licensee shall apply for renewal of the license pursuant to 16.8.11 NMAC. 

 

  • PREMISES GENERALLY

  • Dispensary license display

Upon issuance of any license granted by the Department, the license shall be prominently displayed on the licensed premises where the licensee is authorized to operate where it can be viewed by state and local agencies and within plain sight of the public at all times.

  • Zoning and planning

The premises and operations of a licensee shall conform to all local zoning and planning requirements.

  • Renovation

No major renovation or modification may be undertaken without notification to the Department.

  • Security of premises

The premises of a licensee is constructed to prevent unauthorized entry

  • Consumption prohibited on the premises. 

There shall be no consumption of cannabis products on or within the premises unless the licensee obtains an approval for a cannabis consumption area.

  • Occupational Safety

Licensees shall comply with the Occupational Health and Safety Act, Section 50-9-1 et seq., NMSA 1978 and any associated rules.

  • No sale of alcoholic beverages

There shall be NO sale of any alcoholic beverage on the premises. 

 

  • COMMERCIAL ACTIVITY

  • Commercial cannabis activity between licensees

All commercial cannabis activity shall be conducted between licensees.

  • All cannabis products purchased for dispensary shall be from pre-verified licensees:
    • Inspect prospective licensees license number for validity with the NMRLD prior to engaging in commercial cannabis activities:
  • Licensees shall not conduct commercial cannabis activities on behalf of, at the request of, or pursuant to a contract with any person who is not licensed under the Act.
  • A licensed retailer shall not sell more than the following amounts at one time to a single commercial cannabis customer: (a) two ounces of cannabis; (b) sixteen grams of cannabis extract; (c) eight hundred milligrams of edible cannabis; and (d) six immature cannabis plants.

 

  • ACCESS TO RETAILER PREMISES

  • Access to the licensed premises

Access to the licensed of a retailer shall be limited to individuals who are at least 21 years of age or 18 years or older with a valid qualified patient, primary caregiver, or reciprocal participant registry identification card from the department of health medical cannabis program.

 

  • At the entrance of the retail area:
    • All persons entering the retail area shall present identification to security or dispensary agent;
    • Security or dispensary agent must verify they are at least 21 years of age in order to grant access to the retail area (18 years or older for medical).
  • Individuals shall be granted access to the retail area to purchase cannabis goods only after the retailer or an employee of the retailer has confirmed the individual’s age and identity.
    • Acceptable forms of identification include one of the following:
      • A document issued by a federal, state, county, or municipal government, or a political subdivision or agency thereof, including, but not limited to, a valid motor vehicle operator’s license, that contains the name, date of birth, height, gender, and photo of the person; 
      • A valid identification card issued to a member of the Armed Forces or a tribe that  includes the person’s name, date of birth, and photo;
      • A valid passport issued by the United States or by a foreign government.
  • Once the age of person(s) is verified:
    • Check customer in to the point of sale system using mobile application;
    • Verify that information presented in the point of sales system customer profile is correct;
    • Enter applicable customer information (at customer discretion) not collected from identification card into the customer profile:
      • Email address;
      • Phone number.
  • The licensed retailer or at least one employee shall be physically present in the retail area at all times when individuals who are not employees of the licensed retailer are in the retail area.
  • All sales of cannabis goods must take place within the retail area of the retailer’s licensed premises, except for cannabis goods sold through delivery.
  • A licensed retailer shall sell cannabis goods only between the hours agreed upon by the department and local governing zoning laws:
    • Hours of operation may be:
      • 10:00 a.m. – 8:00 p.m. daily.
  • The licensed premises shall be securely locked with commercial-grade, nonresidential door locks:
    • At the close of business security personnel shall:
      • Ensure all points of entry are locked and secured to prevent unauthorized entry of premises.
    • The licensed premises is equipped with an active alarm system which shall be activated when the licensed retailer or its employees are not on the licensed premises.
      • At the close of business security personnel shall:
        • Ensure all alarm panels are activated to the armed setting to indicate unauthorized entry.
  • Only authorized employees of the licensee and other authorized individuals are allowed access to the licensed premises during nonoperational hours.
    • Authorized individuals include outside vendors, contractors, or other individuals conducting business that requires access to the limited-access areas.
  • An individual who enters the limited-access area and is not employed by the licensee shall be:
    • Pre-approved and scheduled by an employee of the licensee;
    • Escorted by an employee of the licensee at all times while within the limited-access area;
    • Informed they cannot touch or handle cannabis or products containing cannabis;
    • Recorded as a visitor. (SEE Limited Access Area SOP and Badge Requirements SOP)

 

  • VISITOR ACCESS

  • Creation of standard operating procedure

All visitors to the non-public area of the dispensary will be logged in and out of the premise by a dispensary agent. When a visitor is admitted to a non-public area of the premises of a licensee, a dispensary agent shall:

  • Log the visitor in and out using tamper-evident logbooks that document the movement of persons to and from the operations zones;
  • Log information regarding the visit;
    • Name of the visitor;
    • Time of arrival;
    • Visitors company or affiliation;
    • Time of departure;
    • Name of dispensary agent accompanying visitor;
  • Continuously escort all visitors who enter non-public areas of the premises at all times;
  • Visitors admitted to a non-public area of the premises of a Licensee, a dispensary agent shall ensure that the visitor does not touch any cannabis;

 

o Visitors shall be informed they cannot touch or handle cannabis or products containing cannabis and must wear their visitor badge at all times. 

 

  • GOVERNMENT INSPECTION

      1. Licensee shall provide the division timely access to any material and information necessary for determining compliance with division rules or applicable laws. Failure by a licensee to provide the division access to the premises or materials may result in disciplinary action.

  • Creation of standard operating procedure

In the occurrence of a government inspection, dispensary agent shall:

  • Be present for inspection;
  • Validate identification of government inspectors;

o Retain photocopy of government issued identification and credentials in secure server or in offsite secure backup storage as an electronic and or paper log of all visitors to non-public areas;

  • Continuously visually supervise inspectors who enter non-public areas of the premises at all times;
  • Provide supervised access to inspectors to:
  • Premises;
  • Operation zones;
  • Point of sale system;
  • Cash management system;
  • Equipment and materials;
  • Records;
  • Files;
  • Financial information;
  • Sales;
  • Shipping information;
  • Pricing;
  • Employee files;
  • Other files and information requested;
  • Record each zone the inspector entered.

 

  • RECORD RETENTION AND REPORTING

  • Notice of authorization

Notification of Criminal Acts, Civil Judgments, Violations of Labor Standards, and Revocation of a Local License, Permit, or Other Authorization After Licensure.

 

  • A licensee shall ensure that the Department is notified in writing of a criminal conviction of any owner, either by mail or electronic mail, within 7 days of the conviction.
  • Upon discovering a criminal conviction of any owner, the licensee shall notify the Department by written notification via mail or electronic mail which shall include:
    • Date of conviction;
    • Court docket number;
    • Name of the court in which the licensee was convicted;
    • Specific offense(s) for which the licensee was convicted.
  • A licensee shall ensure that the Department is notified in writing of a civil penalty or judgment rendered against the licensee or any owner in their individual capacity, either by mail or electronic mail, within 7 days of delivery of the verdict or entry of judgment, whichever is sooner.
    • Upon discovering a civil penalty or judgment rendered against the licensee or any owner shall notify the Department by written notification via mail or electronic mail which shall include:
      • Date of verdict or entry of judgment;
      • Court docket number;
      • Name of the court in which the matter was adjudicated;
      • Description of the civil penalty or judgment rendered against the licensee.
  • A licensee shall ensure that the Department is notified in writing of an administrative order or civil judgment for violations of labor standards against the licensee or any owner in their individual capacity, either by mail or electronic mail, within 7 days of delivery of the order.
    • Upon discovering administrative order or civil judgment for violations of labor standards against the licensee or any owner shall notify the Department by written notification via mail or electronic mail which shall include:
      • Date of the order;
      • Name agency issuing the order;
      • Description of the administrative penalty or judgment rendered against the licensee;
  • A licensee shall ensure that the Department is notified in writing of the revocation of a local license, permit, or other authorization, either by mail or electronic mail, within 7 days of receiving notice of the revocation.
    • Upon discovering the revocation of a local license, permit, or other authorization the licensee shall notify the Department by written notification via mail or electronic mail which shall include:
    • Name of the local agency involved;
    • Written explanation of the proceeding or enforcement action;
    • Specific violation(s) that led to revocation.
  • Notification of theft, loss, and criminal activity

A licensee shall notify the Department and local law enforcement of theft, loss, and/or criminal activity.

  • A licensee shall notify the Department and local law enforcement within 24 hours of discovery of any of the following situations:
    • The licensee discovers a significant discrepancy;

 

  • The licensee discovers diversion, theft, loss, or any other criminal activity pertaining to the operations of the licensee;
  • The licensee discovers diversion, theft, loss, or any other criminal activity by an agent or employee of the licensee pertaining to the operations of the licensee;
  • The licensee discovers loss or unauthorized alteration of records related to cannabis goods, customers, or the licensee’s employees or agents;
  • The licensee discovers any other breach of security.
  • The notification to the Department pursuant to subsection (a) of this section shall be submitted to the Department, which shall include:
    • Date and time of occurrence of the theft, loss, or criminal activity;
    • Name of the local law enforcement agency that was notified;
    • Description of the incident including, where applicable, the item(s) that were taken or lost.
  • Record retention

A licensee shall notify the Department and local law enforcement of theft, loss, and/or criminal activity.

  • A licensee shall notify the Department and local law enforcement within 24 hours of discovery
  • The licensee shall keep and maintain the following records related to commercial cannabis activity for at least five years in digital and/or hard copy versions which may include:
  • Accountant of the licensee is responsible for maintaining financial records including, but not limited to:
    • Bank statements;
    • Sales invoices;
    • Receipts:
    • Tax records;
    • Any records required by the New Mexico Department of Taxation and Revenue.
  • Hiring manager of the licensee is responsible for maintaining personnel records:
    • Including each employee’s full name;
    • Social security or individual tax payer identification number;
    • Date employment begins;
    • Date of termination of employment if applicable.
  • Hiring manager of the licensee is responsible for maintaining training records including, but not limited to:
    • Content of the training provided;
    • Names of the employees that received the training with signatures;
  • Inventory manager of the licensee is responsible for maintaining contracts with other licensees regarding commercial cannabis activity;
  • General manager of the licensee is responsible for maintaining permits, licenses, and other local authorizations to conduct the licensee’s commercial cannabis activity.
  • General manager of the licensee is responsible for maintaining security records, except for surveillance recordings required.
  • Inventory manager of the licensee is responsible for maintaining records relating to the composting or destruction of cannabis goods.
  • Inventory manager or general manager of the licensee is responsible for maintaining documentation for data or information entered into the track and trace system.
  • The licensee is responsible for maintaining all other documents prepared or executed by an owner or their employees or assignees in connection with the licensed commercial cannabis business.
  • All required records shall be prepared and retained in accordance with the following conditions:
    • Records shall be legible;
    • Records shall be stored in a secured area where the records are protected from debris, moisture, contamination, hazardous waste, fire, and theft:
  • All records shall be stored digitally in document control system;
  • File cabinets located within locked and secured areas of or adjacent to the licensed premises.

 

  • The Department may make any examination of the books and records of any licensee as it deems necessary to perform its duties under the Act.
    • The licensee shall grant the Department access to and make available any books and records requested by the Department.
  • All records are subject to review by the Department any time the licensee is exercising the privileges of the license or at any other time as mutually agreed to by the Department and the licensee.
    • Prior notice by the Department to review records is not necessary:
      • A manager of the licensee or the licensee shall be available to accommodate requests for review by the Department during operational hours.
    • The Department may review records outside of the licensee’s standard daily business hours.
      • A manager of the licensee or the licensee shall provide copies of records requests for review by the Department to review outside of the licensee’s standard daily business hours.
    • Records shall be kept in a manner that allows records to be produced for the Department immediately upon request at the licensed premises in either hard copy or electronic form, whichever the Department requests.
      • Access to document control systems and hard copy record filing systems shall be accessible by members of management of the licensee.

 

  • ELECTRONIC MANIFEST SYSTEM

  • Chain of custody

A licensee shall use the BIOTRACK electronic manifest system to record the chain of custody for the shipment of products containing cannabis. Licensee shall also adopt, maintain, and enforce security requirements to ensure security and the safety of cannabis and cannabis products and transport personnel.

  • Records

An electronic manifest system will include a chain of custody that records:

  • The originating location of the cannabis or cannabis products
  • The time and date of transfer of the cannabis or cannabis products;
  • The size, number of boxes, and number of pieces of cannabis or cannabis products;
  • The internal batch or lot numbers, and if different, the track and trace batch or lot numbers;
  • A dated signature of the person receiving the cannabis or cannabis products and;
  • For cannabis samples, in addition to the above, he types of containers, mode of collection, the authorized individual who collected the sample, the date and time of collection, preservation and requested analysis of the sample;

.

 

  • CREATION OF MANIFEST

  • Shipping licensee

  • An electronic manifest shall be created by the shipping licensee for each shipment of products containing cannabis.
  • A shipping manifest, sales invoice, and chain of custody form shall accompany every transport of cannabis products.
  • vehicles and trailers transporting cannabis or cannabis products are subject to inspection by the division at any licensed premises or during transport at any time;
  • when engaged in the transportation of cannabis or cannabis products, a licensee shall only travel between licensees shipping or receiving cannabis or cannabis products and its own licensed premises;
  • Shipping manifest entries

Prior to transporting cannabis or cannabis products, a licensee shall generate a shipping manifest through the track and trace system for the following activities:

  • testing and sampling of cannabis or cannabis products;
  • sale of cannabis or cannabis products to a licensee;
  • destruction, wastage, or disposal of cannabis or cannabis products; and
  • any other activity, as required by the division or any other government authority

Licensee shall ensure and verify that the cannabis products being taken into possession for transport at the originating licensed premises are described and accurately reflected in the shipping manifest.

The Licensee transporting the Cannabis or Cannabis products shall be responsible for any discrepancies between the shipping manifest and the cannabis products in its possession during transport.

  • Storage of receipt

The shipping licensee shall store receipt of manifest:

  • Point of sale system and BIOTRACK shall track every item that comes in or out of the licensed premises that can effectively and efficiently track all cannabis from time of delivery to the time of sale;
  • Each receipt for shipment of cannabis shall be copied and stored as an electronic copy in offsite storage for at least 5 years.

 

  • RECEIPT OF PRODUCTS CONTAINING CANNABIS

  • Prohibited distribution and acquiring of cannabis

A licensee that dispenses cannabis to a customer may not:

  • Acquire cannabis from an individual or entity in New Mexico other than a licensee;

 

  • Acquire cannabis from outside of New Mexico;
  • Transport cannabis to any place outside of New Mexico.
  • All commercial cannabis activity shall be conducted between licensees.
  • All cannabis products purchased for dispensary shall be from pre-verified licensees:
  • Inspect prospective licensees license number for validity at the Cannabis Control Division License Search prior to engaging in commercial cannabis activities:
    • https://ccd.rld.state.nm.us/
  • Licensees shall not conduct commercial cannabis activities on behalf of, at the request of, or pursuant to a contract with any person who is not licensed under the Act.
  • Accept any cannabis products that are not on the shipping manifest
  • Accept any cannabis products that are less than or greater than the amount reflected on the shipping manifest, with the exception of marginal weight difference due to curing during transport.
  • Copy of electronic manifest

The transportation agent shall provide a copy of the electronic manifest for the shipment to the receiving licensee.

  • Completed electronic manifest

The receiving licensee shall provide the completed electronic manifest to the shipping licensee.

  • Retention of electronic manifest

The shipping licensee shall retain a copy of the electronic manifest for the shipment in document storage system.

  • Shipment discrepancy

Discrepancy in the Shipment:

  • Licensees shall not take into possession or transport:
  • Any cannabis or cannabis products that are not on the shipping manifest; or;
  • Any cannabis or cannabis products that are less than or greater than the amount reflected on the shipping manifest, with the exception of marginal weight difference due to curing during transport.
  • Responsibility for discrepancy
  • The licensee transporting the cannabis or cannabis product is responsible for any discrepancies between the shipping manifest and the cannabis or cannabis products in its possession during transport, and subject to any enforcement or disciplinary action related to such discrepancy

 

  • Void or change prohibited:

Licensees shall not void or change a shipping manifest after departing from the originating licensed premises.

 

  • TRANSPORTATION AGENT

  • Driver’s License

A transportation agent driving a cannabis transport vehicle shall have a current driver’s license.

  • Clothing or symbols

While on duty, a transportation agent may not wear any clothing or symbols that may indicate ownership or possession of cannabis.

 

  • CANNABIS TRANSPORT VEHICLE

  • Transport Vehicle Requirements

A cannabis transport vehicle:

  • Shall have and display current registration from the State and be insured as required;
  • Cannabis or cannabis products shall be locked in a box, container, or cage that is secured to the inside of the vehicle or trailer, including when such a box, container, or cage is located inside of the trunk;
  • Vehicles shall have a vehicle alarm system;
  • Under no circumstances may alcoholic beverages be transported with cannabis or cannabis products;
  • May not display any sign or illustration related to cannabis or a licensee;
  • vehicles and trailers shall be locked and secured while left unattended;
  • A vehicle or trailer containing cannabis products unattended in a residential area.

 

  • TRANSPORTATION OF PRODUCTS CONTAINING CANNABIS

      1. The transportation of cannabis products shall only be conducted by persons holding a cannabis establishment license under the Cannabis Regulation Act or designated employees, or contractors, of a licensee.

  • Condition of the shipment

The transportation of cannabis and cannabis products shall be under conditions that will maintain and protect the cannabis products against physical, chemical, and microbial contamination as well as against deterioration of the cannabis products and the container.

  • Secure transportation company

Either a secure transportation company initiated by shipping licensee or a shipping licensee shall transport products containing cannabis to the receiving licensee.

  • Secure transportation container

Transport products containing cannabis to the receiving licensee shall be contained in a nondescript container.

  • The max amount of cannabis to be shipped shall be no more than thirty pounds per delivery;
  • The max amount of cannabis or infused products containing cannabis to be shipped shall be no more than the value of $50,000.00;
  • Scheduling of shipment

The shipping licensee shall schedule each shipment of products containing cannabis:

 

  • If possible, scheduling of shipment during daylight hours;
  • Scheduling shall be verified by dispensary management of receiving licensee;
  • Within 24 hours of shipment;
  • Shipping licensee shall contact dispensary management within a 10 minute window of arrival.
  • Receiving shipment

Upon arrival, security personnel shall:

  • Verify arrival shipping licensee vehicle;
  • Verify the shipping licensee driver by inspecting;
  • BIOTRACK manifest, Chain of Custody, and Sales Invoice;
  • Identification;
    • Driver’s License;
    • Employee Badge;
  • Communicate arrival shipping licensee vehicle to inventory management;
  • Monitor and guide shipping licensee vehicle to inventory intake bay;
  • Surveil surrounding area for possible threats;
  • If no threat was identified, communicate to inventory management that it is safe to open delivery bay door;

o Prior to opening the delivery bay door, inventory personnel must ensure the entrance to the operation zone (intake room) is closed and locked;

  • Once delivery bay door is open, security personnel follows delivery vehicle into delivery bay;
  • Inventory management closes and secures the delivery bay door once the delivery vehicle is parked.
  • Inventory management and security personnel lead the products contained in the shipment and delivery driver to the operation zone (intake room);

o Inventory management and security personnel must ensure that the entrance to the operation zone (secure inventory) is closed and locked during intake;

  • Security personnel shall monitor the intake of products contained in the shipment;
  • Once intake process is complete, security personnel (#1) shall communicate with security personnel (#2) at main entrance to surveil surroundings for possible threats outside the delivery bay door;
  • If no threat was identified, security personnel (#1) shall open the delivery bay door to allow the delivery vehicle to exit the delivery bay;

 

o Prior to opening the delivery bay door, security personnel (#1) must ensure the entrance to the operation zone (intake room) is closed and locked;

  • Security personnel (#2) shall monitor and guide the delivery vehicle to the exit of the premises then return to post at main entrance;
  • Security personnel (#1) shall close and lock the delivery bay door;
  • Communicate to inventory management that premises is secure;
  • Inventory manager grants access to security personnel (#1) to the operation zone (intake room).
  • Security personnel shall return to post.

 

  • INSPECTION OF SHIPMENT

  • Inspection of shipment items

The contents of the shipment will be checked for accuracy as described in the electronic manifest:

  • Each individual package will be inspected for damage, opened package seals or incorrect or modified label information in comparison to the description in the electronic manifest;
  • Incorrect or modified label information in comparison to the description in the electronic manifest will be communicated with shipping licensee;
  • Incorrect or modified label information in comparison to the description in the electronic manifest will be corrected by shipping licensee prior to accepting custody of product by dispensary licensee;
  • Checking for damage, incorrect labeling, signs of attempted opening or broken seals, incorrect travel manifest and any other information that might indicate compromised shipment integrity;
  • All confirming information will be recorded in the electronic manifest;
  • All items in the shipment will be segregated from the inventory until each item is inspected to ensure undamaged, accurate, and complete packaging and labeling;
  • Once an item passes inspection, the receiving agent shall enter products containing cannabis into the inventory control system and release the items into normal inventory.
  • Inspection of cannabis

Quality inspection process for all shipments received at the licensed premise shall require:

  • Close inspection of quality markers of each item within the shipment (if available);
  • Vibrancy of vegetation;
  • Integrity of trichomes;
  • Amount of leaves left on flower;
  • Amount of stem left on flower;
  • Amount of loose material;
  • Vibrancy of aroma;
  • Close inspection of contaminate markers of each item within the shipment;
  • Discoloration of vegetation;
  • Lack of trichomes;
  • Brittle vegetation;
  • Visible mite webs;
  • Visible mite damage;
  • Visible debris;
  • Visible mold or fugus;
  • Lack of aroma;
  • Any package that shall be opened to further determine and confirm product quality will be moved to the specific inspection area located within the secure room;
  • Any package received by licensee shall be tested by a third-party independent testing laboratory;
  • Record of certificate of analysis from a third-party independent testing laboratory shall presented to the receiving licensee prior to the shipment of package;
  • Any information on the product regarding cannabinoid content or any other testing results provided by a licensed, third-party independent testing laboratory will be reviewed and scrutinized.

 

  • CANNABIS FINISHED PRODUCTS PACKAGING

  • Packaging compliance

A licensed dispensary may only distribute cannabis in packaging and labeling that complies with Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act and division rules

  • Exit packaging requirement

An exit package containing cannabis for distribution to a customer must;

  • Be plain;
  • Be opaque;
  • If requested by the customer, be child-resistant;
  • Supply customer with child-resistant bag;

 

  • Finished product packaging requirement

A package of cannabis for distribution to a customer must;

  • Identify the licensee that produced and distributed the cannabis finished product or that grew the cannabis in the package;
  • Bear a finished-product lot number;
  • Bear a finished-product lot number and an expiration date;

o Expiration date must be 6 months away or more from the intake date.

  • Bear a clear warning to keep the package and its contents away from children;
  • Bear the New Mexico Poison Control Center emergency telephone number;
  • Bear the telephone number of the shipping licensee to call to report an adverse customer event;
  • Bear the telephone number of the dispensing licensee to call to report an adverse customer event;
  • If applicable, bear any allergen warning or nutrition labeling required by law;
  • If applicable, bear a listing of the non-cannabis ingredients;
  • Bear a conspicuous itemization, including weight, of all cannabinoid and terpene ingredients specified for the product;
  • Packaging prohibitions

A package of cannabis for distribution to a customer may not:

  • Bear any resemblance to the trademarked, characteristic or product-specialized packaging of any commercially available candy, snack, baked good or beverage;
  • Bear any statement, artwork or design that could reasonably mislead any person to believe that the package contains anything other than a cannabis finished product;
  • Bear any seal, flag, crest, coat of arms, or other insignia that could reasonably mislead any person to believe that the product has been endorsed, manufactured, or used by any State, county or municipality or any agency thereof;
  • Bear any cartoon, color scheme, image, graphic or feature that might make the package attractive to children.
  • Packaging language and text

Information printed on the package must be in English, in letters at least one-sixteenth of an inch high.

  • Presence of cannabinoids and terpenes

If a statement of the presence of any cannabinoid is expressed as a percentage of the total weight of the contents and the concentration of the cannabinoid and terpenes is less than 1 percent, the percentage must be written with a leading zero before the decimal point.

 

  • Packaging zone designation

At a licensed dispensary, cannabis may only be prepared or re-packaged for display in the safe room, a limited access area, that is designed, maintained, and used exclusively for such purposes. 

 

  • CANNABIS GOODS DISPLAY

  • Inspection of cannabis goods

Cannabis goods for inspection and sale shall only be displayed in the retail area.

  • Once cannabis goods are allocated for display the product shall be kept in the display table for display purposes only except when being inspected by customers or until it is destroyed.
  • Cannabis goods may be removed from their packaging and placed in tethered containers to allow for customer inspection.
    • The containers shall not be readily accessible to customers without assistance of retailer personnel.
    • The licensed retailer shall remain with the customer at all times that the container is being inspected by the customer.
  • A container shall be tethered to the display table to allow customers to view the product freely.
  • Cannabis goods on display may remain in original packaging for customer inspection;
  • Customers may not remove any raw cannabis goods from the original packaging or display container during inspection.
  • Display containers shall be monitored by dispensary agents at all times during operational hours.
  • Merchandising and maintaining display table
  • Merchandising and maintaining display walls
  • Digital display of cannabis products
  • Disposal of cannabis display products

Cannabis goods removed from their packaging for display shall not be sold, shall not be consumed, and shall be destroyed when the cannabis goods are no longer used for display.

  • Record amounts to be disposed using point of sale system and record in BIOTRACK:
    • Licensees shall notify the division of the wastage of cannabis within five business days of the wastage
    • Licensees shall record the wastage of cannabis products, including batch number, weight, plant number, the name of the receiving solid waste facility, dates of wastage and disposal, and any test results associated with a wasted batch.
  • Dispose of Cannabis waste:
    • Licensees shall not dispose of cannabis goods, unless disposed of as cannabis waste;
    • Licensee shall waste Cannabis products by rendering the products unusable and unrecognizable prior to removal from licensed premises;
    • Cannabis waste shall be stored, managed, and disposed of in accordance with all applicable waste management laws:
    • Cannabis waste shall be disposed of along with all garbage accumulated at licensed premises within a week of operation;
    • Cannabis goods intended for disposal shall remain on the licensed premises until rendered into cannabis waste. The licensee shall ensure that:
      • Access to the cannabis goods is restricted to the licensee, its employees or agents:
        • Cannabis waste shall be placed in a designated container which shall be placed secure room vault until disposal.
      • Storage of the cannabis goods allocated for disposal is separate and distinct from other cannabis goods in a holding container
      • Cannabis waste shall be placed in a quarantine container clearly labeled as Cannabis waste which shall be placed secure room vault for 72 hours until disposal.
      • To be rendered as cannabis waste for proper disposal, including disposal be destroyed on the licensed premises. The licensee shall:
        • Remove or separate the cannabis goods from any packaging or container;
        • Wastage of cannabis shall be accomplished by grinding and incorporating the cannabis into other ground material, such as soil, compost material, or leaf and yard waste, so that the resulting mixture is at least fifty percent non-cannabis material by volume;
          • Vape cartridges shall not be emptied of cannabis oil prior to disposal, provided that the vape cartridge itself is unusable at the time of disposal, through physical destruction. 
    • Cannabis waste on the licensed premises shall be secured in a receptacle or area that is restricted to the licensee, its employees, or an authorized waste hauler.
    • The receptacle or area that cannabis is disposed into shall be clearly marked with signage that states “Authorized personnel only”.
    • A licensee shall report all cannabis waste activities, up to and including disposal, into the track and trace system, and maintain records for 2 years and maintain video surveillance for 120 days. 

 

  • DISCREPANCIES IN SHIPMENT

  • Discrepancies in shipment items

The receiving agent will immediately report any discrepancies in the shipment, any damage or opened packages or signs of attempted opening to the dispensary manager:

  • The manager shall further inspect the shipment and complete an investigation;
  • Any evidence of a theft or diversion shall be reported immediately, and within 1 business day, to the Department and to the New Mexico State Police;
  • The licensee transporting the cannabis or cannabis product is responsible for any discrepancies between the shipping manifest and the cannabis products in its possession during transport, and subject to any enforcement or disciplinary action related to such discrepancy;

 

  • HANDLING OF CANNABIS

  • Operation zone

Operations zone where products containing cannabis will be received, repackaged, weighed, processed or prepared shall be:

  • All surfaces shall be cleaned with isopropyl alcohol before and after contact with cannabis;
  • Safe Handling

Dispensary agents shall maintain a contamination free environment when handling cannabis:

  • Maintain cannabis free from contamination;
  • Clean hands with antibacterial cleanser before packaging, dispensing and labeling cannabis;
    • Hand sanitizer shall be available at entrance to safe room, point of sale registers and restroom;

 

  • Wear nitrile medical gloves when handling unpackaged products containing cannabis;
    • Gloves shall be changed in the event of contact with any surface that has not been disinfected;
  • Wear hair net and /or beard net when handling unpackaged products containing cannabis;
  • Utilize sticky mat to clean debris from shoe upon entry of safe room;
  • Safe room shall contain an activated carbon filter and high-efficiency particulate arresting filter;
  • Report to a manager any personal health condition that might compromise the cleanliness or quality of the cannabis the dispensary agent might handle.

 

  • INVENTORY TRACKING OF PRODUCTS CONTAINING CANNABIS

  • Inventory tracking

A licensee shall maintain inventory tracking of all products containing cannabis at all times using point of sale system, tamper-evident hard copy logs and BIOTRACK inventory tracking.

  1. Stored inventory tracking 

Quantities of all products containing cannabis stored in vault shall be logged in inventory control system by dispensary manager through the BIOTRACK POS system.

  • Quantities and condition of all products stored in vault shall be audited by dispensary management every 14 days and verified by quantities logged in inventory control system and BIOTRACK; – See Inventory Counts and Reconciliation SOP. 
  • Each day of operation, an employee of the licensee shall physically count one section of the display counter in the retail area including all items stocked in the retail area corresponding items found in the display cabinet being audited;
    • Inventory quantities shall be entered into the point of sale system in real time as inventory quantities are determined;
    • Adjustments to inventory shall be reviewed and approved by a manager of the licensee prior to adjustment being finalized in the point of sale system;
    • Adjustments to inventory shall be investigated by a manager of the licensee prior to approval of adjustment being finalized:
      • Recount physical inventory in question;
      • Review sales history of inventory in question;
      • Review return history of inventory in question;
      • Interview employees of licensee to identify potential errors entry errors;
      • Review inventory quantities of similar items to identify correlating patterns in discrepancies.

 

  • All inventory stored in the storage area shall be audited by physical count bi-weekly;
    • On a scheduled day, authorized and scheduled associates of the licensee shall physically count all items in the storage area designated by the store manager.
    • Inventory quantities shall be entered into the point of sale system in real time as inventory quantities are determined.
    • Adjustments to inventory shall be investigated by a manager of the licensee prior to approval of adjustment being finalized:
      • Recount physical inventory in question;
      • Review sales history of inventory in question;
      • Review return history of inventory in question;
      • Interview employees of licensee to identify potential errors entry errors;
      • Review inventory quantities of similar items to identify correlating patterns in discrepancies.
    • The inventory control manager shall perform a perpetual physical count of inventory on a daily basis;
    • The point of sale system shall be used to track inventory movement from safe room vault to dispensing area and back to safe room in real time;
    • The inventory control manager shall match physical counts of inventory with point of sale system inventory and BIOTRACK inventory;
    • The inventory control manager shall investigate any discrepancy in inventory;
    • The inventory control manager shall reconcile any discrepancy in inventory with clear description of investigation and findings;
  • Disciplinary actions against dispensary agents shall be determined by dispensary manager in the occurrence of;
  • Mishandling of products;
  • Clerical error in logging of products in inventory tracking system;
  • Theft of products.

 

  • Significant discrepancy in inventory

A determination by a licensee on whether a discrepancy in inventory is significant shall be made in accordance with the following:

  • A significant discrepancy in inventory means a difference in actual inventory compared to records pertaining to inventory of at least 3 percent of the average monthly sales of the licensee.
    • Upon discovering significant discrepancy in inventory a manager of the licensee shall:

 

  • Determine 3 percent of the average monthly sales by running a sales report using point of sale or track and trace system (BIOTRACK);
  • Average monthly sales shall be calculated by taking a per month average of the total sales for the previous 6 months;
  • Determine whether the difference in actual inventory compared to records pertaining to inventory exceeds the amount determined from calculating 3 percent of the average monthly sales;
  • A licensee shall notify the Department and local law enforcement within 24 hours of discovery of any of the following situations:
    • The licensee discovers a significant discrepancy;
    • The licensee discovers diversion, theft, loss, or any other criminal activity pertaining to the operations of the licensee;
    • The licensee discovers diversion, theft, loss, or any other criminal activity by an agent or employee of the licensee pertaining to the operations of the licensee;
    • The licensee discovers loss or unauthorized alteration of records related to cannabis goods, customers, or the licensee’s employees or agents;
    • The licensee discovers any other breach of security.
  • The notification to the Department pursuant to subsection of this section shall be submitted, which shall include:
    • Date and time of occurrence of the theft, loss, or criminal activity;
    • Name of the local law enforcement agency that was notified;
    • Description of the incident including, where applicable, the item(s) that were taken or lost.

 

  • DIVERSION DETECTION AND PREVENTION

  • Anti-diversion systems and procedures

The Training Program focuses upon the following key areas to detect and prevent diversion of cannabis:

  • Identification of recreational customers, qualifying patients or caregivers must be 21 years or older, exhibit a current government-issued, or tribal, identification card that includes name, date of birth, clear and current photograph of customer, patient or caregiver’s face, an expiration date or other documentation covered by New Mexico’s rules and regulations 
  • Medical patients must be at least 18 years of age and possess a valid qualified patient, primary caregiver, or reciprocal participant registry identification card from the department of health medical cannabis program
  • Verified visitors must exhibit an identification card issued by the state of New Mexico or government-issued identification card;
  • All dispensary agents must wear an authorized employee identification badge, which shall include the licensee’s “doing business as” name and license number, the individual’s first name, an employee number exclusively assigned to that employee for identification purposes, and a color photograph of the employee that clearly shows the full front of the employee’s face and that is at least 1 inch in width and 1.5 inches in height.;

o Dispensary agents must wear the identification badge at all times on dispensary premises;

  • Organization and security in the dispensary facility include prevention of unauthorized access to facility, records, and products;
  • Members of the public must have government-issued identification to enter dispensing area of premises;
    • Members of the public not carrying government-issued identification are permitted entrance to the waiting area only;
  • Employee entry to the dispensing area and limited access areas are controlled by chip activated keyed lock;
  • Lock will be programmed to allow Management access 24 hours;
    • Employee access one hour before and one hour after operating hours;
    • Security access one hour before and one hour after operating hours;
  • Upon entry, Management or security staff must enter their unique code to disarm the main security system;
  • Entry to the safe room and records area are further restricted with chip activated keyed locks;
  • Upon entry of the safe room or records area, Management must deactivate the individual security system with unique code;
  • Upon exit at end of day of the safe room or records area, Management or security staff must reactivate the individual security system with unique code;
  • End of day dispensary manager will arm main security system;
  • Monitor all cameras to ensure inside of premise is secure;
  • Monitor outdoor area surrounding premises to ensure there are no security threats;
  • Dispensary manager access all zones including:
    • Cash safe;
    • Storage vault;
    • Safe room;
    • Security systems access codes;
    • Security systems;
  • Dispensary agent access with personalized entry code to all zones excluding:
    • Manager office;
    • IT hardware;
    • Cash safe;
    • Storage vault;

o Access limited;

  • Safe room;
  • Video surveillance recording system at the premise records all activity in images of high quality and high resolution capable of clearly revealing facial detail;
    • Cash safe;
    • Storage vault;
    • Dispensing area;
    • Limited access areas;
    • Reception area;
    • Employee breakroom;
    • Locker area;
    • Sales Floor;
    • Manager offices;
    • IT room;
    • Surrounding outdoor premises;
  • Operates 24-hours a day, 365 days a year without interruption;
  • In the event of power failure:
  • Surveillance recording systems and content will remain operational for 48 hours using a backup generator;
  • Provides a date and time stamp for every recorded frame;
  • Within the licensed premises security surveillance cameras will be displayed on a live feed in manager offices, reception area and intake door;

 

  • Display will show the real time status of all security surveillance cameras to ensure that they are properly functioning and maintained;
  • Security system will be will be monitored and maintained by the Licensee and the third-party security provider;
  • Limited Access Areas will only be accessible to authorized, dispensary agents through a locked door accessible by electronic keys;
  • Continuously visually supervise all visitors who enter operations zones of the premises at all times;
  • 12”x12” Signage stating, “Do Not Enter – Limited Access Area – Access Limited to Authorized Personnel Only” to ensure that all  persons are aware of various areas within the licensed remises;
  • No cannabis is allowed in restrooms, changing rooms, or locker rooms;
  • Security alarms systems and video surveillance must be used to monitor the separation between zones;
  • Display will show the real time status of all security surveillance cameras to ensure that they are properly functioning and maintained;
  • All doors will be within sight of surveillance cameras;
  • Doors will feature key-card access locks that will restrict movement to authorized personnel only;
    • All doors throughout the licensed premises will require key cards at all times with the exception of;
      • Front door leading to the public waiting area;
      • Restrooms
  • Key card access for all doors will document the movement of any persons to and from the operations zone;
    • All dispensary agents will be assigned specific keys with unique identifying information that will never be traded or transferred between dispensary agents;
    • All dispensary agents may be granted access to operation zones only by members of management;
    • The key-card access system will be capable of logging each time each key card is used;
    • The information will be stored within a secure server provided by a third-party security provider;
  • Tamper-evident logbooks will be available for use as a backup in the case of failure of the key locks;
  • No individual other than a dispensary agent may handle the inventory in a display case or elsewhere in the dispensary until dispensed;
    • Display of raw cannabis must be contained in tamper-evident, compliant sealed display containers for patient inspection;
  • Log the visitor in and out using tamper-evident logbooks and electronic identification logs that document the movement of persons to and from the operations zones;
  • Retain with the log a photocopy of the visitor’s government-issued identification;
  • Continuously visually supervise the visitor while on the premises.
  • Cannabis and cannabis-infused product inventory procedures include meticulous tracking and documentation of the receipt, storage, and dispensation of products;
  • Each individual package will be inspected for damage, opened package seals or incorrect label information in comparison to the description in the electronic manifest;
  • Checking for damage, incorrect labeling, signs of attempted opening or broken seals, incorrect travel manifest and any other information that might indicate compromised shipment integrity;
  • All confirming information will be recorded in the electronic manifest;
  • All items in the shipment will be segregated from the inventory until each item is inspected to ensure undamaged, accurate, and complete packaging and labeling;
    • If items in the shipment do not meet inspection specifications, the registered agent must reject or amend electronic manifest to reflect correct information;
  • Once an item passes inspection, the receiving agent must enter products containing cannabis into the inventory control system and release the items into normal inventory;
    • The licensee may hold inventory from dispensing area to be dispensed for any reason;
  • A dispensary agent must record in the inventory control and in the BIOTRACK data network each item dispensed including lot and batch number and the weight of cannabis that was dispensed;
  • Use a BIOTRACK perpetual inventory control through point of sale system that identifies and tracks the licensee’s stock of cannabis from the time it is delivered or produced to the time it is delivered to another licensee, a licensed grower, or a qualifying patient or caregiver;
    • The inventory control manager must perform a perpetual physical count of all inventory on a daily basis;
    • The inventory control manager must match physical counts of inventory with point of sale system inventory and BIOTRACK inventory;
    • The inventory control manager must investigate any discrepancy in inventory;
    • The inventory control manager must reconcile any discrepancy in inventory with clear description of investigation and findings;
  • If an employee finds evidence of a theft or diversion within 1 business day the employee must report the theft or diversion to the manager;
  • If the licensee finds evidence of a theft or diversion, within 1 business day the licensee must report the theft or diversion to the Department and to the New Mexico State Police;
  • Within 30 business days of discovering the discrepancy, the licensee must:
    • Complete an investigation;
    • Amend the licensee’s standard operating procedures, if necessary;
    • Send a report of the investigation to the Department if requested 
  • Dispensing cannabis and cannabis-infused products includes verification of validity of government-issued identification of qualifying patients and caregivers;
  • Operation of the electronic Department data network;
  • Expiration of written certifications;
  • Verification of amount of cannabis already dispensed pursuant to the patient’s daily limit;
  • Amount of cannabis that may be dispensed to patient/caregiver within the particular day time frame and entrance of weight of usable cannabis or THC dispensed;
  • Appropriate handling of fraudulent patient/caregiver identification;
    • Report any fraudulent patient/caregiver identification to the Department within 1 business day;
  • Refusal of cannabis to individuals with apparent fraudulent identification cards, or to patients/caregivers with expired or already filled certifications;
  • Methods for return of unused cannabis and/or cannabis-infused products;

 

  • Counseling caregivers on illegality of transfer of cannabis to any person other than the designated qualifying patient.
  • Detection and prevention of diversion of cannabis;
  • Security of cannabis from receipt until end use or disposal;
  • Inventory tracking system accounting for all products containing cannabis;
  • Procedures for prompt diversion detection;
  • Documentation and internal and external diversion reporting.

 

  • STORAGE OF CANNABIS

  • Vault Room (Safe Room) 

A licensee shall maintain secure storage of cannabis in safe room that is in accordance with Department regulations.

  • All inventory stored on the licensed premises shall be secured in a limited-access area accessible only by members of the management team of the licensee in an area designated solely for the purpose of storing cannabis products;
  • Dispensary manager shall maintain storage of products containing cannabis in storage room vault until release of products for distribution or distributed.
  • The storage room vault shall remain locked and secured at all times when not attended by employees of licensee;
  • Entry devices (keys/fobs) shall remain in the custody of management during operational hours;

o Duplicate entry devices (keys/fobs) shall remain in locked and secured locking key caddy when not in use.

  • Environmental monitor shall be available in safe room to monitor;
  • Temperature and humidity of safe room;
  • Values displayed by monitor shall be logged daily.
  • A licensee shall not store cannabis goods outdoors.

o All inventory stored on the licensed premises shall be secured in a

limited-access area located inside the building that the dispensary is operating from.

  • Employee break rooms, changing facilities, and bathrooms shall be separated from all storage areas.

 

  • SANITARY STORAGE OF CANNABIS

  • Maintain cleanliness

A licensee shall maintain the cleanliness of any building or equipment used to store or display cannabis:

  • Contamination

A dispensary agent shall:

  • Maintain cannabis free from contamination;
  • Clean hands with antibacterial cleanser before packaging, dispensing and labeling cannabis;
    • Hand sanitizer shall be available at entrance to safe room, point of sale registers and restroom;
  • Wear nitrile medical gloves when handling unpackaged products containing cannabis;
    • Gloves shall be changed in the event of prolonged contact with any surface that has not been disinfected;
  • Wear hair net and /or beard net when handling unpackaged products containing cannabis;
  • Utilize sticky mat to clean debris from shoe upon entry of safe room;
  • Safe room shall contain a high-efficiency particulate arresting filter;
  • Report to a manager any personal health condition that might compromise the cleanliness or quality of the cannabis the dispensary agent might handle.
  • Contaminated product

A licensee shall separately store in the secure room until disposed of any cannabis: 

  • That is returned, recalled, outdated, damaged, deteriorated, misbranded, adulterated or containers or packages that have been improperly or accidentally opened. Adhere to Retail – Recall & Cannabis Waste SOP
  • Storage of contaminated product

Cannabis that has been identified as being recalled, cannabis waste, outdated, damaged, deteriorated, misbranded, or adulterated shall be segregated and quarantined by:

  • Being placed in plastic container and held for 72 hours prior to destruction;
  • Plastic container shall be labeled as cannabis waste or quarantine with description of contamination on item;
  • Cannabis waste shall be mixed with cat litter in plastic container;
  • Cannabis waste shall be disposed right before trash pickup;
  • Quarantine plastic container shall be placed in secure vault room until disposal;

 

  • Be placed in a locking container which shall be placed secure room vault until disposal;
  • Segregate contaminated items from the inventory until the item can be disposed of.

 

  • DISPOSAL OF CANNABIS WASTE AND CONTAMINATED PRODUCT

  • Shipping licensee disposal of contaminated product

Cannabis that has been identified as being returned, recalled, outdated, damaged, deteriorated, misbranded, or adulterated may be disposed of by receiving licensee or returned to transportation agent affiliated with shipping licensee that initiated shipment to be disposed of:

  • Log into the electronic manifest;
  • Record amounts to be returned;
  • Record reason for return;
  • Return custody of a shipment of products containing cannabis to transportation agent affiliated with shipping licensee;
  • Confirm that:
  • The transportation agent is carrying appropriate identification;
  • The packaging is secure, undamaged, and appropriately labeled;
  • Each package in the shipment is labeled as described in the electronic manifest;
  • The contents of the shipment are as described in the electronic manifest;
  • Record the confirmations in the electronic manifest;
  • Obtain in the electronic manifest the signature or the identification number of the transportation agent who receives the shipment;
  • Record in the electronic manifest the date and time the receiving transportation agent takes custody of the shipment;
  • Remove the product from the inventory control system.
  • Receiving licensee disposal of contaminated product

Cannabis that has been identified as being returned, recalled, cannabis waste, outdated, damaged, deteriorated, misbranded, or adulterated shall be disposed of by receiving if return to shipping licensee is denied:

  • Log into the inventory control system or point of sale;
  • Record amounts to be disposed using point of sale system:
  • Dispose of Cannabis waste:
  • Licensees shall not dispose of cannabis goods, unless disposed of as cannabis waste;
  • Cannabis waste shall be stored, managed, and disposed of in accordance with all applicable waste management laws:
    • Cannabis waste shall be disposed of along with all garbage accumulated at licensed premisses within a week of operation;
    • Cannabis waste must be disposed of no more than 24 hours prior garbage pickup.
  • Cannabis goods intended for disposal shall remain on the licensed premises until rendered into cannabis waste. The licensee shall ensure that:
    • Access to the cannabis goods is restricted to the licensee, its employees or agents:
      • Cannabis waste shall be placed in a designated container which must be placed secure room vault until disposal.
    • Storage of the cannabis goods allocated for disposal is separate and distinct from other cannabis goods:
      • Cannabis waste shall be placed in a designated container clearly labeled as Cannabis waste which must be placed secure room vault until disposal.
  • To be rendered as cannabis waste for proper disposal, including disposal be destroyed on the licensed premises. The licensee shall:
  • Remove or separate the cannabis goods from any packaging or container;
  • Render cannabis unrecognizable and unusable:
    • Vape cartridges shall not be emptied of cannabis oil prior to disposal, provided that the vape cartridge itself is unusable at the time of disposal.

 

  • Cannabis waste on the licensed premises shall be secured in a receptacle or area that is restricted to the licensee, its employees, or an authorized waste hauler.

o The receptacle or area that cannabis is disposed into shall be clearly marked with signage that states “Authorized personnel only”.

  • A licensee shall report all cannabis waste activities within 5 days to the department, up to and including disposal, into the BIOTRACK track and trace system.
  • Return the manufactured cannabis good to the shipping licensee only in exchange for a non-defective version of the same type of manufactured cannabis good or in exchange for a manufactured cannabis good of equal value.

o Licensee shall not return cannabis goods purchased from another licensee.

  • Copy of electronic manifest

The transportation agent shall provide a copy of the electronic manifest for the disposal of cannabis waste to the receiving licensee if accepted for return by shipping licensee.

 

  • Completed electronic manifest

The transportation agent shall provide the completed electronic manifest to the shipping licensee for the disposal of cannabis waste.

 

  • EQUIPMENT SANITATION, ACCURACY AND MAINTENANCE LOGS

  • Sanitation of equipment

The licensee shall maintain the sanitation of equipment that comes in contact with cannabis to prevent contamination in accordance with the approved standard operating procedure.

  • Surfaces or equipment in packaging or dispensing zones that comes in contact with cannabis shall be cleaned using isopropyl alcohol (propan-2-ol) or ethanol-based liquids before and after coming in contact with cannabis;
  • Calibration of equipment

Pursuant to the approved standard operating procedure, the licensee shall require that:

 

  • Automatic, mechanical, or electronic equipment is calibrated semi-annually, audited and recorded monthly, and periodically checked to ensure proper performance;
  • Any scale, balance, or other measurement device is calibrated to county weights and measurements ordnance and periodically checked to ensure accuracy;
  • Automatic, mechanical, or electronic equipment shall meet certification requirements in accordance with Department regulations.
  • Equipment maintenance and cleaning log

Pursuant to the approved standard operating procedure, the licensee shall maintain an accurate log recording the:

  • Cleaning of equipment;
  • The maintenance of equipment and security equipment (monthly)
  • The calibration of equipment.

 

  • CANNABIS GOODS FOR SALE

  • Sale of cannabis goods

Cannabis goods available for sale or delivery to a customer.

  • A licensed retailer shall not make any cannabis goods available for sale or delivery to a customer unless:
    • The licensed retailer has verified that the cannabis goods have not exceeded their bestby, sell-by, or expiration date if one is provided;
    • Ensure product was harvested within 6 months prior to delivery date. If any products harvest date that has exceeded 6 months, the products shall be rejected.
  • The cannabis goods have undergone laboratory testing as required.
    • Evaluate Certificate of Analysis for complaint levels of;
      • Heavy metals;
      • Microbial impurities;
      • Mycotoxins;
      • Residual pesticides;
      • Residual solvents and processing chemicals.
  • The batch number is labeled on the package of cannabis goods and matches the batch number on the corresponding certificate of analysis for regulatory compliance testing.
  • The packaging and labeling of the cannabis goods comply with all Department regulations.
  • The cannabis goods comply with all applicable Department regulations.

 

  • Prohibition on packaging and labeling by a retailer

Cannabis goods available for sale packaging and labeling prohibitions.

  • A licensed retailer shall not accept, possess, or sell cannabis goods that are not packaged as they will be sold at final sale:
    • A manager shall inspect all intake of cannabis goods to ensure that all cannabis goods are packaged as they will be sold at final sale.
    • A licensed retailer shall not package or label cannabis goods.
    • A manager shall inspect all intake of cannabis goods to ensure that all cannabis goods are packaged as they will be sold at final sale:
      • Cannabis goods may be labeled with a barcode for inventory control and track and trace purposes;
      • A barcode or similar sticker placed on the packaging of a cannabis goods shall not obscure any labels required by the Department.
  • Cannabis goods packaging and exit packaging

Cannabis goods exit packaging requirements.

  • A licensed retailer shall not accept, possess, or sell cannabis goods that are not packaged as they will be sold at final sale:
    • All cannabis goods sold by a licensed retailer shall be in compliance with the packaging requirements.
  • A package containing cannabis goods shall be resealable, tamper- evident, and child resistant prior to leaving the licensed retailer’s premises:
    • All cannabis goods purchased by a customer shall be:
      • Placed in an opaque exit bag and stapled with a minimum of two staples.
  • Immature plants and seeds sold by a licensed retailer are not required to be placed in resealable, tamper-evident, child resistant exit bag.

 

  • SALE OF NON-CANNABIS GOODS

  • Non-cannabis goods for sale

Non-cannabis goods available for sale or delivery to a customer.

  • In addition to cannabis goods, a licensed retailer may sell only cannabis accessories and licensee’s branded merchandise. Licensed retailers may provide customers with promotional materials.
  • A licensed retailer shall only sell live, immature cannabis plants and cannabis seeds if all of the following requirements are met:
    • The plant is not flowering;
    • The plant or seed originated from a nursery that holds a valid license from the Department of Food and Agriculture or a licensed microbusiness authorized to engage in cultivation;
    • A label is affixed to the plant or package containing any seeds which states “This product has not been tested pursuant to the Cannabis Regulation Act.”
  • A licensed retailer may not sell any other live plants.
  • A licensed retailer shall not apply nor use any pesticide, nor cause any pesticide to be applied nor used, on live plants.

 

  • DAILY LIMITS

  • Cannabis goods for sale

Non-cannabis goods are available for sale or delivery to a customer.

  • A licensed retailer shall not sell more than the following amounts to a single recreational adult use cannabis customer in a single day.
    • two ounces of cannabis
    • sixteen grams of cannabis extract;
    • eight hundred milligrams of edible cannabis
    • 6 immature cannabis plants;
  • A licensed retailer shall be responsible for determining that the amount of cannabis concentrates found in manufactured cannabis products sold to customers comply with the requirements of this section.
    • Verify amounts being sold to any person(s) does not exceed daily limits by evaluating total sale of product using point of sale system.

 

  • FREE CANNABIS GOODS

  • Prohibition on free cannabis goods

A licensed retailer shall not provide free cannabis goods to any person 

  • A licensed retailer shall not allow individuals who are not employed by the licensed retailer to provide free cannabis goods to any person on the licensed premises.
    • Security personnel shall monitor licensed premises to ensure individuals who are not employed by the licensed retailer, vendors, do not provide free cannabis goods to any person on the licensed premises.
  • Free cannabis goods are provided only to a medicinal cannabis patient or primary caregiver for the patient in possession of an identification card.
    • The cannabis goods comply with all applicable laboratory testing requirements under this division.
    • Prior to being provided to the patient or primary caregiver, the cannabis goods have been properly recorded in the track and trace system as belonging to the licensed retailer.

 

  • RETURN OF CANNABIS GOODS

  • Accepted return of cannabis goods

A customer’s return of cannabis goods that were purchased from a licensed retailer, back to the licensed retailer the cannabis goods were purchased from may be accepted.

  • A licensed retailer may accept customer returns of cannabis goods that were previously sold to a customer.
  • A licensed retailer shall not resell cannabis goods that have been returned.
    • Record amounts to be disposed using the point of sale system;
      • Log into BIOTRACK;

 

  • PROVIDED INFORMATION

  • Consult customer

A dispensary agent must complete Dispensary Agent training to ensure information provided to customers is accurate. A dispensary agent may provide information on, but never prescribe:

  • The available types of cannabis, cannabis varieties, and cannabis infused finished products;
  • The Pharmacology of cannabis and its medical components;
  • The potential therapeutic and adverse effects of cannabis;
  • Dosage forms of cannabis and their pharmacodynamic impact;
  • Potential drug interactions and consumer safety issues with cannabis;
  • Recognition of symptoms of substance use disorders and acute intoxication;
  • Methods by which cannabis can be taken;
  • How unused cannabis may be returned for disposal;
  • A customer may return unused cannabis for disposal by placing unused cannabis in the container that it was dispensed in;
  • A customer may request return unused cannabis for disposal and state purpose of return to dispensary agent;
  • The return of unused cannabis for disposal must be identified and verified by the dispensary agent as the cannabis that was most recently dispensed to the customer by query of customer records;
  • The return of unused cannabis for disposal must be identified by dispensary agent as unusable due to malfunction, damage, deterioration, misbranding, or adulterated prior to sale;
  • The return of unused cannabis for disposal must have been dispensed within 30 days of return.

 

  • Non-immunity of penalties

Before cannabis is dispensed, either in person or by delivery, a dispensary agent must ensure that the customer understand that the customer are not immune from the imposition of any civil, criminal, or other penalties for the following:

  • Operating navigating, or being in actual physical control of any motor vehicle, aircraft or boat while under the influence of cannabis;
  • Smoking cannabis in any public place;
  • Smoking cannabis in a motor vehicle;
  • Undertaking any task under the influence of cannabis, when doing so would constitute negligence or professional malpractice;
  • Smoking cannabis on a private property that;
  • Is rented from a landlord;
  • Is subject to a policy that prohibits the smoking of cannabis or marijuana on the on the property;
  • Smoking cannabis on a private property that is subject to a policy that prohibits the smoking of cannabis on the property of an attached dwelling adopted by:
  • The board of directors of the council of unit owners of a condominium regime;
  • The governing body of a homeowner’s association;
  • Before cannabis is dispensed, a dispensary agent must attest that the customer understands that:
  • The customer must;
    • Keep all cannabis away from children other than the customer;
    • Take steps to prevent children from obtaining or using cannabis;
  • Obtaining cannabis does not exempt a customer from prosecution under Federal law and the penalties provided by Federal law;
  • Scientific research has not established the safety of the use of cannabis by pregnant women;
  • The use of cannabis to treat a medical condition is not approved by the U.S. Food and Drug Administration.

 

  • DISPENSING OF PRODUCTS CONTAINING CANNABIS

  • Analytical testing

Analytical testing will provide the Dispensary with an understanding via certificate of analysis (COA) of the THC potency, cannabinoid profiles, terpenoid profiles, and absence of contaminants of the products sold.

  • Verification to dispense

Dispensing of Cannabis and Cannabis-Infused Products includes verification of:

  • Validity of government-issued identification of customers;
  • Validity of customer in the electronic Commission data network;
  • Expiration of certifications;
  • Verification of amount of cannabis already dispensed pursuant to the customer’s written certification;
  • Amount of cannabis that may be dispensed to customer/ within the particular 24 hour time frame;
  • Entrance of weight of usable cannabis or THC dispensed in the electronic Commission data network;
  • Counseling and education

Counseling and educating customers on available types of cannabis, cannabis varieties, cannabis finished products, cannabinoid and terpenoid content of product, methods of delivery:

  • Effective range of dosage and timing of cannabis and/or cannabis-infused products;
  • Counseling of certifying customers on potential adverse reactions, side effects, food or drug interactions;
  • Counseling of customers s concerning the imposition of civil, criminal, or other penalties for infractions of laws and regulations;
  • Counseling on illegality of transfer of cannabis to any person other than the designated customer.
  • Counseling customers s on the prevention of acquisition or use of cannabis by children;
  • Products sold

The menu of products sold may include:

  • Flower and pre-rolled joints of various varieties, potencies, and THC/CBD ratios;

 

  • CBD vape cartridges multiple strains;
  • Vape cartridges multiple strains;
  • Various concentrates multiple strains;
  • CBD syringes (various sizes) multiple strains;
  • Rick Simpson Oil multiple strains;
  • CBD capsules (various doses) multiple strains;
  • Glycerin tinctures multiple strains;
  • THC capsules multiple strains;
  • CBD tincture multiple strains;
  • Ointments (various sizes) multiple strains;
  • Accessories:
  • Papers;
  • Lighters;
  • Vaporizers;
  • Vaporizer battery;
  • Battery chargers;
  • Clothing;
  • Multi-tools;
  • Cleaning kits;
  • Grinders;
  • Rolling trays;
  • Rolling machines;
  • Hemp wick;
  • Pipes/water pipes.

 

  • MEDICAL CANNABIS

  • Recommendation to use medical cannabis

Patients who meet certain requirements can obtain and use cannabis legally for medical purposes with a doctor’s recommendation. Access to the licensed premises of a retailer shall be limited to individuals who are at least 18 years of age and possess a valid qualified patient, primary caregiver, or reciprocal participant registry identification card from the department of health medical cannabis program.

 

  • Minors under the age of 18 years old that have received a medical cannabis card shall not be permitted into the dispensary;
    • Minors under the age of 18 years old that have received a medical cannabis card shall designate a primary caregiver that is responsible for purchasing and retrieving cannabis for the qualified patient.
  • Qualified patient caregiver

Only a qualified patient or caregiver may accept medical cannabis.

  • Primary caregiver is the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person.
  • The caregiver must be 18 years of age or older;
  • Qualified patient purchase limits

A qualified patient or caregiver may accept limited amounts of medical cannabis.

  • A licensed retailer shall not sell more than the following amounts to a single medicinal cannabis patient, or to a patient’s primary caregiver purchasing medicinal cannabis on behalf of the patient, in a single day:
    • 2 ounces of medicinal cannabis in the form of dried mature flowers or the plant conversion;
    • sixteen grams of cannabis extract;
    • eight hundred milligrams of edible cannabis
    • 6 immature cannabis plants.
    • A licensed retailer shall be responsible for determining that the amount of cannabis concentrates found in manufactured cannabis products sold to customers comply with the requirements of this section.
  • Identification card

A dispensary agent may dispense medical cannabis to a qualifying patient or caregiver who has presented:

  • A valid qualified patient, primary caregiver, or reciprocal participant registry identification card from the department of health medical cannabis program
  • Government-issued identification card.

 

  • Medical patient check-in

Medical patients or customers require additional documentation and verification upon check in at licensed dispensary.

  • Verify validity of written certification or an identification card issued by the New Mexico Department of Public Health’s Medical Marijuana Identification Card Program;
    • Verify that the card is valid.
  • Verify that the government-issued identification card is valid.
  • Verify that the patient or caregiver is over the age of 18 years old using the government-issued identification card.
  • Enter all the required information at the Add New Customer page in BIOTRACK.
  • Upload additional documents into the patient profile in the point of sale system;
    • Valid written certification or an identification card issued by the New Mexico Department of Public Health’s Medical Marijuana Identification Card Program; and
    • Government-issued identification card.
  • A dispensary agent may dispense medical cannabis to a returning qualifying patient or caregiver who has presented patient identification number and government-issued identification card.

 

  • DECLINE TO DISPENSE

  • Inebriated Customer

A dispensary agent may decline to dispense cannabis to a customer if, in the professional opinion of the dispensary agent, the customer appears to be currently under the influence of drugs or alcohol. The dispensary agent must:

  • Inform dispensary Manager of the occurrence who must:
  • Politely inform the customer that they may decline the dispensing of cannabis;
  • Politely inform the customer that consumption of cannabis in public places is prohibited by state law;
  • Politely inform the customer that they will be allowed to return to the dispensary when not inebriated;

 

  • Politely inform the customer that if they return under the influence for a second time, they may have their privilege to return to the dispensary revoked;
  • Inform law enforcement of the escalation of customer resulting in disturbance to public;
  • Provide an after-action report to the Commission including the name and unique customer identification number in the event that law enforcement is required to respond.

 

  • SAMPLE DISTRIBUTION

  • Sample distribution not authorized

A licensed dispensary may not distribute a sample of cannabis.

 

  • ACCEPT DISPENSED CANNABIS

  • Qualified customer

Only a qualified customer may accept cannabis.

  • The customer must each retain a copy of the receipt for the cannabis purchased;
  • A dispensary agent must record in the inventory control system and in the Commission data network each item dispensed including lot and batch number and the weight of cannabis that was dispensed by using the designated BIOTRACK POS system;
  • A customer may place online orders to be retrieved at the dispensary.

 

  • CASH HANDLING

  • Cash management 

Secure cash handling procedures include regular cash drops and maintenance of a general ledger of cash transactions maintained by point of sale system and a cash management system. See Retail – Cash Handling SOP. 

  • Dispensary manager shall stock cash drawers to be used during sales at beginning of each day of operation with $500.00 in various bills;
  • A fund of $2,500.00 cash in various bills shall be allocated for reserve cash drawer stocking on the first day of operation called Petty Cash
  • The petty cash drawer fund amount shall be maintained each day of operation;
    • The petty cash drawer fund shall be stored in fire-proof cash safe located in the dispensary manager’s office;
  • The petty cash drawer fund shall be audited daily;

 

  • Cash used to restock drawers shall be broken down into various bills as needed at local bank or secure cash handling service;
    • Cash bundles from retail sales may be broken down to replenish cash drawer fund as needed;
  • Incoming cash from retail sales shall be collected from patient and deposited by dispensary agent into the cash drawer at point of sale;
  • The customer provides dispensary agent cash due for purchase;
  • Dispensary agent deposits cash into the cash drawer;
  • Dispensary provides any cash back from sale to patient;
    • Any cash back to patient from sale shall be allocated from cash drawer;
  • The point of sale system records entry of cash amounts in real time;
  • Cash shall be audited by dispensary management daily upon end of shift;
  • Count all cash using a cash counter;
  • Reconcile cash count totals with Point of sale cash reporting;
  • Bundle cash in tamper evident storage bags;
    • Store cash bundles in fire-proof cash safe located in the dispensary manager’s office until schedule cash pick-up;
  • Dispensary agent shall audit cash amounts in drawer at beginning and end of shift. Use form Template – Cash Register Verification Form Log 
  • Verify drawer cash amounts with dispensary manager;
  • Log drawer cash amounts in Template – Cash Register Verification Form Log
  • Provide signature of verification in daily hard copy ledger of drawer cash amounts at the time of drawer cash stocking, restocking and closing procedures;
  • Dispensary manager shall audit cash amounts;
  • Verify cash amounts with point of sale system;
  • Log cash amounts in Template – Cash Register Verification Form Log;
  • Provide signature of audit of cash amounts at the time of cash drop ledger;
  • Dispensary manager shall maintain storage of tamper evident storage bags in

fire-proof cash safe located in the dispensary manager’s office until weekly cash drop;

  • Entrance to dispensary manager’s office shall be locked when unsupervised;
  • Cash safe will remain locked at all times when not in use;

 

  • Dispensary manager may transfer custody of all cash drops to a secure contracted banking institution cash handling service weekly:
  • Dispensary manager shall;
    • Provide hard copy ledger of weekly cash drop report;
    • Provide signature of audit on hard copy ledger for weekly cash drop report;
  • Contracted banking institution shall;
    • Verify weekly cash drop report amounts;
    • Provide signature of audit on hard copy ledger of weekly cash drop report.
  • Disciplinary actions against dispensary agent or dispensary manager shall be determined by licensee in the occurrence of;
  • Mishandling of cash;
  • Clerical error in logging of cash in point of sale system;
  • Theft of cash.

 

  • DISPENSARY AGENT REQUIREMENTS

  • Age requirement

Employees or persons retained by a licensee to work within or on a licensed premises or to handle cannabis goods shall be at least 21 years of age.

  • All prospective employees shall be screened for age verification:
    • Hiring manager shall inspect a government issued identification for prospective employees prior to new employee hiring and onboarding.
    • Cannot ask age, only if authorized to work in cannabis industry 
  • Moral character

A prospective dispensary agent may not be employed if there is a verifiable absence of good moral character.

  • Badge requirement

All agents, officers, or other persons acting for or employed by a licensee shall display a laminated or plastic-coated identification badge issued by the licensee at all times while engaging in commercial cannabis activity. See Retail – Badge Requirements SOP 

  • Managers shall ensure all agents, officers, or other persons acting for or employed by a licensee display a laminated or plastic-coated identification badge issued by the licensee at all times while engaging in commercial cannabis activity that includes:
    • Licensee’s “doing business as” name and license number;
    • Employee’s first name;
    • Employee number exclusively assigned to that employee for identification purposes;
    • Color photograph of the employee that clearly shows the full front of the employee’s face and that is at least 1 inch in width and 1.5 inches in height.
  • Managers shall ensure all employee badges remain at licensed premises:
    • Distribute badges at the beginning of shift;
    • Collect Badges at the end of shift.

 

  • DISPENSARY AGENT TRAINING

  • Training of dispensary agents

The Training Program is required for all new agents; all existing agents shall attend training updates at least once per year and pass a required written examination each year. The licensee shall train all dispensary agents on: health and safety hazards; security procedures; record keeping requirements; an overview of the process and standard operating procedure(s); safe work practices applicable to an employee’s job tasks; cleaning and maintenance requirements; emergency operations, including shutdown; and any additional information reasonably related to an employee’s job duties.

 

  • Training of dispensary agent standards

The Training Program standard operating procedures module will include a safety module that is designed to be in compliance with State and Federal OSHA standards and requirements.

  • Federal and State cannabis laws and regulations and other laws and regulations pertinent to the dispensary agent’s responsibilities;
  • A dispensary agent shall be formally trained annually
  • A dispensary agent shall complete Green Minded Holding Dispensary Agent training annually;
  • Standard operating procedures shall be read and signed annually by each Dispensary Agent;
  • Detection and prevention of diversion of cannabis;
  • Security of cannabis from receipt until end use or disposal;
  • Inventory tracking system accounting for all products containing cannabis;
  • Procedures for prompt diversion detection;
  • Documentation and internal and external diversion reporting;
  • Detection of signs that a customer appears to be under the influence of drugs or alcohol;
  • Dispensary agents shall attend annual training from security staff in safety procedures and response to a threatening event such as;
  • An armed robbery;
  • An invasion;
  • A burglary;
  • Any other criminal incident.
  • Safety procedures, including responding to;
  • A medical emergency;
    • Red Cross CPR and First Aid certification;
  • A fire or chemical spill;
    • Annual training from local fire department;
  • Operation of security doors to the facility and between zones.
  • Emergency planning

A licensee shall periodically discuss and rehearse emergency plans that include the following:

  • A threatening event such as:
  • An armed robbery;
    • Motives and psychology of an armed robber;
    • Prioritizing the safety of all persons in the dispensary;
    • Likeliest times and situations for the occurrence of armed robberies;
  • An invasion;
  • A burglary;
  • Any other criminal incident.
  • Understand how to use a security system;
    • Periodic security systems review;
    • Location of all security and safety components;
      • Security cameras;
      • CCTV displays of security camera footage;
      • Alarm sounds and status beeps;
      • Panic buttons;
      • Secured entry and exit points;
      • Emergency exit points;
      • Fire extinguishers;
  • User codes;
  • Alarm codes;
  • System sensors;

 

  • Programming menus;
  • Normal state of doors and windows; open, closed, or locked;
  • Use a different escape route if closed doors feel hot to the touch;
  • Escape as quickly as possible;
  • Do not stop to gather any belongings;
  • Crawl and hold your breath as much as possible to help reduce smoke inhalation during your escape;
  • Meet at a designated outdoor location;
    • Parking Lot 
  • Emphasize that no one should return to the premises if there is a fire;
  • Once evacuated from the building, notify the fire department from a cell phone or neighbor’s phone;
    • Initial emergency chain of command to notify management of emergency.
  • If you arrive at the premises and hear sirens, do not attempt to enter the building;
    • Call for emergency assistance from a cell phone or a neighbor’s phone.
  • Emergency drills

Emergency drills will be held at random, at minimum of twice per year to include:

  • Recognizing potential threats;
  • Risk factors for threats;
  • Recognizing, avoid, or de-escalate potentially violent or criminal situations;
  • Responding to an armed threat;
  • Control of access to the different zones of the facility if possible;
  • Alerting managers to safety and security concerns;
  • How and when to activate alarms;
  • Documentation and reporting of criminal incidents in case of:
  • Armed robbery;
  • Burglary;
  • Invasion;
  • Attempted fraud;
  • Weapon on premises;
  • Intra-facility workplace violence;

 

  • Emergency response coordinator

The dispensary management will be designated as an emergency response coordinator and shall appoint backup coordinator(s) who will be on premises at all times of operation tasked with;

  • Identifying and eliminating potential sources of security breach;
  • Inspecting and maintaining:
  • Current locks;
  • Video surveillance;
  • Emergency alarms;
  • Security equipment;
  • Assessment of situations and of dispensary agents or customers/caregivers/other visitors for threat of potential interpersonal violence;
  • Documentation and reporting to appropriate agencies of any threatening events that occur on the facility premises;
  • Carrying out emergency drills.

 

  • Cannabis science training

A dispensary agent shall be trained annually from Green Minded Holdings LLC’s Cannabis 101 training program. 

 

  • Ongoing cannabis science training

Every 12 months dispensary agents shall be educated on the most recent data regarding:

  • The pharmacology of cannabis and its active components;
  • The potential therapeutic and adverse effects of cannabis;
  • Dosage forms of cannabis and their pharmacodynamic impact;
  • Potential drug interactions and consumer safety issues with cannabis use;
  • Recognition of symptoms of substance use disorders and acute intoxication.
  • Training materials and attendance records

The licensee shall retain training materials and attendance records and make the training materials available for inspection by the Department and be held for up to 5 years.

 

  • ALCOHOL AND DRUG FREE WORKPLACE POLICY

  • Dispensary agent declaration

A dispensary agent shall declare in writing that the dispensary agent shall adhere to the State alcohol and drug free workplace policy.

  • Personnel record

The licensee shall retain the declaration in the dispensary agent’s personnel record.

 

  • Workplace free of drug and alcohol abuse

Licensee shall provide a drug and alcohol-free workplace by:

  • Maintaining a workplace free of drug and alcohol abuse during employment;
  • Prohibiting its dispensary agents from working under the influence of drugs or alcohol;
  • Refusing to hire or assign work to a prospective dispensary agent who currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program;
  • Establishing drug and alcohol abuse awareness programs to inform its dispensary agents about:
  • The dangers of drug and alcohol abuse in the workplace;
  • The licensee’s policy of maintaining a drug and alcohol-free workplace;
  • Bona fide drug or alcohol abuse assistance or rehabilitation program;
  • Any available drug or alcohol counseling, rehabilitation, and dispensary agent assistance programs;
  • Promptly informing the appropriate law enforcement agency of each drug-related crime that occurs in its workplace, if the licensee has observed the violation or otherwise has reliable information that a violation has occurred;
  • Making a good faith effort to maintain a drug and alcohol-free workplace through implementation of a drug and alcohol-free workplace statement found in employee handbook.
  • Notification statement

Licensee shall publish a statement notifying its dispensary agents that the unlawful manufacture, distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the workplace and specifying the actions that will be taken against dispensary agent for violation of these prohibitions. A dispensary agent shall;

  • Abide by the terms of the statement;
  • Notify the licensee of any criminal drug or alcohol abuse conviction for an offense occurring not later than 5 days after a conviction.
  • Violation of statement

Violation of terms of statement will result appropriate personnel action against a dispensary agent. A licensee shall;

  • Notify dispensary agent of penalties that may be imposed upon dispensary agent who abuse drugs and alcohol in the workplace;
  • Notify dispensary agent within 10 days after receiving notice of violation of statement or otherwise receiving actual notice of a conviction of a drug or alcohol abuse offense;

 

  • Within 30 days after receiving notice of violation of statement, or otherwise receiving actual notice of a conviction, imposing one or more of the following sanctions or remedial measures on a dispensary agent who is convicted of a drug or alcohol abuse offense;
  • Take appropriate personnel action against an employee, up to and including termination;
  • Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program.
  • Termination

As soon as possible upon termination of a dispensary agent’s association with a licensee, the licensee shall:

  • Take custody of the terminated dispensary agent’s identification card;
  • Obtain any keys or entry devices from the terminated dispensary agent;
  • Eliminate entry codes from security system;
  • Ensure the terminated dispensary agent can no longer gain access to the premises of the licensee.
  • Paycheck ready by next payday with any required termination documents

 

  • DISPENSARY AGENT IDENTIFICATION CARDS

  • Identification card

The licensee must issue to each dispensary agent an identification card that must include a photograph of the face of the dispensary agent taken no more than 6 months before the date of the application, registered agent first name, registered agent identification number, facility identification number and facility name and DBA name.

  • Identification card visibility

At all times at the premises of a licensee every dispensary agent must visibly wear the identification card issued to the dispensary agent by the licensee.

  • Identification card renewal

The identification card must be renewed every 2 years.

  • Identification card replacement

If a dispensary agent’s identification card is lost, destroyed or stolen, within 24 hours of becoming aware of the loss, destruction or theft, the licensee must deactivate any associated entry device and issue a replacement identification card prior to the employee’s next scheduled shift.

 

  • TERMINATION OF A DISPENSARY AGENT

  • Termination

As soon as possible upon termination of a dispensary agent’s association with a licensee, the licensee must:

  • Take custody of the terminated dispensary agent’s identification card;
  • Obtain any keys or entry devices from the terminated dispensary agent;
  • Eliminate entry codes from security system;
  • Ensure the terminated dispensary agent can no longer gain access to the premises of the licensee.
  • Notify Department

Within 1 business day of the termination of a dispensary agent’s association with a licensee, the licensee must notify the Department:

  • Of the termination and the circumstances of a termination;
  • Whether the terminated dispensary agent has returned the agent’s identification card;

 

  • RECEIPT AND DOCUMENTATION OF COMPLAINTS AND ADVERSE EVENTS

  • Creation of receipt and documentation procedure

Receive, organize, store and respond to all oral, written, electronic or other complaints regarding cannabis and adverse events.

  • Create a detailed entry in the point of sale system in the patient profile notes section;
  • Orally and electronically report complaint to the dispensary manager at the time complaint is made;
  • Store complaint in the point of sale system in the patient profile notes section;
  • Respond to and address the complaint at the time of complaint;
  • If necessary, offer and pay reimbursement or replacement for any returned cannabis or cannabis infused product;
  • Cannabis that has been returned will not be salvaged or reused;
  • Cannabis that has been returned will be quarantined for disposal:
  • Anxiety, dizziness, shallow breathing, red eyes and dilated pupils or dry mouth, increased appetite and slowed reaction time will not meet minimum requirements for reporting adverse effects or return or replacement of cannabis.

 

  • REPORT OF SERIOUS ADVERSE EVENT TO INTERESTED PARTIES

  • Interested parties

In the event a complaint associated with a serious adverse event that has been identified as or resulted in death, life-threatening adverse drug experience, inpatient hospitalization or prolongation of existing hospitalization for more than 24 hours, persistent or significant incapacity or substantial disruption of the ability to conduct normal life functions, congenital anomaly/birth defect, Important Medical Event (IME) that may not result in death, be life threatening, or require hospitalization may be considered a serious adverse drug experience when, based upon medical judgment, it may jeopardize the patient or subject and may require medical or surgical intervention to prevent one of the outcomes listed in this definition is received, a licensee shall promptly report the complaint to:

  • The Department;
  • Either the licensed grower from which the cannabis originated, or the licensed processor from which the cannabis concentrates or cannabis infused product originated;
  • Local Poison control

 

  • COMPLAINT INVESTIGATION BY DISPENSARY

  • Quality or safety of cannabis

Licensee shall allow the division or its representative access to its facility to collect samples of cannabis or cannabis product. The licensee shall bear the cost of any testing required by the division. 

If a complaint regarding the quality or safety of cannabis is received by a licensed dispensary, a licensee shall, within 24 hours, review the complaint to determine if it is substantive or reports a serious adverse event. If a licensee determines that the complaint is substantive or reports a serious adverse event, a licensee shall:

  • Promptly determine the batch number or lot number of the cannabis, the cannabis finished product, cannabis infused product and cannabis concentrate that is the subject of the complaint;
  • Contact the licensee responsible for the origin of product to request an investigation of the record and circumstances of the production of the batch and lot to determine:
  • If there was a deviation from the standard operating procedure in the production of the cannabis or cannabis infused product by reviewing production logs;
  • If the sample meets specification by submitting parts of the retention samples of the batch and lot to an independent testing laboratory.
  • Failure to meet the specification

If sample analysis of the batch or lot reveals that the batch or lot fails to meet specification, the licensee shall:

 

  • Request a recall order of all products derived from or included in the batch or lot;
  • Notify all customers and who may have obtained cannabis products from such a batch or lot of the recall;
  • Communicate all customers who may have obtained cannabis products from such a batch or lot of the recall via email or phone;
  • Communicate all customers who may have obtained cannabis products from such a batch or lot of the recall via company website and email communications platform;
  • Offer and pay reimbursement for any returned cannabis, cannabis concentrate or cannabis infused product;
  • Obtain reimbursement for any returned cannabis, cannabis concentrate or cannabis infused product from licensed grower or processor.
  • Deviation from the standard operating procedure

In a case of a report of a serious adverse event or a substantive complaint, if the investigation reveals a deviation from the standard operating procedure in the production of the batch or lot, the licensee shall:

  • Order a recall of all products derived from or included in the batch or lot;
  • Notify all customers who may have obtained cannabis products or cannabis infused product from such a batch or lot of the recall;
  • Offer and pay reimbursement for any returned cannabis;
  • Obtain reimbursement for any returned cannabis, cannabis concentrate or cannabis infused product from licensed grower or processor.

 

  • CUSTODY OF RETURNED OR RECALLED MATERIAL

  • Customer return of cannabis product

      • A licensed retailer may accept customer returns of cannabis goods that were previously sold to a customer.
      • A licensed retailer shall not resell cannabis goods that have been returned.
  • Record amounts to be disposed using point of sale system;
  • A licensed retailer shall treat any cannabis goods abandoned on the licensed retailer premises as a customer return.
  • Defective manufactured cannabis products returned by customers to a licensed retailer may be destroyed
  • Notification to the Division

The licensee shall notify the New Mexico Cannabis Control Division of any recall within 24 hours of initiating the recall.

  • Storage of recalled product

Cannabis that has been recalled shall be:

 

  • Placed recalled product in segregated quarantine plastic container;
  • Plastic container shall be labeled with a contamination warning;
  • Item shall be labeled with a cannabis waste warning with description of contamination;
  • Be placed in secure room vault until disposal;
  • Segregated from the inventory until the item can be disposed of.
  • Disposal of material

Within 24 hours of the receipt of notice from the Department that the disposal of recalled cannabis is authorized, the licensee shall dispose of the recalled cannabis according to the standard operating procedure after holding in quarantine for 72 hours.

 

  • IMPACT ON SURROUNDING COMMUNITY

  • Minimize negative impacts on surrounding community

Licensee shall minimize negative impacts on the surrounding community and businesses.

  • Distance from sensitive groups

Dispensary premises is located at least 300 feet from schools, parks, daycare centers, churches, and rehabilitation centers.

  • Cannabis shall not be visible by any bystander of the surrounding community;
  • Onsite use of cannabis is strictly prohibited:
  • Enforced by onsite security guard and dispensary management;
  • Violation of onsite use policy by a customer will result in lifetime banishment from premises;
  • Violation of onsite use policy by dispensary agent will result in lifetime banishment from premises and termination of employment.
  • Prevention of loitering

Dispensary premises shall display signage prohibiting loitering:

  • Loitering prohibition shall be enforced by onsite security guard.

 

  • SECURITY AND LAW ENFORCEMENT

  • Security and Law Enforcement cooperation

Dispensary operations will be in partnership and cooperation with local police, fire, code enforcement and other statewide regulatory authorities to ensuring the highest level of security standards are followed for the protection of both its customers and employees.

  1. Licensee shall ensure it incorporates security requirements as set out in NMAC 16.8.2.10 et seq, to ensure that the premises and limited-access areas, including the vault, are secure.

  2. Licensee shall also ensure that cannabis products are not visible from a public place.

 

  • ONSITE SECURITY

  • Security presents

One hour before, during and one hour after hours of operation, a security guard will be actively present. Security guard shall:

  • Prevent loitering;
  • Prevent onsite use of cannabis;
  • Ensure approaching members of the public are:
  • Not in possession of a firearm or weapon;
  • Have government-issued identification;
    • Members of the public not carrying government-issued identification are permitted to entrance to the waiting area only.
  • Security intervention

Security guard shall engage expertise in security enforcement and intervention in occurrence of:

  • Disruptive nuisance;
  • An armed robbery;
  • An invasion;
  • A burglary;
  • Any other criminal incident.
  • If the licensee finds evidence of a theft or burglary within 1 business day the licensee shall report the theft or burglary to the Department and to the New Mexico State Police;
  • If an employee finds evidence of a theft or burglary within 1 business day the employee shall report the theft or burglary to the manager;
  • Within 30 business days of discovering the discrepancy, the licensee shall:
  • Complete an internal investigation;
  • Amend the licensee’s standard operating procedures, if necessary;
  • Send a report of the investigation to the Department if requested.

 

  • SECURITY SYSTEM OPERATION

  • Operation of security system

Instructions on security system operations.

  • Employee entry of premises and limited access areas controlled by chip activated keyed lock;
  • Lock will be programmed to allow select members of management access 24 hours;
  • Employee access one hour before and one hour after operating hours;
  • Security access one hour before and one hour after operating hours;

 

  • Upon entry, management shall enter their unique code to disarm the main security system;
  • Entry to the safe room and records area are further restricted with chip activated keyed locks;
  • End of day management will arm main security system;
  • Monitor all cameras to ensure there are no security threats and inside and outside of premise is secure;
  • Monitor outdoor area surrounding premises to ensure there are no security threats.

 

  • SECURITY LEVELS

  • Security levels of dispensary agents

A licensee shall ensure that only employees of the licensee and other authorized individuals access the limited-access areas of the licensed premises:

  • Dispensary manager access;
  • All zones including:
    • Operation zones;
    • Cash safe;
    • Dispensing area;
    • Storage vault;
    • Safe room;
    • Packaging area;
    • Security systems access codes;
    • Security systems;
    • IT area.
  • Dispensary agent access;
  • Personalized entry code;
  • All zones excluding:
    • Security systems access codes;
    • Security systems;
    • Cash safe;
    • Packaging area;
      • Access limited;
    • Storage vault;
      • Access limited;
    • Safe room;
      • Access limited;
  • Security guard access;
  • All zones including:
    • Operation zones;
    • Dispensing area;
    • Storage vault;
    • Safe room;
    • Packaging area;
    • Security systems access codes;
    • Security systems;
    • IT area.
    • Employee break room.
  • Licensees shall ensure that only employees of the licensee and other authorized individuals access the limited-access areas of the licensed premises.
  • Entry devices and credentials used to obtain entry to limited access areas and systems shall be dispersed to authorized personnel only and/or stored in a locked and secured locking key caddy or safe at all times when not in use:
  • Authorized individuals include outside vendors, contractors, or other individuals conducting business that requires access to the limited-access areas.
  • An individual who enters the limited-access area and is not employed by the licensee shall be:
  • Pre-approved and scheduled by an employee of the licensee;
  • Escorted by an employee of the licensee at all times while within the limited-access area;
  • Recorded in the Limited Access Area Daily Log and Visitor Sign-In template which shall include:
    • Name of the individual;
    • Company the individual works for or is affiliated with;
    • Reason the individual entered the limited-access area;
    • Date of visit;
    • Times the individual entered and exited the limited-access area.
  • A licensee shall not receive consideration or compensation for permitting an individual to enter the limited-access areas.

o There shall be no fees or special considerations associated with entering the licensed premises.

  • Entrances to all limited-access areas shall have a solid door and a lock meeting commercial standard.
  • Entry points to limited-access areas shall remain closed, locked and secured when not in use.

 

  • SECURITY LIGHTING

  • Ensure proper surveillance

Any perimeter entry point of a cannabis establishment must have lighting sufficient for observers to see, and cameras to record, any activity within 20 feet of the gate or entry; and a motion detection lighting system may be employed to light required areas in low-light conditions

 

  • SECURITY ALARM SYSTEMS

  • Perimeter entry points

A licensee shall maintain a security alarm system that covers all perimeter entry points, windows and portals at the premises. The security alarm system shall be:

  • Continuously monitored;
  • Capable of detecting smoke and fire;
  • Capable of detecting power loss.
  • Panic alarm devices

The security alarm system shall include panic alarm devices mounted at convenient, readily-accessible locations:

  • Each register where cannabis is dispensed;
  • Waiting area;
  • Break room;

 

  • Dispensary manager’s offices;
  • Security post;
  • Packaging room;
  • Storage vault;
  • Safe room.
  • Secondary alarm system

A second, independent alarm system shall be used to protect:

  • The location where records are stored on-site in the dispensary manager’s office;
  • The location where records are stored at an independently secured off-site location;
  • The location where IT equipment is located;
  • The location of the safe room that holds cannabis.
  • Security alarm system continued operation

The security alarm system shall remain operational and shall be continuously monitored, until the premises of the licensee no longer have any cannabis on the premises.

  • Security alarm system auxiliary power

All security alarm systems are equipped with auxiliary power sufficient to maintain operation for at least 48 hours.

  1. Monthly maintenance inspection

Licensee shall conduct a monthly maintenance inspection and make all necessary repairs to ensure the proper operation of the security alarm system. Further, Licensee shall maintain documentation for a period of at least 12 months of all maintenance inspections, servicing, alterations, and upgrades performed on the security alarm system.

 

  • VIDEO SURVEILLANCE REQUIREMENTS

  • Surveillance recording system

A licensee shall maintain video surveillance recording system at the premises that:

  • Records all activity in images of high quality and camera resolution of at least 1280 x 720 pixels, capable of clearly revealing facial detail and record at a minimum of 15 fps;
  • Operates 24-hours a day, 365 days a year without interruption;
  • In the event of power failure:

o Surveillance recording systems and content will remain operational for 48 hours using a backup generator;

  • Provides a date and time stamp for every recorded frame.

 

  • Advising visitors of video surveillance

A licensee shall post appropriate notices advising visitors of the video surveillance.

  • Video surveillance of exits

A surveillance camera shall be located and operated to capture activity at each exit from the premises.

 

  • Video surveillance of entrance

A surveillance camera shall capture activity at each entrance to an area where cannabis is packaged, processed, stored or dispensed.

  • Video surveillance records storage

A recording of all images captured by each surveillance camera shall be kept at:

  • The licensed premises;
  • An off-site location.
  • Video surveillance recordings

Recordings of security video surveillance shall be:

  • Access limited;
  • Secured by a security alarm system that is independent of the main premises security alarm system;
  • In a format that can be easily accessed for investigational purposes;
  • Retained for a minimum of 30 calendar days, or 120 for incidents involving theft.
  • Security and surveillance systems

Security and surveillance systems provided by contracted security company:

  • TruVision® Navigator v7.0 by Interlogix
  • Interlogix® TruPortal™ Software
  • Concord 4 TouchScreen from Interlogix®
  • Security and surveillance equipment

Security and surveillance equipment provided by a contracted security company:

  • Electronic Key fob;
  • Security surveillance cameras;
  • Security systems software;
  • Security doors and locking mechanisms;
  • Security surveillance monitors.
  • Fire alarm system

Upon activation of smoke/fire alarm system:

  • Notification to UL listed central station;
  • Dispatch of Fire department;
  • Notification to dispensary management;
  • Check cameras remotely;
  • Notify Department.

Licensee shall ensure all licensed premises are compliant with Article 52 of the New Mexico Statutes Annotated and any associated rules, including rules governing: posting of address, exit signs, emergency lighting, egress paths, evaluation plan, electrical wiring and lighting, exits and exit access, doors, egress hardware, aisle width, chemical storage, fire extinguishers, fire alarm, sprinkler system and fire suppression system, firewalls, combustible waste and housekeeping, storage, access from the exterior, and weeds, grass, vines or other growth capable of igniting.

  • Panic alarm system

Upon activation of panic alarm system:

  • Notification to UL listed central station;
  • Dispatch of Police department;
  • Notification to Dispensary management;
  • Check cameras remotely;
  • Notify Department.
  • Failure Notification System

The digital video surveillance system shall be equipped with a failure notification system that provides notification to the licensee of any interruption or failure of the digital video surveillance system or digital video surveillance-system storage device.

  • Department or law enforcement agency access

Any recording of security video surveillance shall be made available to the Department or New Mexico law enforcement agency for just cause as requested.

 

  • STORAGE USE AND HANDLING OF HAZARDOUS MATERIALS

  • Storage hazardous chemicals

Safe storage of corrosive, flammable, highly toxic, and highly reactive or explosive chemicals.

  • Date chemicals;

o Write the date of purchase on the outside of the container.

  • Labels contents and hazards clearly.
  • Do not store flammables in standard fridge or area the is exposed to ingestable products.
  • Sort and store chemicals by hazard:
  • acids bases;
  • organic oxidizers;
  • inorganic oxidizers;
  • flammable liquids;
  • flammable solids;
  • acute poisons;
  • water-reactive.
  • Safe handling of hazardous chemicals

The fundamental principles for handling hazardous chemicals.

  • Know potential hazards of a chemical before handling it.
  • Use in limited access areas with special signage posted when in use.

 

  • Minimize exposure to chemicals:
  • Use personal protective equipment to prevent chemicals from contacting your skin;
  • Use proper ventilation devices.
  • Know the location of:
  • Safety equipment;
  • Fire alarms;
  • Telephones.
  • Disposal of hazardous wastes:
  • All waste must be labeled;
  • Do not mix hazards and non hazardous waste;
  • Keep chemically different hazardous waste separate.

 

  • LICENSED DISPENSARY PREMISES ORGANIZATION

  • Division of zones

A licensee shall divide the licensed dispensary premises between a public zone and an Limited Access Area.

  • Public zone

The public zone shall have:

  • A waiting area open to the general public;
  • A service area in which a customer may consult with a dispensary agent and receive cannabis;
  • Restricted entry into the service area to verified visitors, customer;
  • Displayed hours of business at the entrance to the public zone.
  • Limited Access Area

All operations other than consulting with customer and dispensing cannabis shall be carried out in the limited access areas that shall be appropriately divided into areas for:

  • Cannabis storage;
  • Cannabis inspection;
  • Cannabis receiving;
  • Cannabis preparation, labeling, and display;
  • Use by dispensary agents for breaks;

 

  • Manager offices;
  • Reception area for checking in and verifying customers.

The limited access area shall only be accessible the licensee and its authorized employees, authorized vendors, contractors or other authorized individuals. Accordingly, licensee shall ensure that only authorized employees of the licensee and other authorized individuals have access to the limited-access areas of the licensed premises.

Further, all employees of the licensee visibly display an employee identification badge at all times while present within a limited-access area. Other authorized individuals shall obtain a visitor identification badge prior to entering a limited-access area, and the visitor identification badge shall be visibly displayed at all times while the visitor is in any limited access area.

  • Zone Restriction

Prevention of unauthorized access to facility, records, and products;

  • Within the licensed premises security surveillance cameras will be displayed on a live feed within the manager offices, reception area and loading dock exit;
  • Display will show real time status of all security surveillance cameras to ensure that they are properly functioning and maintained;
  • Security system will be will be monitored and maintained by the Licensee and the third-party security provider;
  • Limited Access Areas will only be accessible to authorized, dispensary agents through a locked door accessible by electronic keys;
  • Continuously visually supervise all visitors who enter operations zones of the premises at all times;
  • Signage stating, “Do Not Enter – Limited Access Area – Access Limited to Authorized Personnel Only” to ensure that all persons are aware of various areas within the licensed premises;
  • No cannabis is allowed in restrooms, changing rooms, or locker rooms.
  • Reporting of Unauthorized Access

Reporting of unauthorized access to zones containing records, and products;

  • In the occurrence of unauthorized access to zones containing records, and products, the dispensary manager shall:
  • Investigate occurrence immediately;
  • If necessary, report to Department;
  • If necessary, report to local law enforcement.
  • Zone signage

Appropriate signage shall clearly delineate the separate zones.

  • Each zone will have clear signage on the door of each entrance/exit indicating what zone and who may be allowed to enter;
  • The door leading from the public area into the service area will have a sign stating only customers and dispensary agents with proper identification are allowed inside the service area;
  • The doors leading to limited access areas shall state “Authorized Dispensary Agents Only”.
  • Secure zone access points

Doors and other access points between zones shall be secured.

 

  • Secure zone systems

Security alarms systems and video surveillance shall be used to monitor the separation between zones.

  • Within the licensed premises security surveillance cameras will be displayed on a live feed monitors within the manager office, reception area and loading dock exit;
  • Display will show real time status of all security surveillance cameras to ensure that they are properly functioning and maintained;
  • Security system will be will be monitored and maintained by the Licensee and the third-party security provider;
  • All doors will also be within sight of surveillance cameras;
  • Limited Access Areas will have doors that feature key-card access locks that will restrict movement to authorized personnel only;
  • All doors throughout the licensed premises will require key cards at all times with the exception of;
    • Front door leading to the public waiting area;
  • Key card access for all doors will document the movement of any persons to and from the limited access areas;
    • All authorized dispensary agents will be assigned specific keys with unique identifying information that will never be traded or transferred between dispensary agents;
    • The key-card access system will be capable of logging each time each key card is used;
    • The key-card access system information will be stored within a secure server provided by a third-party security provider;
    • Tamper-evident logbooks will be available for use as a backup in case of failure of the key locks.
  • Secure room

All cannabis, other than that being received, displayed, processed, pre-ordered, or dispensed during business hours, shall be kept in a secure room:

  • Constructed of building material that meets standards of concrete that prevents unauthorized entry;
  • Bears one entrance door that:
  • Meets commercial security standards;
  • Is equipped with a cipher or chip-activated keyed lock.
  • Other than while the licensed dispensary is open for business and one hour before and one hour after, all inventory of cannabis shall be stored in the secure room.

 

  • Secure inventory

No individual other than a dispensary agent may handle the inventory in the operation zone of the dispensary until dispensed.

 

  • APPLICABLE REFERENCES

NEW MEXICO CODE OF REGULATIONS TITLE 16 DIVISION 42. DEPARTMENT OF CANNABIS CONTROL

 

By signing my name below, I certify that I have read the above information. Any questions concerning these policies have been discussed. My signature also certifies my understanding of and agreement with the above policies. I understand I am responsible for following all above policies and procedures. Violation of above polices may result in disciplinary action up to and including termination. You may receive a copy of this document upon request.

 

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