Hemp Program Frequently Asked Questions
Section 1: General Questions
1. What is a hemp facility?
A: A hemp facility means a hemp extraction facility, hemp manufacturing facility, or hemp warehouse.
2. Do I need a permit to produce all hemp-containing products?
A: Not at this time. A permit from NMED is required when manufacturing hemp-containing products for human ingestion, absorption, or smokable products.
3. Do I need a permit to produce dried hemp products?
A: Yes, a hemp manufacturing permit from NMED required for drying and/or processing (i.e. trimming) of hemp/hemp flower into a finished product, or product that does not need further processing to be offered as a finished product.
4. What is a hemp harvest certificate?
A: A document issued by the New Mexico Department of Agriculture to a person licensed to harvest hemp for distribution or sale certifying that a quantity of hemp meets the THC concentration required pursuant to 21.20.3 NMAC.
5. What is a hemp transportation manifest?
A: A form used for identifying the quantity, composition, origin, routing and destination of hemp products during transportation.
6. What is the maximum amount of THC allowed in a finished product?
A: The maximum THC concentration allowed in a hemp finished product is 0.30%.
7. What are the zoning requirements for a hemp facility?
A: The zoning requirements for any business, including a hemp extraction or manufacturing facility or hemp warehouse, are determined by the local city/municipality/village/etc. government.
Section 2: Application and Permitting
1. What is the general process for applying for a permit?
A: An applicant completes the appropriate application and submits it, along with the required fee, to NMED. The application is then reviewed and NMED then asks questions and/or requests further information, if necessary. A pre-operational inspection is then scheduled and completed by NMED and if it is determined the facility meets the requirements in the hemp rules, approval is given to open and a permit to operate is issued by NMED. If the hemp facility does not meet the requirements to open, NMED will provide a list of needed corrections and will conduct another pre-opening inspection after receiving verification that all corrections have been made.
2. Do I need a permit to sell pre-packaged CBD or other hemp products?
A: No, not at this time. IT is highly recommended that all pre-packaged product comes from a business is permitted/licensed by the proper state authority to manufacture hemp finished products. This helps ensure safe and legal products are sold in NM. You can verify permitting/licensing by requesting a copy of it and verifying it has been issued by the state agency listed here.
3. When do I need a hemp facility permit?
A: When you are producing hemp extract, manufacturing hemp-containing products that are for human consumption (ingestion), absorption, or are smokable products. Also, if you are storing/warehousing hemp extract, you must have a hemp warehouse permit to do so.
4. How much is the application fee?
A: A non-refundable fee of $1000.00 is required with each hemp application submitted. The fee includes application, plan review, pre-operational and regular inspections, and permit fees.
5. How can I pay the hemp facility fee?
A: The fee must be submitted with an application and can be paid via check or money order (made out the New Mexico Environment Department).
6. Where do I submit my application?
A: When your application is complete, email us for submission instructions.
7. How detailed does my application need to be?
A: Applications submitted must be complete. Applicants must provide as much detail as possible for each question and/or item. Incomplete applications will not be reviewed and will be returned to the applicant. The easiest way to explain how much detail is necessary is to say: “we should be able to use your application to produce your product for you, without additional input from you”.
8. Why does the application look so much like a food manufacturer application?
A: Many facility and production safety requirements are the same.
9. Can you come out and look at my facility I’m thinking about renting before I submit my application?
A: Limited resources currently prohibit this. The hemp program can answer specific questions regarding a facility. Questions should be emailed.
10. Do I need an operational plan for every item on my menu?
A: Yes, but hemp products or types of production methods may be grouped together, if hazards and procedures required to produce them are essentially identical. An example of an acceptable grouping of products into a single operational plan is tinctures that are made using the same manufacturing process and ingredients and only vary in CBD content and/or flavor. In this case, you would provide these products in a single list, followed by a single operational plan. Be sure to highlight the steps where differences exist (i.e. different amounts of CBD isolate added, or different flavors added).
11. I can’t meet the requirements of the rules. Are there any applications for special circumstances?
A: Not at this time.
Section 3: Hemp cultivation Questions
1. If I am a grower licensed by the New Mexico Department of Agriculture, do I need a permit with NMED?
A: If you perform extraction, process or manufacture hemp-derived material and/or hemp finish products, or store hemp extract a permit from NMED is required.
2. Where can I find further information about becoming a grower, or a list of currently approved hemp growers in the state of NM?
A: For more information on hemp growers in New Mexico, call the New Mexico Department of Agriculture at (575) 646-3207 or send them an email.
Section 4: Purchasing Hemp or Hemp-derived Material
1. Can I purchase ingredients, such as hemp, extract, distillate, or isolate from out of state sources?
2. What do I need from a grower to accept hemp for extraction?
NM-based hemp: A “PASS” harvest certificate from NMDA and a transportation manifest.
Out-of-state hemp: A harvest certificate demonstrating the hemp was 0.3% THC concentration or less at harvest, a transportation manifest, and a copy of the permit/license demonstrating the grower is properly permitted/ licensed by the state agency identified here.
All records identified above must be filed as part of the hemp facility’s record keeping procedures for a minimum of two years.
3. What do I need to accept hemp-derived material (i.e. extract, crude oil, distillate, isolate) produced by someone else?
A: The product must be received from an approved source with a hemp transportation manifest. The transportation manifest and a copy of the business’s permit/license must be kept on file for a minimum of two years.
Section 5: Labeling Requirements
1. Are there any tools available to help me with the labeling requirements?
A: Yes, the FDA Food Labeling Guide is a great tool that will walk you through the labeling requirements outlined in 126.96.36.199A(1) of the hemp rules.
2. Can I put “No THC” or “THC-Free” on my product labels?
A: No. The Hemp Rules prohibit statements representing or inferring a product is THC-free.
Section 6: Lab Questions
1. What labs can I use to test my product?
A: NMED maintains a list of labs approved to complete analytical testing required by the hemp rules. If other testing is required by customers, it does not have to be conducted by an approved lab.
2. I have a lab that I want to use, how does an analytical laboratory become NMED approved for hemp finished product testing in NM?
A: There are currently two ways to be approved for hemp finished product testing for NM produced products.
- Approved by the New Mexico Department of Health (NMDOH) Medical Cannabis Program.
- ISO accredited for hemp and/or cannabis within the scope of the analytical testing requirements in the Hemp Rules.
3. What are the testing requirements for hemp products?
A: The testing requirements and limits are listed in 188.8.131.52 of the Hemp Rules.
Section 7: Contacting NMED regarding hemp-related Issues
1. I know someone who is making hemp products without a permit. Where can I voice my concerns?
A: You can send us an email with the information and we’ll investigate. If you would rather call, please call 505-222-9515.
2. I have a question, how can I best get it answered?
Due to extremely limited staff resources, the very best way to get answers to questions is to email us. Questions should be as specific as possible to allow NMED to provide the quickest and most accurate answers. If further discussion is needed, NMED will set up a phone call.