December 22, 2021

NM cannabis regulators to hold hearing on packaging, ad rules

The New Mexico Cannabis Control Division will hold a public rulemaking hearing next week regarding rules and regulations for labeling and marketing cannabis products, as well as health and safety protocols for packaging edible and topical cannabis products. 

The hearing will take place on Dec. 30 and the division has already started accepting written comments and will accept them until the end of the hearing. Oral comments can also be made during the hearing. 

The proposed rules would prohibit cannabis companies from advertising or marketing their products “on radio, television or other broadcast media, internet pop-ups and mass transit vehicles.” 

An exception to that rule would be for subscription broadcast services where subscribers are at least 21 years old. Advertisements that are on “billboards, posters, handbills or other visual media” that are within or can be seen within 300 feet of a school, church or daycare would also be prohibited under the proposed rule.  

The proposed rules would also prohibit the likeness of a celebrity or images that “are commonly used to market products to minors.”

Overall, the rules would prohibit branding that targets minors under 21, including branding that resembles products that are normally marketed towards kids. 

The rules would also create a general serving size of 10mg of THC for edibles and consumption areas would be required to provide a way to measure out a serving size if an on-site consumable product is packaged as more than one serving. Consumption areas would also be able to sell unlabeled cannabis products as long as a menu is provided with potency information. Those unlabeled and unpackaged products at consumption areas would also only be allowed if the cannabis product is consumed on the premises. 

The rules also outline food safety guidelines for packaging material and facilities that handle edible products. 

The hearing will be held exclusively online, due to public health concerns. A link to join the online meeting, supporting documents and the proposed rules themselves can be found here

CORRECTION: This story has been updated to correctly reflect the date of the Dec. 30 hearing.