A. The New Mexico department of agriculture shall issue licenses pursuant to rules issued under Subsection C of this section to breed Cannabis sativa L. to produce new hemp varieties.

B. A person shall not breed Cannabis sativa L. to produce new hemp varieties unless the person is licensed by the New Mexico department of agriculture or licensed pursuant to Subsection C of Section 8 [76-24-10 NMSA 1978] of the Hemp Manufacturing Act to engage in that activity.

C. The board, on behalf of the New Mexico department of agriculture, shall adopt rules that include:

(1) procedures for the issuance, denial, renewal, suspension and revocation of a license issued by the New Mexico department of agriculture to breed Cannabis sativa L. to produce new hemp varieties, including license terms and procedures for appeal of a denial, suspension or revocation that include notice and opportunity for a hearing;

(2) qualifications for licensure that include the demonstrated ability to breed Cannabis sativa L. to produce new hemp varieties under secure conditions;

(3) proficiency standards and requirements for storage, recordkeeping and inspections;

(4) requirements that Cannabis sativa L. containing THC levels of more than three-tenths percent be disposed of according to specified methods; and

(5) fees not to exceed the lesser of one thousand dollars ($1,000) or the cost of administration of a license issued pursuant to this section.

D. A license issued pursuant to this section does not relieve the licensee of the responsibility to obtain other licenses or permits as required by law.

History: Laws 2019, ch. 116, § 5.

Effective dates. — Laws 2019, ch. 116, § 13 made Laws 2019, ch. 116 effective July 1, 2019.