A. A person shall not transport hemp unless during such transportation the person has in the person's immediate possession a harvest certificate for that hemp provided by the licensed grower.
B. A person shall not transport hemp-derived materials unless during such transportation the person has in the person's immediate possession a manifest issued by a person licensed pursuant to the Hemp Manufacturing Act or other applicable law.
C. The department of environment shall establish a manifest system and any other reasonable means necessary to ensure that hemp-derived materials originating from a person permitted pursuant to Section 6 [76-24-8 NMSA 1978] of the Hemp Manufacturing Act are identifiable during transport and that the materials are transported only between persons licensed, permitted or otherwise authorized to possess hemp-derived materials pursuant to the Hemp Manufacturing Act or other applicable law.
D. A person that transports hemp-derived materials or food additive hemp finished products intended for human consumption by eating or drinking shall be subject to the provisions of the Food Service Sanitation Act [Chapter 25, Article 1 NMSA 1978] and the New Mexico Food Act [25-2-1 to 25-2-20 NMSA 1978].
E. Transporting hemp or hemp-derived material without a harvest certificate shall constitute a petty misdemeanor, punishable by a fine of up to five hundred dollars ($500).
F. Product in excess of eight ounces that has the appearance of hemp and is in the possession of a person suspected of violating the provisions of Subsection E of this section may be seized by a law enforcement agency until such time as the agency is able to identify the product, in cooperation with the department of environment or the New Mexico department of agriculture, but for no longer than five days.
G. As used in this section, "harvest certificate" means a certificate, license, permit or other document pursuant to rules adopted under the Hemp Manufacturing Act for use during transportation of hemp or hemp-derived material, whether in the possession of a person or electronically verified by a law enforcement agency.
History: Laws 2019, ch. 116, § 7.
Effective dates. — Laws 2019, ch. 116, § 13 made Laws 2019, ch. 116 effective July 1, 2019.
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