Traceability & Compliance
Introduction
What types of materials are destroyed?
How is it handled and destroyed?
Importance of documentation.
What is Cannabis Waste?
Cannabis waste refers to byproducts of cannabis plants or derivatives that are no longer usable or intended for consumption. This includes all parts of the plant, whether containing THC or not, as well as expired, untested, or contaminated products. (Refer to 16.8.1.7(2) for the official definition of cannabis waste.)
How is Cannabis Waste Handled?
Handling cannabis waste involves specific regulatory steps to ensure compliance and environmental protection. The key methods and requirements are detailed below:
Rendering Unusable:
Cannabis waste must be mixed with at least 50% non-cannabis material by volume (e.g., soil, compost, or yard waste), ensuring it is both unusable and unrecognizable.
(Refer to 16.8.2.15(A) for the permitted methods of wastage.)Secured Holding:
Waste must be stored in a secure designated area for a minimum of 72 hours before destruction. The batch must remain documented with key details, such as batch number, plant number, and weight, during this period.
(Refer to 16.8.2.15(C) for holding requirements.)Tracking and Recording:
All cannabis waste must be recorded in the electronic track-and-trace system specified by the regulatory division. This includes batch details, weight, destruction dates, and the receiving waste facility.
(Refer to 16.8.2.15(D) for tracking and documentation requirements.)Compliance with Disposal Laws:
Waste disposal must adhere to all applicable local, state, and federal laws, including hazardous waste regulations.
(Refer to 16.8.2.15(B) for disposal compliance.)Documentation and Video Recordings:
Destruction must be recorded via video and retained for no less than 120 days for regulatory review. Written records must also be kept for at least two years.
(Refer to 16.8.2.15(D) for video recording and documentation requirements.)Notification of Division:
Licensees must notify the regulatory division of wastage events within five business days.
(Refer to 16.8.2.15(E) for notification requirements.)
Why is Cannabis Waste Documentation Important?
The importance of documenting cannabis waste is emphasized throughout the regulations to ensure compliance, transparency, and safety. Specific references highlight key reasons:
Regulatory Compliance:
Accurate tracking of waste prevents violations of state laws, helping licensees avoid fines and penalties. (Refer to 16.8.7.8 for general tracking requirements.)
Preventing Diversion:
Waste must be rendered unusable and securely handled to prevent diversion to illegal markets. (Refer to 16.8.2.15(A) for methods ensuring waste cannot be reused.)
Environmental Safety:
Proper disposal mitigates risks to public health and the environment, such as soil or water contamination. (Refer to 16.8.2.27(A)(4) for waste system maintenance requirements.)
Audit and Inspection Readiness:
Regulatory agencies require detailed records and video evidence for inspections and audits. (Refer to 16.8.2.15(D) for retention requirements of documentation and video recordings.)
Inventory Control:
Tracking waste ensures accurate inventory management by deducting destroyed cannabis from the licensee’s stock. (Refer to 16.8.2.15(D) and 16.8.7.8(D)(3-4) for inventory tracking requirements.)
Additional Scenarios
Failed Product Testing:
Any cannabis products that fail mandatory safety tests and cannot be remediated must be destroyed in compliance with wastage regulations. (Refer to 16.8.6.12(B)(3) for failed product wastage.)
Recalls:
Recalled products deemed unsafe must also follow wastage protocols to ensure public safety. (Refer to 16.8.2.11(C) for recall-related wastage.)
Transportation of Waste:
Cannabis waste must be transported securely with a shipping manifest and locked containers to prevent contamination or diversion. (Refer to 16.8.2.13(A-B) for transportation requirements.)
Conclusion
Proper handling and documentation of cannabis waste, as outlined in 16.8.2.15 and related sections, are critical for compliance, environmental protection, and inventory control. The regulations ensure that cannabis waste is securely managed, environmentally responsible, and properly tracked to prevent misuse or illegal diversion.
Destruction of THC Products & Materials in Biotrack
General Plant Waste
This section focuses on accounting for general waste not associated with the harvest, cure, or conversion process. An example of general waste includes collecting dead leaves and vegetation trim during a daily walkthrough of plant rooms.
Record Collection of General Waste
Navigate to the "Cultivation" tab and click on the "Collect Waste" button on the right-hand side of the home screen.
This action brings up the "Collect Waste" screen.
Enter the amount of general waste collected and click "OK."
Switch to the "Inventory" tab, go to the "Current" sub-tab, and select the "Bulk Inventory" room from the room dropdown.
The collected waste will be listed as a line-item with its own Traceability Identifier.
Schedule Plant Destruction
This function allows scheduling the destruction of a plant, initiating a 72-hour waiting period before the actual removal.
Navigate to the Plant Room where the plant to be destroyed is located.
Select the checkbox to the left of the plant.
Click the "Destroy" button at the bottom of the screen.
Destroy Plant
This function allows the actual destruction of a plant after the 72-hour waiting period has expired.
Navigate to the Plant Room where the plant scheduled for destruction is located.
Select the checkbox to the left of the plant.
Click the "Destroy" button at the bottom of the screen.
If an attempt is made to destroy the plant before the waiting period expires, a pop-up window displays the remaining hours before destruction is allowed.
Inventory Destruction
This section focuses on accounting for inventory items and manufacturing bi-products such as from conversions.
Record Collection of Inventory Destruction
Navigate to the Inventory Room where the inventory item to be destroyed is located.
Select the checkbox to the left of the item.
Click the "Destroy" button at the bottom of the screen
Destroy Inventory
Navigate to the Inventory Room where the inventory item to be destroyed is located.
Select the checkbox to the left of the item.
Click the "Destroy" button at the bottom of the screen.
If an attempt is made to destroy the item before the waiting period expires, a pop-up window displays the remaining hours before destruction is allowed.
Note
Destroying plants or inventory items in the system does not delete any previously submitted Traceability System data for that item. It simply marks the item as destroyed and removes it from further use.
Physical Destruction of THC Products & Materials
Setup
Begin by inspecting your entries for destruction; these may consist of finished or unfinished products and materials. Validate each entry's reason for destruction; this may be due to contamination, exposure, expiration or QA issue. Once you have validated your entries, set them all into a storage receptacle along with a date and time. Line a large industrial trash can with tinted food grade trash bags, record the weight of the empty receptacle with the liner and set it aside. The entire destruction process will need to be recorded on digital video for verification with dates and time, select your method of recording. You may now schedule all entries for destruction in Biotrack
BioTrack
Once you have predetermined which items will be physically destroyed, you must schedule them for destruction in Biotrack. To do this, highlight the product you wish to destroy; be sure that the item is singular and not part of a larger batch. While highlighted, proceed to click on the DESTRUCTION button, you will be prompted to provide some detail. Enter the reason for destruction and select enter; do this for all entries. You will now see the STATUS of each item show the scheduled destruction date; record this date and time.
Processing
Before any processing, be sure to set up and begin video recording making notes of date and time. The product and materials must be broken down in a way so that the original packaging is unusable; the apparatus for use is destroyed; and the THC containing materials is exposed to compost mixtures. Use sharp shears to tear through original packaging, use pliers to crush cartridges and be sure that the physical THC materials are exposed (oil, edible, flower etc). As you destroy the items you may discard them into the receptacle, when you are done you may record Weight B
Destruction
Take Weight B’s amount; you must incorporate it into a mixture =50% of the total weight
Example; 50g of THC product = 50g mixture
Compost mixture is a combination of (40%) Kitty litter, (5%) Clorox Bleach and (5%) blue dye = to the weight of THC product, add each item individually until desired weight is achieved. Stir, shake or otherwise incorporate the mixture completely into the receptacle, seal the bag, and record Weight C
Disposal
Ensure the bag is fully sealed and removed from the receptacle, place the bag into an approved and secure disposal unit. Record the time, date and name of the division receiving and processing the waste.
Tear down
You may now end recording; notate date and time. Clean up any debris from the work area, clean and sanitize all areas of contact including equipment. Return equipment and materials to appropriate locations. Be sure all destruction event records are stored accordingly.
Definitions & References
Definitions
16.8.1.7 DEFINITIONS: Unless otherwise defined below, terms used in Title 16, Chapter 8, have the same meanings as set forth in the Cannabis Regulation Act and the Lynn and Erin Compassionate Use Act.
(2) “Cannabis Waste” means all parts of the plant genus Cannabis which may or may not contain a delta-9-tetrahydrocannabinol concentration of more than three-tenths percent on a dry weight basis, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin; and the mature stalks of the plant; fiber produced from the stalks; oil or cake made from the seeds of the plant; any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake; or the sterilized seed of the plant that is incapable of germination which has been designated as no longer usable cannabis.
(1) “Waste” or “wastage” means the process of rendering cannabis or cannabis products unusable and unrecognizable, including the destruction of cannabis or cannabis products.
Wastage of Cannabis References
16.8.2.15 WASTAGE OF CANNABIS OR CANNABIS PRODUCTS; PERMITTED METHODS: Licensees that waste cannabis or cannabis products shall do so by rendering the cannabis or cannabis products unusable and unrecognizable prior to removal from licensed premises. The wastage of cannabis or cannabis products shall be documented, tracked by batch, and recorded in an electronic track and trace system specified by the division. Wastage of cannabis or cannabis products shall occur only within the licensee’s ordinary business hours. Licensees shall dispose of wasted cannabis or cannabis products and shall not attempt to incorporate wasted cannabis or cannabis plants into any product intended for human consumption.
A. Permitted methods of wastage: Wastage of cannabis or cannabis plants 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;
B. Disposal of wasted cannabis: Disposal of wasted cannabis or cannabis plants shall be conducted in accordance with all applicable waste disposal laws, including hazardous waste disposal laws.
C. Holding time: Cannabis or cannabis products that a licensee intends to waste shall be held in a secured designated holding area for a minimum of 72-hours prior to being wasted. Licensees shall affix to each batch that is held for wasting documents that record information concerning the batch, including batch number or code, plant number, and weight. The batch to be wasted shall not be handled, moved, or wasted during the 72-hour period, unless by specific instruction of the division. Cannabis or cannabis products that are intended to be wasted may be subject to inspection by the division.
D. Documentation of wastage; retention: Licensees shall record the wastage of cannabis or 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, using an electronic system specified by the division, and shall deduct any wasted usable cannabis or cannabis plants from the licensee’s inventory. The electronic record shall be retained for no less than two years following the disposal. Licensees shall additionally document the wastage of any cannabis using a video recording and shall retain the video recording of the destruction for no less than 120 days. Licensees shall make the video recording of the destruction available for the division’s inspection and copying upon the division’s request.
E. Notice to division: Licensees shall notify the division of the wastage of cannabis within five business days of the wastage.
[16.8.2.15 NMAC - N, 08/24/2021]
16.8.2.27 MINIMUM REQUIREMENTS FOR THE PRODUCTION OF CANNABIS:
16.8.2.27 MINIMUM REQUIREMENTS FOR THE PRODUCTION OF CANNABIS:
A. General requirements: Licensees shall ensure the following:
(1) all production activities are done on premises that are in compliance with state and local laws that do not conflict with the Cannabis Regulation Act or the Lynn and Erin Compassionate Use Acts;
(2) the licensee’s right to use the quantity of water sufficient to meet the production facility’s needs remains in good standing;
(3) plumbing shall be of adequate size and design, adequately installed, and maintained to carry sufficient quantities of water to required locations throughout the facility, including sufficient quantities of water to properly convey sewage and liquid disposable waste from the facility; and
(4) all weighting or measuring devices that are used in the wholesale of cannabis be appropriately documented as having undergone certified registration and calibration that is in accordance with applicable requirements of the New Mexico department of agriculture.
B. Cultivation plan: Licensees shall create and maintain a cultivation plan, which shall include all of the following:
(1) a detailed premises diagram showing all cultivation activity areas, boundaries, and dimensions in feet.
(2) square foot measurement of mature cannabis plant cultivation area(s), including aggregate square footage if the mature cannabis plant cultivation areas are noncontiguous;
(3) area(s) outside of the mature cannabis plant cultivation areas where only immature plants shall be maintained, if applicable;
(4) designated pesticide and other agricultural chemical storage area(s);
(5) designated processing area(s) if the licensee will process on site;
(6) designated packaging area(s) if the licensee will package products on site;
(7) designated composting area(s) if the licensee will compost plant or cannabis waste on site;
(8) designated secured area(s) for cannabis waste if different than composting area(s);
(9) designated area(s) for harvested cannabis storage;
(10) designated seed production area(s) which may contain mature plants for nursery purposes only.
E. Cannabis waste: Licensees shall create and maintain cannabis waste procedures meeting the requirements set forth in 16.8.2.22 NMAC.
F. Safety and health requirements: Licensees shall ensure the following:
(6) operating systems for waste disposal are maintained in an adequate manner so that they do not constitute a source of contamination in areas where cannabis is exposed;
(7) water damage is properly and timely treated to protect health and safety of employees and the public, and that fiberglass and other insulation material is not exposed;
(8) adequate safety-type lighting in all areas where cannabis is produced or stored, if applicable, and where equipment is cleaned;
(9) rubbish is disposed of so as to minimize the development of odor, minimize the potential for the waste becoming an attractant and harborage, or breeding place for pests;
[16.8.2.27 NMAC - N, 08/24/2021; A/E, 12/02/2021; reverted by operation of law, 05/07/2024]
16.8.2.10 SECURITY AND LIMITED-ACCESS AREA:
16.8.2.10 SECURITY AND LIMITED-ACCESS AREA: All phases where cannabis or cannabis products are cultivated, stored or held, weighed, packaged, manufactured, disposed or wasted, all point-of-sale areas, and any room or area storing a digital video surveillance system storage device shall take place in a designated limited-access area where cannabis and cannabis products are not visible from a public place without the use of binoculars, aircraft, or other optical aids. For purposes of this rule, cannabis or cannabis products are not visible if it cannot be reasonably identified. Licensees shall comply with the security requirements set out in this rule to ensure that licensed premises and limited-access areas, including a vault, are secure.
16.8.2.11 RECALL OF CANNABIS:
16.8.2.11 RECALL OF CANNABIS:
A. Written procedures: Licensees shall establish and implement written procedures for recalling cannabis and cannabis products that have been sold or otherwise distributed to the public or other cannabis establishments. Recall procedures shall be made available for the division’s inspection upon request.
B. Recall procedures: The recall procedures shall identify:
(1) the circumstances in which a recall will be conducted, including the circumstances involving the mislabeling or contamination of products;
(2) personnel responsible for implementing the recall procedures;
(3) procedures for notification of all customers who have, or reasonably could have, obtained an affected product, including communication and outreach via broadcast media, as appropriate;
(4) procedures for notification of any other cannabis establishment that supplied or received the recalled product;
(5) instructions to be provided to customers or other cannabis establishments for the return or destruction of the recalled product; and
(6) procedures for the collection and wastage (as may be required by the division) of any recalled product.
C. Destruction of recalled product: All recalled products that are intended to be destroyed shall be wasted in accordance with the wastage requirements of the division.
D. Division notification: The licensee shall notify the division of any recall within 24 hours of initiating the recall.
E. Division recall order: The division may order the immediate recall of cannabis or cannabis products if it deems such action necessary to protect public health and safety.
[16.8.2.11 NMAC - N, 08/24/2021]
16.8.2.13 REQUIREMENTS FOR THE TRANSPORTATION OF CANNABIS:
16.8.2.13 REQUIREMENTS FOR THE TRANSPORTATION OF CANNABIS:
A. General requirements: The following requirements apply when disposing of wasted cannabis or cannabis plants or transporting cannabis or cannabis products between licensees or licensed premises:
(1) transportation of cannabis or 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;
(2) prior to transporting any cannabis or cannabis products to another licensee, the licensee shall have a completed transfer or sales invoice or receipt and a chain of custody form, the licensee shall only transport cannabis or cannabis products listed on the invoice or receipt and chain of custody form, and the invoice or receipt and chain of custody form may not be altered or changed once transport begins;
(3) transportation of cannabis or cannabis products by means of a human powered vehicle or unmanned vehicle is prohibited;
(4) cannabis or cannabis products shall only be transported inside of a motor vehicle or trailer in reasonable operating condition and shall not be visible or identifiable from outside of the vehicle or trailer;
(5) cannabis or cannabis products shall be locked in a box, container, or cage that is secured within the inside of the vehicle or trailer, including when such a box, container, or cage is located inside of the trunk;
(6) vehicles and trailers shall be locked and secured while left unattended;
(7) licensees shall not leave a vehicle or trailer containing cannabis or cannabis products unattended in a residential area;
(8) vehicles shall have a vehicle alarm system ;
(9) packages or containers holding cannabis or cannabis products shall not be tampered with, or opened, during transport;
(10) 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;
(11) licensees may transport multiple shipments of cannabis or cannabis products at one time in accordance with applicable laws;
(12) licensees shall not deviate from the travel requirements described in this section, except for necessary rest, fuel, or vehicle repair stops;
(13) under no circumstances may alcoholic beverages be transported with cannabis or cannabis products;
(14) 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;
(15) notwithstanding subsection A of this section, cannabis or cannabis products may be transported by foot, hand truck, forklift, or other similar means if it is not operationally feasible to transport cannabis products inside of a vehicle or trailer because the licensed premises that the cannabis products will be transported from and the licensed premises that will be receiving the cannabis products are located within the same building or on the same premises;
(16) storage and transportation of cannabis and cannabis products shall be under conditions that will maintain and protect the cannabis or cannabis products against physical, chemical, and microbial contamination as well as against deterioration of the cannabis or cannabis products and the container;
(17) the vehicle must be properly registered with the New Mexico motor vehicle division; and
(18) the driver of the vehicle must be prepared to show proper identification, including a licensee employee badge, driver’s license, vehicle registration and proof of insurance, and the appropriate shipping manifest and chain of custody form to law enforcement and the division when requested.
B. Shipping manifest: Prior to transporting cannabis or cannabis products, a licensee shall generate a shipping manifest through the track and trace system for the following activities:
(1) testing and sampling of cannabis or cannabis products;
(2) sale of cannabis or cannabis products to a licensee;
(3) destruction, wastage, or disposal of cannabis or cannabis products; and
(4) any other activity, as required by the division or any other government authority.
C. Transmittal of manifest: Licensees shall transmit the shipping manifest to the division and (if applicable) the licensee that will receive the cannabis or cannabis products via the online track and trace portal prior to transporting the cannabis or cannabis products.
D. Verification of manifest: Licensees shall ensure and verify that the cannabis or cannabis products being taken into possession for transport at the originating licensed premises are described and accurately reflected in the shipping manifest. For purposes of this section, the licensee may verify that the cannabis or cannabis products are accurately reflected in the shipping manifest by confirming that the number of boxes of cannabis or cannabis products, type of cannabis or cannabis products, or the units of cannabis or cannabis products matches the label on the boxes containing the cannabis or cannabis products.
E. Rejection of shipment: Licensees shall not take into possession or transport:
(1) Any cannabis or cannabis products that are not on the shipping manifest; or
(2) 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.
F. 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.
G. Void or change prohibited: Licensees shall not void or change a shipping manifest after departing from the originating licensed premises.
H. Documentation of all transport: A shipping manifest and chain of custody form shall accompany every transport of cannabis products.
I. Alternative notice of shipment: Notwithstanding any provision of this section to the contrary, if a transporting licensee cannot obtain access to the track and trace system, the licensee shall complete the shipping manifest outside of the track and trace system and promptly transmit it to the division and the licensee receiving the shipment by electronic mail. If the transporting licensee has access to the track and trace system and the licensee receiving the shipment does not have access to the track and trace system, the transporting licensee shall complete the shipping manifest in the track and trace system, transmit it to the division, and send a copy to the licensee receiving the shipment by electronic mail.
[16.8.2.13 NMAC - N, 08/24/2021]
16.8.6.8 PREREQUISITE AND RESPONSIBILITY FOR OPERATION:
16.8.6.8 PREREQUISITE AND RESPONSIBILITY FOR OPERATION:
A. Except as specified in Subsection F of 16.8.6.7 NMAC, prior to the submission of a license application for a class II, III, or IV cannabis manufacture license, each applicant or licensee engaged in the manufacturing of edible or topical cannabis products or edible or topical cannabis finished products shall provide to NMED a certification that:
(1) the facility where the cannabis manufacturer operates, and the manufacturing equipment used will be constructed and maintained in accordance with the requirements of this part; and
(2) edible and topical cannabis products and edible and topical finished products will be stored, manufactured, packaged, repackaged, labeled, relabeled, tested, reworked, or wasted in accordance with the requirements of this part.
[16.8.6.8 NMAC - N, 10/11/2022]
16.8.6.10 EDIBLE AND TOPICAL CANNABIS MANUFACTURER REQUIREMENTS:
16.8.6.10 EDIBLE AND TOPICAL CANNABIS MANUFACTURER REQUIREMENTS:
E. Modifications. Except as otherwise provided, the following modifications are made to the incorporated subparts of the 2017 United States food and drug administration model food code, 4-603.12 Precleaning:
(1) Food or cannabis product debris on equipment and utensils shall be scraped over a waste disposal unit or garbage receptacle or shall be removed in a warewashing machine with a prewash cycle.
[16.8.6.10 NMAC – N, 10/11/2022]
16.8.6.12 EDIBLE AND TOPICAL CANNABIS FINISHED PRODUCT TESTING:
16.8.6.12 EDIBLE AND TOPICAL CANNABIS FINISHED PRODUCT TESTING:
A. Edible and topical cannabis finished products shall meet the requirements specified in division rules related to testing prior to being transported or transferred from the licensed premises, distributed, sold or otherwise made available to consumers.
B. Edible and topical cannabis finished products that do not meet the requirements of Subsection A of this section shall:
(1) be segregated;
(2) reworked, remediated or reconditioned as specified in division rules related to testing; or
(3) destroyed, wasted, and disposed of in accordance with the wastage requirements of the division.
[16.8.6.12 NMAC – N, 10/11/2022]
16.8.7.8 GENERAL TRACKING REQUIREMENTS:
16.8.7.8 GENERAL TRACKING REQUIREMENTS: In addition to any requirements specific to tracking within each license type, all licensees of cannabis establishments must meet minimum requirements.
A. Tracking immature cannabis plants: licensees must track, using the track and trace system specified by the division, cannabis plants as follows:
(1) each immature plant shall be assigned a plant tag with an individual track and trace number and shall be:
(a) placed contiguous to one another to facilitate identification by the division; and
(b) be fully separated from mature plants.
(2) Immature plants transferred from one licensee to another shall be labeled with the track and trace number that corresponds to the track and trace number. The receiving licensee shall remove the originating licensee’s tag and assign a plant or package tag, as applicable, belonging to the receiving licensee within three calendar days of receiving the immature plants.
B. Tracking mature cannabis plants: mature cannabis plants shall be tagged as follows:
(1) Each mature plant shall be tagged with a plant tag. A plant tag shall be attached to the main stem at the base of the plant, placed in a position so it is visible and within clear view of an individual standing next to the mature plant, and kept free from dirt and debris.
(2) Licensees are prohibited from removing the plant tag from the mature plant to which it was attached and assigned until the plant is harvested, destroyed, or disposed of.
C. Tracking cannabis and cannabis products: licensees must track, using the track and trace system specified by the division, cannabis and cannabis products according to packaging and labeling requirements set forth in 16.8.3 NMAC.
D. Additional recorded information: in addition to any tracking requirements specific to license type or cannabis product type, a licensee must ensure the following data is properly recorded in the tracking system:
(1) a complete inventory of all cannabis and cannabis products in the possession, control or ownership of the licensee;
(2) any changes to the licensee’s inventory of any cannabis or cannabis products;
(3) when cannabis material is converted to waste
(4) when cannabis waste is destroyed;
(5) when an authorized transfer of cannabis or cannabis product occurs;
(6) any theft of cannabis or cannabis products;
(7) all sales records of cannabis or cannabis product;
(8) all mandatory cannabis or cannabis product testing results;
(9) the county and municipality, if applicable, where the cannabis or cannabis product was harvested, otherwise cultivated, manufactured, tested, sold to other licensees, sold to consumers and disposed of or destroyed; and
(10) other information required by the tracking system or specified by the division.
(11) cannabis material in segregation while testing occurs.
[16.8.7.8 NMAC – N, 3/1/2022; A/E, 03/10/2022; Rp, 16.8.7.8 NMAC, 07/12/2022]
16.8.7.15 REQUIRED TESTING OF CANNABIS PRODUCTS:
16.8.7.15 REQUIRED TESTING OF CANNABIS PRODUCTS: A cannabis establishment shall segregate a batch of cannabis product and arrange for samples to be collected and tested by a cannabis testing laboratory if required by this section. The batch must pass all required tests prior to the sale or delivery to a qualified patient, primary caregiver or consumer.
D. Compliance with all rules and applicable laws required: Passage of testing does not relieve an establishment of its obligation to comply with the Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, the Pesticide Control Act, division rules, or other local, state, and federal laws not in conflict with the Cannabis Regulation Act or the Lynn and Erin Compassionate Use Act.
(1) A cannabis establishment shall waste and dispose of any cannabis product to which a pesticide has been applied in violation of division rules or the Pesticide Control Act or any product manufactured using an unapproved solvent.
(2) Nothing in this rule shall be interpreted as precluding regulatory activities by other state agencies that do not conflict with the Cannabis Regulation Act or the Lynn and Erin Compassionate Use Act.
O. Notice and destruction: Any cannabis product that fails a test and cannot be remediated, including any remediated cannabis product that fails any test after remediation, is subject to destruction in accordance with the wastage requirements of 16.8.2.15 NMAC. The cannabis establishment shall notify the division within 24 hours and shall confirm the wastage and disposal of the usable cannabis in accordance with this rule. The wasted product shall be removed from inventory, and the removal from inventory shall be noted in the track and trace system.
Destruction Quiz
Quiz
Question 1 (Multiple Choice)
What is cannabis waste?
A. Any plant material that is not THC-rich.
B. Expired, untested, or contaminated cannabis products and byproducts.
C. Only the resin and seeds from the cannabis plant.
D. Any material mixed with more than 50% non-cannabis waste.
Question 2 (Multiple Choice)
Which of the following is not a required step in the cannabis waste destruction process?
A. Storing waste in a secured area for at least 72 hours.
B. Mixing cannabis waste with at least 50% non-cannabis material.
C. Using the waste to create a new cannabis-derived product.
D. Recording the destruction process with a video and retaining it for 120 days.
Question 3 (Single Answer)
True or False:
Cannabis waste must be mixed with compost material, soil, or yard waste to ensure it is unusable and unrecognizable.
Question 4 (Multiple Choice)
Why is accurate documentation of cannabis waste important?
A. To help licensees avoid fines and regulatory violations.
B. To ensure waste is eligible for reuse in other cannabis products.
C. To prevent diversion of waste into illegal markets.
D. Both A and C.
Question 5 (Single Answer)
Fill in the Blank:
Before destruction, cannabis waste must be stored in a secure area for a minimum of ___ hours.
Answer Key
B
Expired, untested, or contaminated cannabis products and byproducts fall under the definition of cannabis waste. (Refer to 16.8.1.7(2) for details.)C
Using waste to create new products is prohibited. (Refer to 16.8.2.15(A-E) for the complete process.)True
Cannabis waste must be mixed with at least 50% non-cannabis material to render it unusable. (Refer to 16.8.2.15(A).)D
Proper documentation helps licensees stay compliant and prevents waste diversion. (Refer to 16.8.2.15(D) and 16.8.7.8(D)(3-4) for documentation requirements.)72
Waste must be securely held for a minimum of 72 hours prior to destruction. (Refer to 16.8.2.15(C) for holding requirements.)