2019 New Mexico Statutes
Chapter 76 - Agriculture
Article 24 - Hemp Manufacturing
Section 76-24-2 - Hemp; New Mexico department of agriculture; New Mexico hemp research and development fund.

A. The intent of this section is to bring New Mexico into compliance with federal law.

B. Notwithstanding any other provision of law to the contrary, the board, through the New Mexico department of agriculture, shall issue licenses pursuant to rules enacted under Subsection C of this section to grow hemp for research and development, agricultural, agronomic, ecological, processing, sales and marketing purposes.

C. The board, on behalf of the director of the New Mexico department of agriculture, shall adopt rules to establish and carry out the provisions of this section, including requirements for licensure, training of law enforcement personnel, inspection, recordkeeping, fees not to exceed program costs and compliance processes. An institution of higher education, person or business that plans to grow hemp seed or hemp fiber shall obtain a grower's license by submitting an application to the New Mexico department of agriculture pursuant to promulgated rules.

D. A person who holds a license issued pursuant to this section may grow hemp for research and development, agricultural, agronomic, ecological, processing, sales and marketing or any other purpose allowed by federal regulation or law.

E. The board shall establish a "New Mexico hemp research and development fund". The fund consists of fees collected by the New Mexico department of agriculture pursuant to the Hemp Manufacturing Act [Chapter 76, Article 24 NMSA 1978], donations, grants and income earned from investment of the fund and money otherwise accruing to the fund. Money in the fund shall not revert to any other fund at the end of a fiscal year. The board shall administer the fund, and money in the fund is subject to appropriation by the legislature to the board for the department to administer the provisions of the Hemp Manufacturing Act. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the director of the New Mexico department of agriculture or the director's authorized representative.

History: Laws 2017, ch. 140, § 1; 2019, ch. 116, § 11.

Compiler's notes. — Senate Bill 6, enacted by the Fifty-Third Legislature, First Session, 2017, was vetoed by the governor on March 11, 2017. Pursuant to the First Judicial District Court's decision in State ex rel. New Mexico Legislative Council v. Honorable Susana Martinez, Governor of the State of New Mexico et al., D-101-CV-2017-01550, and affirmed by S.Ct. Order No. S-1-SC-36731, on April 25, 2018, which held that Article IV, Section 22 of the New Mexico Constitution requires that objections must accompany a returned bill, Senate Bill 6 was chaptered into law by the Secretary of State.

The 2019 amendment, effective July 1, 2019, provided additional duties for the board of regents of New Mexico state university regarding hemp research and development; in the section heading, deleted "Industrial", and "research", and added "New Mexico hemp research and development fund"; deleted former Subsection A and redesignated former Subsections B through F as Subsections A through E, respectively; in Subsection B, after "to the contrary", added "the board, through", after "section to grow", deleted "industrial"; in Subsection C, after "The", added "board, on behalf of the", and deleted "industrial" preceding each occurrence of "hemp"; in Subsection D, after "may grow", deleted "industrial"; and in Subsection E, deleted "New Mexico state university" and added "The board", after "New Mexico department of agriculture", deleted "for administration of the industrial hemp research and development program" and added "pursuant to the Hemp Manufacturing Act", after the next occurrence of "The", deleted "New Mexico department of agriculture" and added "board", after "by the legislature to the", deleted "New Mexico" and added "board for the", and after "department to", deleted "conduct related programs" and added "administer the provisions of the Hemp Manufacturing Act".