Sunday, October 27, 2019

New Mexico Hemp Program Meetings and Final Rule Hearing



The Secretary of the New Mexico Environment Department (“NMED”) will hold a public hearing beginning at 9:00 a.m. on December 2, 2019 and continuing thereafter as necessary at the Runnels Auditorium in the Harold Runnels Building, 1190 South St. Francis Drive, Santa Fe, NM, 87505. The hearing location may change prior to the hearing date, and those interested in attending should visit NMED’s website prior to the hearing: https://www.env.nm.gov/public-notices/.

The purpose of the hearing is to consider the adoption of new rule 20.10.2 NMAC, Hemp Post-Harvest Processing of the Environmental Protection Regulations, which provides a regulatory framework for the emerging hemp market through a permitting process. NMED’s Environmental Health Bureau (“Bureau”) is the proponent of the proposed new rule.

NMED has made minor edits to the Hemp Emergency Rule and the updated draft of the Final Hemp Rule is available here.

NMED is now accepting comments concerning the proposed final rule and will also hold three public meetings to discuss the proposed changes further. Comments should be provided via email. When providing comments, NMED asks that you please provide the page number and line number of which your comments reference.

During the public meetings NMED will provide a brief overview of the proposed changes, will answer questions, and receive feedback concerning the final rule draft. Attending a public meeting via webcast is available; please email NMED to reserve your space. Registration is not required to attend in person.


Meeting #1 October 29th from 2:00 p.m. to 4:00 pm at the O.A. Larrazolo Auditorium (1190 S. St. Francis Santa Fe, NM)

Meeting #2 October 30th from 2:00 p.m. to 4:00 p.m. at the African American Pavilion (300 San Pedro Dr NE Albuquerque, NM)

Meeting #3November 5th from 2:00 p.m. to 4:00 pm at the Gerald Thomas Hall Rm #194 on the NMSU Campus. (Las Cruces, NM / Parking will be available in Lot 3 on the NMSU campus.)


The proposed new rule creates three different types of hemp permits with associated fees for each one. An individual, business, agency, institution, or other entity engaged in the transportation, extraction, storage, or processing of hemp products in New Mexico will be required to apply for, obtain, and maintain the appropriate hemp permit(s).

The Bureau proposes the Secretary adopt the proposed new rule, 20.10.2 NMAC, Hemp Post-Harvest Processing pursuant to its authority under NMSA 1978, § 9-7A-6 and NMSA 1978, §76-24-8(C). Please note that formatting and minor technical changes to 20.10.2 NMAC, other than those proposed by NMED, may be proposed at the hearing.

Additionally, the Secretary may make other changes as necessary in response to public comments and evidence presented at the hearing.

The proposed new rule 20.10.2 NMAC may be reviewed during regular business hours at the NMED Hearing Office located in the Harold Runnels Building, 1190 South St. Francis Drive, Santa Fe, NM, 87505. The full text of the proposed 20.10.2 NMAC is also available online at www.env.nm.gov/hempprogram .

All interested persons will be given reasonable opportunity at the hearing to submit relevant evidence, data, views, and arguments, orally or in writing; to introduce exhibits; and to examine witnesses. Any person wishing to submit a non-technical written statement for the record in lieu of oral testimony must file such statement prior to the close of the hearing.

Pursuant to 20.1.9.13 NMAC, those wishing to present technical testimony must file a written notice of intent to present technical testimony with the Hearing Office on or before 5:00 p.m. on November 15, 2019. Notices of intent to present technical testimony should reference the name of the regulation, the date of the hearing, and the docket number NMED 19-41 (R).

The form and content of the notice shall:

• Identify the person for whom the witness(es) will testify;

• Identify each technical witness the person intends to present and state the qualification of that witness, including a description of their education and work background;

• Include a copy of the direct testimony of each technical witness in narrative form; • Include the text of any recommended modifications to the proposed regulatory change; and

• List and attach all exhibits anticipated to be offered by that person at the hearing, including any proposed statement of reasons for adoption of rules. Notices of intent to present technical testimony shall be submitted to:

Cody Barnes,
Hearing Office Administrator
New Mexico Environment Department
Harold Runnels Building
P.O. Box 5469
Santa Fe, NM 87502
telephone: (505) 827-2428
email: cody.barnes@state.nm.us
Link: https://www.env.nm.gov/hempprogram/hemp-final-rule/

Those wishing to do so may offer non-technical public comment at the hearing or submit a non-technical written statement in lieu of oral testimony at or before the hearing.

Written comments regarding the proposed new rule may be addressed to Mr. Cody Barnes, Hearing Office Administrator, at the above address, and should reference docket number NMED 19-41 (R). Pursuant to 20.1.9.14 NMAC, any member of the public may file an entry of appearance as a party at the hearing. The entry of appearance shall be filed with Cody Barnes, at the above address, no later than 5:00 p.m. on November 15, 2019.

The Hearing Officer will allow for public comment at various points during the hearing. There will be a section dedicated to public comment on December 2, 2019 beginning at 6:00 p.m.

The hearing will be conducted in accordance with NMED’s Rulemaking Procedures (20.1.9 NMAC); the Department of Environment Act, NMSA 1978, § 9-7A-6; the State Rules Act, NMSA 1978, § 14-4-5.3; and other applicable procedures. Written comments regarding the proposed regulations may be addressed to Cody Barnes, Hearing Clerk, at the above address, referencing docket number NMED 19-41 (R).




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