Cannabis Regulations

The City of Albuquerque Environmental Health Department Consumer Health Protection Division (CHPD), requires any establishment manufacturing, allowing onsite consumption and/or selling prepackaged edible cannabis products (including drinks) to obtain a food-related cannabis permit.

Learn more about state regulations and resources.

Edible cannabis products are defined as:

• Edible cannabis finished product: Any edible cannabis product that is packaged and labeled for retail sale permitted under the Cannabis Regulation Act, Chapter 26, Article 2C NMSA.
• Edible cannabis product: Any food containing cannabis permitted under Cannabis Regulation Act, Chapter 26, Article 2C NMSA 1978.

*Edible Cannabis Product does not include unprocessed cannabis flowers or other unprocessed cannabis plant parts.

Food Safety

Licensed medical and recreational cannabis retailers, producers, manufacturers and consumption areas that are authorized to sell, produce or manufacture edible cannabis products under New Mexico law, will be subject to the requirements in the Albuquerque retailers, meat markets, and wholesalers ordinance to regulate edible cannabis products and the Albuquerque food sanitation ordinance to regulate edible cannabis products in addition to all other applicable regulations including but not limited to the 2009 FDA Food Code. 

FAQs

How do I know if I need a permit from CHPD?

Any establishment manufacturing, allowing onsite consumption and/or selling edible cannabis products (including drinks) in the City of Albuquerque must obtain a food-related cannabis permit.

Do I need a permit to sell cannabis foods or drinks if I have a State permit?

Yes, all cannabis retail establishments, including manufactures, retailers, and producer microbusinesses that manufacture or distribute edible cannabis products to consumers for human consumption that are consumed on or off the premises are required to obtain a food permit from CHPD.

How do I obtain a cannabis food related permit?

Contact the Environmental Health Department at 505-768-2738 or [email protected]. You will need to fill out a permit application and have the following documentation available:

• NM Tax ID registration (issued by the State of New Mexico Taxation and Revenue Office)
• City of Albuquerque Business Registration (issued by the City of Albuquerque Planning Department)
• Floor plan of the facility
• Menu of food/beverages
• You may also be required to submit an Odor Control Plan if you will be performing any manufacturing that requires heating cannabis, or allowing any onsite consumption of cannabis.

Can cannabis sales occur outside of retail or manufacturing premises?

Sales must occur in licensed retail premises. All premises where manufacturing, sales, consumption are occurring must be licensed under the Cannabis Regulation Act, Chapter 26, Article 2C NMSA.

Retail sales can only be conducted within the licensed premises of a cannabis retailer. Cannabis retailers are not permitted to display or sell cannabis products outside their licensed premises or anywhere off the licensed premises. Sales and consumption may not take place in a mobile truck or pop-up event.

What can I expect as a permitted food facility with the City of Albuquerque?

A facility that holds a food permit with EHD is subject to food safety inspections 1-3 times per year, depending on the operations performed under the permit. Inspections focus on adherence to the FDA food code and general food safety practices.

How much does a permit to sell or produce cannabis edibles cost?

Fees are determined by permit type.

Retail Cannabis permits apply to a food establishment where edible cannabis finished products are offered for sale, donated, or distributed for off-the-premise consumption, or where edible cannabis products or edible cannabis finished products are stored, including warehouses.

Cannabis Plus refers to a retail cannabis establishment with a cannabis consumption area on site.

Food Processor- Cannabis, refers to a cannabis establishment where edible cannabis products are processed, prepared, packaged, stored or distributed for human consumption excluding retail cannabis establishments and warehouses.

Food Service Establishment-Cannabis, refers to a cannabis establishment where edible cannabis product is prepared, or prepared and served, and intended for individual portion service. The term includes a licensed cannabis establishment with a licensed cannabis consumption area. The term does not include private homes.

Food Processor Plus allows for the onsite retail sale of Food products manufactured by the Food Processing Establishment.