1. A. Persons breeding for new or improved varieties of hemp and that may possess viable plants or plant material in excess of three-tenths percent and less than five percent THC shall be licensed by New Mexico Department of Agriculture.

2. B. Application requirements by persons applying for a Special Hemp Breeding License shall comply with but not limited to the following:

   1. (1) If the applicant is a business, agency, institution, or other entity, the application shall identify the specific person the license shall be issued to and is responsible for activities covered under this rule.
   2. (2) Submission to the department for review and approval all SOPs related to record retention for plants believed to be in excess of three-tenths percent and less than five percent THC, and disposal and destruction of plant material in excess of three-tenths percent THC.
   3. (3) Submission to the department for review and approval plant breeder’s credentials, and breeding objectives.
   4. (4) Provide department staff access to locations licensed under the Special Hemp Breeding License for the purpose of determining compliance with state rules and policies.
   5. (5) Other requirements as developed and stated in policy.

3. C. Persons licensed by the department under the Special Hemp Breeding License shall comply with, but not limited to the following:

   1. (1) Viable plants or plant material in excess of three-tenths percent and less than five percent THC shall be required to be maintained indoors in a secure area approved by the department.
   2. (2) Plants or plant material in excess of three-tenths percent and less than five percent THC shall not be available to the public or transferred to another person that does not possess a valid Special Hemp Breeding License.
   3. (3) Understand that state law enforcement agencies are notified of locations licensed under the Special Hemp Breeding License.
   4. (4) Plants or plant material in excess of three-tenths percent and less than five percent THC shall not be used for any other purpose other than plant breeding.
   5. (5) Other requirements as developed and stated in policy.

[21.20.3.12 NMAC; N, 10/15/2019]