1. A. As used in this section:

   1. (1) "director" means a person who serves on the corporate board of directors of a corporation licensed by the division as a cannabis establishment;
   2. (2) "member and manager" includes those persons who are members in or managers of a limited liability company licensed by the division as a cannabis establishment and who are responsible for the operations of the limited liability company;
   3. (3) "officer" means a president, one or more vice presidents, a secretary, a treasurer or a secretary-treasurer or a member of the executive committee, if different from these named officers, of a corporation licensed by the division as a cannabis establishment; and
   4. (4) "partner" means a person who is a co-owner of a business licensed by the division as a cannabis establishment.

2. B. The division shall adopt rules providing the procedures to be followed for submission of an applicant's biometric data to the department of public safety to conduct a state criminal history background check and for its submission of the biometric data to the federal bureau of investigation to conduct a national criminal history background check for the following cannabis establishments:

   1. (1) cannabis courier;
   2. (2) cannabis manufacturer;
   3. (3) cannabis producer;
   4. (4) cannabis producer microbusiness;
   5. (5) cannabis research laboratory;
   6. (6) cannabis retailer;
   7. (7) cannabis testing laboratory;
   8. (8) integrated cannabis microbusiness;
   9. (9) vertically integrated cannabis establishment; and
   10. (10) cannabis consumption licensees if different from cannabis retailer.

3. C. The division shall require state and national criminal history background checks for the following persons:

   1. (1) if an applicant for licensure is a sole proprietor business, the sole proprietor;
   2. (2) if an applicant for licensure is a limited partnership, each partner of the limited partnership;
   3. (3) if the applicant for licensure is a limited liability company, each member and manager of the limited liability company;
   4. (4) if the applicant for licensure is a corporation, each director and officer of the corporation; and
   5. (5) any controlling person of the applicant for licensure, as defined in Section 26-2C-2 NMSA 1978.
4. D. The division shall use the information from the criminal history background check to evaluate the applicant's qualifications for licensure.
5. E. Arrest record information received from the federal bureau of investigation and the department of public safety shall be confidential, shall not be considered a public record pursuant to the Public Records Act [Chapter 14, Article 3 NMSA 1978] and shall not be disclosed to persons not directly involved in the decision affecting the applicant.

History: Laws 2024, ch. 38, § 5.

ANNOTATIONS

Effective dates. — Laws 2024, ch. 38, § 20 made Laws 2024, ch. 38, § 5 effective July 1, 2024.