CITY of ALBUQUERQUE
TWENTY SIXTH COUNCIL
COUNCIL BILL NO. O-25-78 ENACTMENT NO. ________________________
SPONSORED BY: Dan Lewis
ORDINANCE
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Adopting A New Part 3 In Chapter 9, Article 11 Of The Revised Ordinances Of Albuquerque 1994 To Be Known As The “Intoxicating Hemp Products Ordinance” (Lewis)
body
ADOPTING A NEW PART 3 IN CHAPTER 9, ARTICLE 11 OF THE REVISED ORDINANCES OF ALBUQUERQUE 1994 TO BE KNOWN AS THE “INTOXICATING HEMP PRODUCTS ORDINANCE”.
WHEREAS, the unregulated sale of intoxicating hemp-derived products pose significant risks to public health, safety and welfare; and
WHEREAS, intoxicating cannabinoids derived from hemp can mimic the effects of controlled substances and contribute to the abuse of controlled substances within the community; and
WHEREAS, young people are particularly vulnerable to the marketing and sale of intoxicating hemp products, which are often indistinguishable from legal, nonintoxicating hemp products and are not subject to the same marketing scrutiny as those in the regulated recreational and medical cannabis market.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. PART 3: INTOXICATING HEMP.
§ 9-11-3-1 FINDINGS. The City Council finds that:
(A) The unregulated sale of intoxicating hemp-derived products, such as Delta-8 THC, Delta-10 THC and THC-A, poses significant risks to public health, safety, and welfare.
(B) Intoxicating cannabinoids derived from hemp can mimic the effects of controlled substances and contribute to the abuse of controlled substances within the community.
(C) Federal law permits the sale of hemp-derived cannabinoids that contain less than 0.3% Delta-9 THC but does not adequately regulate the conversion of hemp into intoxicating products, creating a 'derivatives loophole.'
(D) Young people are particularly vulnerable to the marketing and sale of
intoxicating hemp products, which are often indistinguishable from legal, nonintoxicating hemp products and are not subject to the same marketing scrutiny as those in the regulated recreational and medical cannabis market.
(E) It is in the public interest to regulate the sale and distribution of intoxicating hemp products to ensure public safety, discourage misuse, and promote compliance with existing laws.
(F) The New Mexico Cannabis Regulation Act does not comprehensively address the use, tracking, or testing of intoxicating hemp products intended for sale within the State's recreational and medical cannabis market.
§ 9-11-3-2 SHORT TITLE. This article may be cited as the "Intoxicating Hemp Products Ordinance."
§ 9-11-3-3 DEFINITIONS. As used in this section, unless the context otherwise requires:
(A) ADVERTISE. To publish or disseminate an Advertisement.
(B) ADVERTISEMENT. Any written or verbal statement, illustration, or depiction that a reasonable person would understand as intended to induce sales, including any written, printed, graphic, or other material; billboard, sign, or other outdoor, digital, indoor, or point-of-sale display, including, without limitation, an individual carrying a display; other periodical, literature, or publication; or any similar media.
(C) CANNABINOIDS. Structured chemical compounds found in cannabis plants, including both THC and CBD.
(D) CANNABIDIOL (CBD). A type of substance identified using CAS Common Chemistry Registry Number 13956-29-1, including cannabidiolic acid.
(E) INDUSTRIAL HEMP or HEMP means the plant cannabis sativa L. and any part of that plant, including seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a THC concentration of not more than three-tenths percent on a dry weight basis.
(F) OFFER FOR SALE. The solicitation, advertisement, allowance, inducement, or any other method or attempt to encourage any person to acquire, possess, sell, purchase, or exchange a product. There is a rebuttable presumption that a product is for sale if it is located with other products offered for sale.
(G) PERSON. Any individual, partnership, firm, or corporation.
(H) SEMI-SYNTHETIC CANNABINOID. A substance that is created by a chemical reaction that converts one cannabinoid extracted from a cannabis plant directly into a different cannabinoid. Semi-synthetic cannabinoids do not include cannabinoids produced via decarboxylation of naturally occurring acidic forms of cannabinoids, such as THCA, into the corresponding neutral cannabinoid, such as THC, through the use of heat or light, without the use of chemical reagents or catalysts, and that results in no other chemical change.
(I) SYNTHETIC CANNABINOID. A cannabinoid-like compound that was produced by using chemical synthesis, chemical modification, or chemical conversion.
(1) Synthetic cannabinoid does not include:
(a) A compound produced through the decarboxylation of naturally occurring cannabinoids from their acidic forms; or
(b) A semi-synthetic cannabinoid.
(J) TETRAHYDROCANNABINOL (THC) or THC OR COMPARABLE
CANNABINOID. Delta-9 tetrahydrocannabinol (CAS number 1972-08-3) as measured using a post-decarboxylation method and based on percentage dry weight.
§ 9-11-3-4 PROHIBITED SALES AND DISTRIBUTION.
(A) It is unlawful for any person to maintain or operate any business in which, for the benefit of the business, hemp is chemically or synthetically altered to have a concentration of more than 0.3 percent of tetrahydrocannabinol.
(B) It is unlawful for a person, or business, to sell, advertise, offer to sale, or manufacture any synthetically derived cannabinoid product that contains tetrahydrocannabinol or comparable cannabinoid concentrations of more than 0.3 percent.
(C) Notwithstanding the foregoing, nothing herein shall prohibit a manufacturer from manufacturing any bulk ingredients containing hemp, regardless of concentration, so long as such ingredients do not contain synthetically derived cannabinoids and such ingredients are not for consumer use or retail distribution. For the avoidance of doubt, any finished goods containing hemp and sold to consumers or available in retail distribution in the City shall be in accordance with this Ordinance.
§ 9-11-3-5 ENFORCEMENT.
(A) The Albuquerque Police Department, Environmental Health Department, and other designated agencies shall enforce this Ordinance.
(B) Violations of this Ordinance shall constitute a petty misdemeanor subject to the penalty provisions in 1-1-99.
(C) Businesses found in violation may have their operating licenses revoked.
§ 9-11-3-6 SIGNAGE AND EDUCATION.
(A) Licensed businesses selling non-intoxicating hemp products must display signage stating, "Sale of intoxicating hemp products is prohibited under Albuquerque law."
(B) The City will provide educational materials to retailers and the public regarding the risks associated with intoxicating hemp products.
SECTION 2. SEVERABILITY. If any section, paragraph, sentence, clause, word or phrase of this Ordinance is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance. The Council hereby declares that it would have passed this Ordinance and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.
SECTION 3. COMPILATION. SECTION 1 of this Ordinance is to be compiled as a new Part 3 in Article 11 in Chapter 9 of the Revised Ordinances of Albuquerque, New Mexico, 1994, titled “Intoxicating Hemp Products Ordinance.”
SECTION 4. EFFECTIVE DATE. This Ordinance takes effect five days after publication by title and general summary.