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House committee approves substitute to restrict synthetic cannabinoids in hemp products
Summary
The House Commerce & Economic Development Committee voted to advance a substitute to HB346 requiring the New Mexico Environment Department to issue emergency rules and the Environmental Improvement Board to adopt permanent rules to limit synthetic cannabinoids derived from hemp products.
The House Commerce & Economic Development Committee voted to advance a substitute to House Bill 346, directing the New Mexico Environment Department (NMED) and the Environmental Improvement Board (EIB) to sequence emergency and permanent rulemaking that would restrict synthetic cannabinoids in hemp-derived products.
Committee members said the measure responds to a growing presence of unregulated hemp derivatives such as delta-8 and related compounds in retail products. ‘‘This essentially ensures that we do not allow any of that further persistence in the marketplace to protect children,’’ NMED expert John Roderick told the committee, adding the substitute corrects the earlier bill's timeline so emergency rules can go into effect first and permanent EIB rules begin by July 1, 2025.
The substitute narrows its focus to establishing the proper authority and sequencing for rule adoption. Representative Matthews pressed presenters for a clear summary of the substantive differences between the substitute and the original bill; Roderick said the change is procedural and aimed at getting the rulemaking sequence right so NMED can adopt emergency measures and EIB can later adopt or promulgate permanent rules.
Representative Fernandez asked whether the bill would ever be used to legalize previously prohibited substances; Roderick and the sponsor said the intent is to prohibit those synthetic substances, not to re-legalize them.
Action: the committee moved a do-not-pass on the original HB346 and a do-pass on the House Commerce & Economic Development Committee substitute for HB346. The committee clerk recorded a final tally of 10 yes, 0 no on the substitute.
The substitute now moves to the next committee referrals listed in the clerk's record. If enacted, the bill would require NMED to adopt emergency rules and EIB to adopt permanent rules by the statutory date specified in the substitute. The measure does not itself list penalties or enforcement language beyond the rulemaking direction.
