I asked specifically if a producer can sell seeds and the response was:

The regulations state nothing about seeds. Which left to my interpretation means that as long as you are transferring the seeds to a valid card holder it is acceptable; I would also say that applies to clones.


7.34.4.12 (D) The specific rule for a licensed producer regardless if that is a patient or a Non-Profit says:

Unlawful Distribution: If a licensed producer or employee of a licensed producer sells, distributes, dispenses or transfers marijuana to a person not approved by the department pursuant to this rule and the act, or obtains or transports marijuana outside New Mexico in violation of federal law, the licensed producer or employee of the licensed producer shall be subject to arrest, prosecution and civil or criminal penalties pursuant to state law.

So as long as the card holder is allowed to produce or is an actual Non-Profit producer they are allowed to transfer plants and seeds to other MM card holders.

However I was told that producers can not sell to other producers. Yet when I read this I think that you could legally sell to another producer as they would have to be an approved person by the department and therefore exempt.

That would be a question to ask a lawyer to interpret. The catch probably is person vs entity.