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New Mexico marijuana laws

Is weed legal in New Mexico?

Current legality status

recreational


Cannabis is legal under state law for adults 21+.

Cannabis is legal under state law for adults 21+.

Recreational cannabis and medical marijuana are both legal in New Mexico.

The New Mexico Legislature approved the Cannabis Regulation Act, a recreational cannabis framework bill, in March 2021. Possession and homegrow became legal on June 29, 2021. 

Commercial sales began on April 1, 2022.

New Mexico recreational marijuana laws

As of April 1, 2022, adult-use customers can purchase two ounces of cannabis, or its equivalent in other forms: 16 grams of concentrated marijuana or 800 milligrams of edibles.

Recreational weed possession & use limits in New Mexico

Adults 21+ can possess up to two ounces of cannabis for recreational use in New Mexico.

New Mexico marijuana legalization

The New Mexico Legislature passed the Cannabis Regulation Act on March 31, 2021. Thanks to that law, possession became legal on June 29, 2021.

Homegrow became legal on the same date. Adults can cultivate up to six mature and six immature cannabis plants at home, with a maximum of 12 mature plants per household.

As of April 1, 2022, adult-use customers can purchase two ounces of cannabis, or its equivalent in other forms.

The state applies two separate taxes to recreational cannabis sales: A 12% excise tax that will increase by 1% annually starting in 2025, and a separate gross receipt tax that ranges from 5-9% depending on local law. 

The legalization bill also put an end to taxing medical marijuana. 

Counties cannot opt out of allowing sales in New Mexico, but they can pass laws regulating business hours and zoning. 

Public consumption remains illegal in New Mexico and is subject to a $50 fine. The Cannabis Regulation Act legalized consumption lounges; the state Cannabis Control Division will license them.

In a move designed to rectify the wrongs of the War on Drugs, New Mexico will provide business loans of up to $250,00 toward small-scale cannabis businesses in communities unjustly impacted by marijuana policing.

Is there an expungement process for previous cannabis convictions in New Mexico?

Individuals previously convicted of possessing what is now a legal amount of weed will have their records automatically renewed and expunged, according to Senate Bill 2, enacted in 2021.

The New Mexico Department of Public Safety estimates that over 150,000 New Mexico residents are eligible for expungement. Prosecutors have until July 1, 2022, to challenge individual expungement cases.

New Mexico medical marijuana laws

Governor Bill Richardson signed medical marijuana legalization bill Senate Bill 523—also known as The Lynn and Erin Compassionate Use Medical Marijuana Act—on April 2, 2007. It went into effect on July 1, 2007. 

Patients can currently purchase up to 425 “units” of cannabis and/or cannabis products over a rolling 90-day period. The New Mexico Department of Health (NMDOH) defines a unit as 1 gram of dried flower or 200mg of THC in an edible or other form. 425 units equals roughly 15 ounces of flower.

Medical patients can additionally cultivate up to 16 plants at home, but only four can be mature.

Qualifying conditions for medical marijuana in New Mexico

The NMDOH recognizes the following conditions as eligible for medical marijuana:

  • Anorexia (severe cases only)
  • Cachexia
  • Autism spectrum disorder
  • Alzheimer’s disease
  • Lou Gehrig’s disease (amyotrophic lateral sclerosis, or ALS)
  • Cancer
  • Crohn’s disease
  • Damage to the nervous tissue of the spinal cord with intractable spasticity
  • Epilepsy or seizure disorders
  • Friedreich’s ataxia
  • Glaucoma
  • Hepatitis C 
  • HIV/AIDS
  • Huntington’s Disease
  • Hospice care
  • Inclusion body myositis
  • Inflammatory autoimmune-mediated arthritis
  • Intractable nausea/vomiting
  • Lewy body dementia
  • Multiple sclerosis
  • Obstructive sleep apnea
  • Opioid use disorder
  • Painful peripheral neuropathy
  • Parkinson’s disease
  • Post-traumatic stress disorder (PTSD)
  • Severe chronic pain
  • Spasmodic torticollis (cervical dystonia)
  • Spinal muscular atrophy
  • Ulcerative colitis

How to get a medical marijuana card in New Mexico

New Mexico requires new and renewing patients alike to submit their applications in hard copy. New Mexico does not require payment to apply for a medical marijuana card. 

Here are the steps for acquiring an ID card in New Mexico:

  • Complete the patient information section of the form. The patient must ensure all information is correct, and the form is dated and signed. The patient’s medical provider must then complete and sign the designated section, which indicates the patient’s primary qualifying condition. The provider must also present a one-page clinical note including proof of diagnosis.
  • The patient must include a clear copy of their current New Mexico driver’s license, or a New Mexico photo ID as proof of identity.
  • Minors under the age of 18 must also attach Medical Power of Attorney or Legal Guardianship paperwork to indicate legal authority. Minors must also provide a Caregiver Application with all required documents completed by a parent or guardian and a copy of their birth certificate.
  • NMDOH has 30 days to approve, or deny an application. If approved, the card will be sent by mail and will be valid for three years.
  • NOTE: Caregivers must fill out a separate form for state approval.

Residents can learn more about the program, and find a list of dispensaries, on the NMDOH website.

Does New Mexico accept out-of-state MMJ cards?

Yes. New Mexico began accepting out-of-state medical marijuana cards on July 1, 2020. 

When does my New Mexico medical marijuana card expire?

Registry ID cards are valid for three years. Patients must reapply thirty days before their card expires. 

How much does a medical card cost in New Mexico?

New Mexico does not charge individuals to apply for medical marijuana cards, but the application does require a doctor’s appointment. Patients typically pay between $50-150 for their appointments.

Patients must pay the state $30 for a license to grow marijuana at home, however.

New Mexico homegrow laws

Adults 21 and over can grow up to six plants per person or 12 per household under the adult-use law.

Medical patients and their caregivers can apply for a personal production license (PPL) that allows them to grow up to 16 plants, with a maximum of four flowering plants at any given time. Patients or primary caregivers are allowed to transfer up to 2 ounces of cannabis to other patients or primary caregivers.

Individuals caught intending to distribute any quantity of cannabis without a license may be charged with a felony. 

New Mexico public consumption laws

New Mexico does not permit adult-use customers or medical patients to consume cannabis in public. The state’s Cannabis Control Division is currently accepting applications for consumption lounges.

New Mexico cannabis DUI laws

Even in medical states, qualifying patients are not permitted to drive under the influence of cannabis. Driving under the influence of any drug that impairs judgment is a violation of state law.

If you’re arrested for a DUI and refuse to take a drug test, your license can be confiscated at the scene and revoked for up to one year. First DUI offenses can result in up to 90 days in prison and a $500 fine, with additional offenses punishable by longer prison terms and higher fines.

New Mexico cannabis testing regulations

New Mexico state law requires cannabis to be tested for microbiological contaminants, mycotoxins, residual solvents, cannabinoid potency, heavy metals, pesticides, and moisture content. All cannabis testing labs must be licensed by the state.

Common questions about marijuana legalization in New Mexico

Can medical patients grow their own marijuana in New Mexico?

Yes, medical marijuana patients can cultivate up to sixteen plants, with a limit of four mature flowering plants at any one time.

Can felons apply for medical cards in New Mexico?

Yes. The Lynn and Erin Compassionate Use Act does not preclude felons from accessing medical marijuana in New Mexico.

Can you get a medical card for anxiety in New Mexico?

No, anxiety is not included in the state’s list of qualifying conditions.

Are minors 18 or younger able to access medical marijuana?

Yes, but they must have the permission of their guardian or caregiver.

When did New Mexico legalize marijuana?

The New Mexico Legislature approved the Cannabis Regulation Act, a recreational cannabis framework bill, in March 2021. Possession and homegrow became legal on June 29, 2021. 

Commercial sales began on April 1, 2022.

How many recreational dispensaries are in New Mexico?

There are over 120 recreational weed shops open in New Mexico.

This page was updated on May 18, 2022.

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