{"id":3240,"date":"2017-12-17T09:52:10","date_gmt":"2017-12-17T09:52:10","guid":{"rendered":"https:\/\/weedmaps.com\/learn\/laws-and-regulations\/new-mexico"},"modified":"2025-11-26T18:33:14","modified_gmt":"2025-11-26T18:33:14","slug":"new-mexico","status":"publish","type":"law","link":"https:\/\/weedmaps.com\/learn\/laws-and-regulations\/new-mexico","title":{"rendered":"New Mexico Weed Laws"},"content":{"rendered":"
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\n\tIs weed legal in New Mexico?<\/h2>\n\n\n\n

Yes. Medical marijuana is legal in New Mexico for patients with qualifying conditions. As of June 29, 2021, adults 21 and older can possess up to 2 ounces (56 grams) of flower, 16 grams of concentrate, and 800 milligrams of edibles outside the home and an unspecified amount at home in a hidden, locked container. They can also grow up to 12 plants without a permit. Sales began April 1, 2022.<\/p>\n\n\n\n

\n\tLegislation history<\/h2>\n\n\n\n

In 1978, New Mexico became the first state in the country to pass legislation recognizing the medical value of marijuana. The historic stand was due, in part, to the urging of Lynn Pierson, a cancer patient who died while advocating for marijuana to alleviate nausea, pain, and other symptoms associated with cancer and glaucoma.<\/span><\/p>\n\n\n\n

In 2007, the New Mexico Legislature <\/span>passed SB 523<\/span><\/a>, or the Lynn and Erin Compassionate Use Act. SB 523 legalized medical cannabis and established a system regulated by the New Mexico Department of Health (NMDOH). It directed the NMDOH to establish, implement, and administer the statewide <\/span>Medical Cannabis Program<\/span><\/a>. This law allows New Mexicans with a physician's recommendation for treatment of one of 28 recognized medical conditions to use cannabis. <\/span><\/p>\n\n\n\n

Albuquerque, New Mexico's biggest city, decriminalized the possession of 1 ounce (28 grams) of marijuana in 2018, making the offense a $25 fine. <\/span><\/p>\n\n\n\n

Gov. Michelle Lujan Grisham signed SB323 into law on April 3, 2019. The bill decriminalized first-time possession of marijuana for adults 18 and older, reducing possession of under half an ounce (14 grams) to a $50 fine instead of jail time<\/a>. <\/p>\n\n\n\n

On April 12, 2021, New Mexico became the fifth state to legalize cannabis via the legislature when Gov. Michelle Lujan Grisham signed the Cannabis Regulation Act<\/a>, or HB 2. The law made it legal for adults 21 and older to purchase, possess, consume, and give away to other adults up to 2 ounces (56 grams) of flower, 16 grams of concentrate, and 800 milligrams of edibles. It also legalized growing up to 12 mature plants per household, making edibles and solventless extracts at home, and possessing more cannabis (no limit was given) at home so long as it's stored in a locked container away from public view. A separate bill, SB 2<\/a>, automatically expunges the records of those charged with or convicted of activities that wouldn't be illegal under the new law. Bucking the trend of states struggling for years to open stores after legalization, New Mexico began sales on April 1, 2022.  <\/p>\n\n\n\n

\n\tRegulatory oversight<\/h2>\n\n\n\n

HB 2 set up the Cannabis Control Division<\/a> (CCD) to promulgate rules and set up licensing procedures for businesses, including those for on-site consumption. It also required licensing considerations to address long-standing issues around race, social equity, and enforcement of cannabis laws. Oversight and regulation of the state's medical marijuana program\u2014except maintenance of the patient registry\u2014also moved to CCD from the health department. <\/p>\n\n\n\n

The New Mexico Department of Health's Medical Cannabis Program<\/a> oversaw the state's medical marijuana program prior to the passage of HB 2. MCP continues to operate the patient registry and maintain the list of qualifying conditions. <\/p>\n\n\n\n

\n\tWhere is it safe to purchase and consume?<\/h2>\n\n\n\n

Adults 21 and older can purchase cannabis from licensed retail locations. They can also grow up to 12 mature plants per household and make edibles and solventless extracts at home.  <\/p>\n\n\n\n

Patients and caregivers can purchase medical cannabis from state-licensed nonprofit producers<\/a>. If patients are unable to make purchases themselves, a caregiver can purchase and deliver medical cannabis on their behalf. Additionally, state-licensed delivery services are available. Qualified patients may also apply for a personal production license, allowing them to grow cannabis for personal use. <\/p>\n\n\n\n

Cannabis consumption is limited to private property out of public view. Adults, patients, and caregivers face criminal prosecution or civil penalties for possession, distribution, transfer, or consumption in a school bus or public transportation vehicle, school campuses, workplaces, public parks, recreation centers, or youth centers.<\/p>\n\n\n\n

Driving under the influence of cannabis is illegal and consumption in a vehicle is prohibited for drivers and passengers.<\/p>\n\n\n\n

\n\tPossession<\/h2>\n\n\n\n

Adults 21 and older can possess, consume, and give away to other adults up to 2 ounces (56 grams) of flower, 16 grams of concentrate, and 800 milligrams of edibles. They can possess more cannabis (the law doesn't specify a limit) at home if it's stored in a locked container away from public view. They can also grow up to 12 mature plants per household and make edibles and solventless extracts at home.<\/p>\n\n\n\n

Only patients in the registry and their designated caregivers can legally possess medical cannabis. A qualifying patient has access to \u200bno more than 8 ounces of cannabis (227 grams) over a three-month period. Once approved, patients and their caregivers can have a combined total of four mature plants and 12 seedlings. Patient possession and cultivation limits are likely to change as the CCD develops new rules.<\/p>\n\n\n\n

\n\tHow to get a medical marijuana card in New Mexico<\/h2>\n\n\n\n

Patients in the New Mexico registry<\/a> are authorized to purchase and consume medical cannabis if they meet certain requirements for eligibility. Patients who have received a physician's certification for a qualifying condition must submit an application and a valid New Mexico identification card to the NMDOH. Upon approval, registration and written certifications are valid for up to one year.<\/p>\n\n\n\n

Patients are required to submit renewal applications at least 30 days before their registry card expires. The NMDOH does not charge a fee for either processing patients' applications or issuing registry cards.<\/p>\n\n\n\n

Qualifying conditions<\/strong><\/h3>\n\n\n\n

The NMDOH maintains <\/span>a complete list of qualifying conditions<\/span><\/a>. They are:<\/span><\/p>\n\n\n\n