New Mexico Marijuana Laws

New Mexico? Yes, please. The Land of Enchantment has plenty to offer with its generous medical marijuana program.  

Patients with qualifying conditions who possess a valid medical marijuana card can participate in the state’s medical marijuana program. 

However, a medical marijuana card does not give you a free pass to do anything you want; you still have to abide by New Mexico medical weed laws.

The good news is that you don’t have to trouble yourself with the bothersome details; we’ve broken it down for you. If you’re going to enjoy your medical and recreational marijuana without breaking the law, you need to know the law. 

Here at Elevate, we’ve made it our business to equip patients and consumers with the necessary information they need to safely navigate their medical marijuana journey.

Let’s take a look at New Mexico marijuana laws today.  

Is Marijuana Legal in New Mexico for Recreational Use? 

Yes! Adults aged 21 or older can buy cannabis for recreational use in New Mexico. On April 1, 2021, Governor Lujan Grisham signed House Bill 2, the Cannabis Regulation Act. 

New Mexico became the 18th state to legalize adult-use cannabis, aka recreational marijuana, when the law became operational on June 29, 2021. The first licensed sales of cannabis for recreational use began on April 1, 2022.  

Speaking about the law, Governor Lujan Grisham said, “The legalization of adult-use cannabis paves the way for the creation of a new economic driver in our state with the promise of creating thousands of good-paying jobs for years to come. We’re ready to break new ground. We’re ready to invest in ourselves and the limitless potential of New Mexicans. And we’re ready to make this industry a successful one that helps transform New Mexico’s economic future for the better.”

According to the law, adults 21 years or older can:  

• • Possess, purchase and share up to two ounces of marijuana, 16 grams of concentrated marijuana, and 800 milligrams of edible cannabis
  • Grow six mature and six immature plants while each household can grow a maximum of 12 mature plants.
  • Manufacture, possess, and share marijuana paraphernalia. 
  • Create cannabis-infused edibles at home
  • Possess a larger amount of cannabis if stored in a locked space at the person’s residence that is not visible from public spaces.

What Are the Marijuana Laws in New Mexico?

Medical and recreational marijuana is legal in New Mexico, but it doesn’t mean you can light up anywhere and anytime. 

You need to pay attention to the program and industry regulations, and the Cannabis Control Division is in charge of New Mexico marijuana laws. 

The rules they have set forth cover purchase, possession, cultivation, consumption, and other relevant areas of the cannabis industry.

Let’s first look closely at those guides for recreational marijuana. 

How Much Recreational Marijuana Can You Buy and Possess in New Mexico?

Can you buy marijuana in New Mexico? Yes, you can. Persons aged 21 or older can purchase recreational marijuana from licensed retail locations and buy up to the legal possession limit at once. 

The limit is 2 ounces of cannabis, 800mg of edibles, and 16g of cannabis concentrate. 

Any amount above the possession limit must be stored in a private residence out of public view.  

Where Can You Consume Recreational Marijuana in New Mexico?

It is illegal to consume, possess, distribute, or transfer cannabis in public spaces like public parks, youth centers, school campuses, public vehicles, and workplaces—it’s an offense punishable by a $50 fine. 

Remember that cannabis is still illegal federally, so cannabis possession and/or consumption on federal property are federal offenses.

The best place to enjoy your cannabis is at home or in a licensed cannabis consumption area. Even if you have a medical marijuana card, the restrictions on public marijuana consumption and consumption on federal property apply to you too.

Okay, let’s dive into the medical aspect of marijuana in New Mexico. 

Is Medical Marijuana Legal in New Mexico?

Yes, medical marijuana has been legal in New Mexico since 2007, when the legislature passed SB 523, the Lynn and Erin Compassionate Act. 

The bill allowed patients with a physician’s recommendation to use medical marijuana to treat multiple sclerosis, epilepsy, HIV/AIDS, cancer, and glaucoma. The law was later expanded to add more qualifying conditions and allow for the home cultivation of marijuana.

The Department of Health oversees the rules and regulations, and according to the law, patients and caregivers can possess up to six ounces of usable cannabis. 

If cardholders have a special permit for cultivation, they can grow up to four mature plants and 12 seedlings.

The New Mexico Marijuana program is named after Lynn Pierson, a brave cancer patient who fought to see that the therapeutic benefits of nature’s wonder plant are available to patients who stand to benefit from marijuana treatment.    

Qualifying Conditions for Medical Marijuana in New Mexico

People who suffer from any of the following conditions are eligible to apply for medical marijuana in New Mexico:

• • Alzheimer’s disease
  • Amyotrophic Lateral Sclerosis (ALS)
  • Autism spectrum disorder
  • Cancer
  • Crohn’s disease
  • Damage to the nervous tissue of the spinal cord (with an objective neurological indication of intractable spasticity)
  • Epilepsy/Seizure disorder
  • Friedreich’s Ataxia
  • Glaucoma
  • Hepatitis C infection currently receiving antiviral therapy
  • HIV/AIDS
  • Hospice care
  • Huntington’s disease
  • Inclusion body myositis
  • Inflammatory autoimmune-mediated arthritis
  • Intractable nausea/vomiting
  • Lewy body disease
  • Multiple sclerosis
  • Obstructive sleep apnea
  • Opioid use disorder
  • Painful peripheral neuropathy
  • Parkinson’s disease
  • Post-traumatic stress disorder
  • Severe anorexia/cachexia
  • Severe chronic pain
  • Spasmodic torticollis (cervical dystonia)
  • Spinal muscular atrophy
  • Ulcerative colitis
  • According to New Mexico medical marijuana law, if a patient suffers from a condition that can be ameliorated with cannabis treatment but is not listed as a qualifying condition, the patient can petition the Medical Advisory Board to add their condition to the list.

Where Can I Buy Medical Marijuana in New Mexico?

You know medical marijuana is legal in New Mexico, and you already have your medical marijuana card, but that doesn’t mean you can buy marijuana like enchiladas or tamales. So, where do you go?  

Medical marijuana patients and caregivers can purchase products tax-free from state-licensed non-profit producers. 

If you reach their monthly medicine limit, you can buy from retail producers but will have to pay tax on the products.  

Age Limit for Medical Marijuana in New Mexico

How old must you be before you can participate in the New Mexico medical marijuana program? It doesn’t matter. 

Age is no barrier to accessing the New Mexico medical cannabis program: it is open to all residents, but those under 18 must have a caregiver. 

How Much Medical Marijuana Can You Buy in New Mexico?

Even if you have a medical marijuana card, you can’t buy as much marijuana as you like; there’s a limit to how much you can buy. 

Patients in New Mexico can buy up to 425 units of cannabis and cannabis products like edibles, tinctures, and topicals over three months or 90 days. 

A unit of cannabis equals 1 gram of dried flower; 425 units of dried flower is about 15 ounces. One unit equals 200 milligrams or 0.2 grams of THC for edibles, topicals, and tinctures.   

Does Your MMJ Card Offer Employee Protection?

You may be wondering if your medical marijuana card offers you workplace protection. No, it does not. Your medical marijuana card may not protect you if you’re employed in a workplace with a drug-free policy. 

It is advisable to check company policy and be safe—speak with your employer.

New Mexico Dispensary Laws

The laws covering the operation of dispensary licenses in New Mexico are covered in the application license form. 

They include provisions for a social and economic equity plan, proof of age of dispensary owner or controlling persons, water and energy use plan, criminal history background check, security requirements, quality assurance requirements, and public health/environmental requirements. 

For a detailed breakdown of New Mexico dispensary laws as laid out in the application license form, see the information provided by the Cannabis Control Division here.  

How Do I Get a Growers License in New Mexico?

Growing marijuana in New Mexico is straightforward; you have to obtain a license first. There are different grower licenses available; they include producer/dispensary, manufacturer, courier, retailer, and testing lab. 

To see the licensing fees for each category, see the information provided by the Cannabis Control Division here. 

How Many Plants Can You Grow in New Mexico?

Growing your cannabis in New Mexico is legal, but there are limits on how much you can grow at once. Adults can grow six mature plants and six immature plants, and households can grow a maximum of 12 mature plants. 

Medical patients and their caregivers can apply for a license to grow up to 16 plants but only four flowering plants at once.  

New Mexico Medical Marijuana Reciprocity

New Mexico has one of the most liberal reciprocity laws in the country, so medical marijuana patients from out-of-state can register as reciprocal patients in the New Mexico medical marijuana program. 

Reciprocal patients must present a government-issued photo ID, a government-issued proof of authorization to participate in the medical marijuana program of another state, register electronically at a dispensary and sign the electronic registration at the dispensary. By the way, a reciprocal participant card is valid for one year.  

Elevate Holistics and Your New Mexico MMJ Needs

We believe that cannabis has wellness properties beneficial for therapeutic and recreational purposes. We also believe that the beneficial properties of this gift of nature should be available to everyone. 

That’s why we’ve made it our business to equip consumers with the up-to-date information they need to make informed decisions and stay on the side of the law. 

For all your cannabis needs, no one does it better than us. At Elevate Holistics, we can help you get your MMJ card, find a physician, locate a dispensary and answer your questions.

Contact us today for more information. 

We may not be live in New Mexico, but we have all the NM cannabis resources you need. And, if you think we should service this state, feel free to let us know!