New Mexico Cannabis Laws + Possession Limits

by Kat Austin December 12, 2023 5 min read

New Mexico Cannabis Laws + Possession Limits - Vida Optima™

New Mexico's approach to cannabis laws has undergone significant shifts, transitioning from strict prohibition to accommodating medical cannabis and decriminalizing recreational use. 

While comprehending these regulations may seem complex, let's delve into New Mexico's evolving cannabis legislation. 

We'll navigate through possession regulations, cultivation guidelines, penalties, and the processes concerning the acquisition and distribution of medical marijuana. Let's uncover the dynamic changes in New Mexico's cannabis laws.

Table of Contents
Is Cannabis Legal in New Mexico?
New Mexico Cannabis Laws
How the Legal Sale of Cannabis Happens
Penalties for Marijuana-Related Crimes
Where to Buy Cannabis Online

Key Takeaways

  • Cannabis is legal for medical and recreational use in New Mexico.
  • Adults can buy up to 2 ounces of cannabis at a time, or more for medical users. There are no possession limits for private spaces. 
  • There are penalties for possessing more than the allowable amount of cannabis, for unlicensed sales, and for consuming in public spaces. 

Is Cannabis Legal in New Mexico?

Cannabis flower grown outdoors for New Mexico legal cannabis dispensaries.

New Mexico allows both medical and recreational marijuana use. The state's medical cannabis program permits registered individuals with a medical marijuana card, prescribed by licensed physicians, to use marijuana for medical purposes. Exceptions exist for those under 18 if a caregiver, 21 or older, is designated.

The Cannabis Regulation Act legalized recreational marijuana for those 21 and older starting June 29, 2021. Adults can buy, possess, and share up to 2 ounces of flower, 16 grams of concentrate, and 800 milligrams of edibles. Legal sales for recreational use commenced on April 1, 2022.

Regulations for Adult Use

In New Mexico, adult-use consumers may:

  • buy up to the following amount of cannabis at one time:
    • 2 ounces of cannabis
    • 16 g of concentrate
    • 800 mg of edibles
  • Possess cannabis at home, with no monthly, weekly, or overall possession limit in a private residence, provided that all cannabis product is stored in a place not open to the public.
  • Use cannabis in private spaces,but will need permission from landlords to consume on rented property.
  • Adults may gift up cannabis to other adults within the possession limits without taking payment
  • Transport up to 2 ounces of cannabis, 16 grams of extract, or 800 milligrams of edible cannabis in a personal vehicle in a sealed container in the trunk or another location that is out of reach to any passengers. 
  • Grow up to six plants in a personal residence so long as they are out of public view and locked away from children. 

Regulations for Medical Use

A registered New Mexico medical marijuana cardholder has the same rights as adult use consumers, but they may also:

  • buy up to 15 ounces of cannabis over any 90 day period without tax
  • Buy additional amounts as adult-use products that are subject to the regular cannabis tax
  • transport up to 15 ounces at any one time in a closed container in an area of the vehicle that is out of reach to passengers, like in the trunk
  • Qualify for medical cannabis if aged 18-21
  • Qualify for medical marijuana if under age 18 with a parent or guardian’s consent. A guardian must be established for purchasing and administering cannabis products. 

Qualifying Conditions for Medical Cannabis in New Mexico

The qualifying conditions for medical cannabis in New Mexico include:

  • Alzheimer’s disease
  • Amyotrophic Lateral Sclerosis (Lou Gehrig’s disease)
  • Anorexia/cachexia
  • Anxiety
  • Autism spectrum disorder
  • Cancer
  • Cervical dystonia
  • Crohn’s disease
  • Epilepsy and other seizure disorders
  • Friedreich’s ataxia
  • Glaucoma
  • Hepatitis C infection
  • Hospice patients
  • Huntington’s disease
  • Inflammatory autoimmune-mediated arthritis
  • Insomnia
  • Intractable nausea/vomiting
  • Lewy body disease
  • Multiple sclerosis
  • Obstructive sleep apnea
  • Opioid dependency or other substance abuse disorders
  • Painful peripheral neuropathy
  • Parkinson’s disease
  • Post-traumatic Stress Disorder
  • Severe chronic pain
  • Spasmodic torticollis
  • Spinal cord damage
  • Spinal muscular atrophy
  • Ulcerative colitis

Restrictions for Cannabis Use in New Mexico

Although cannabis is legal for recreational and medical use, there are restrictions, including: 

  • Medical cannabis use requires you to be 18 or older, registered in the Medical Cannabis Program, and possess a medical card and a physician's recommendation.
  • Recreational cannabis use is permitted for those 21 or older, with limits of 2 ounces of flower, 16 grams of concentrate, and 800 milligrams of edibles.
  • Patients can hold up to a 90-day supply or 230 units (8 ounces) within 90 days.
  • Cannabis consumption in public is restricted except in designated "cannabis consumption areas."
  • Purchasing cannabis from unauthorized sources or consuming it on federal properties is illegal.
  • Crossing state lines with cannabis, even to other cannabis-friendly states, is prohibited.
  • Driving under the influence of cannabis is illegal, and advertisements near schools, daycares, or churches are restricted within 300 feet.

New Mexico Cannabis Laws

Cannabis Regulation Act (HB 2)

  • Legalizes and regulates cannabis for adults aged 21 and older.
  • Allows home cultivation of up to six plants.
  • Creates a licensure system for various cannabis businesses.
  • Permits possession of up to 2 ounces in designated consumption areas.

Workplace Safety and Drug Policies

  • Allows employers to maintain drug-free workplaces.
  • Prohibits detrimental employment actions for marijuana impairment during work hours.

Taxation and Retail Regulations

  • Imposes a 12% excise tax plus an 8% sales tax on cannabis purchases.
  • Gradually increases the excise tax to 18% by 2030.
  • Legal retail sales of recreational cannabis began on April 1, 2022.
  • Restrictions on cannabis advertisements targeting individuals under 21.

Expungement Provisions (SB 2)

  • Provides for automatic expungement of past convictions related to now-legal offenses.

Lynn and Erin Compassionate Use Act

  • Legalized medical marijuana in 2007.
  • Establishes the statewide Medical Cannabis Program.
  • Allows patients with recommendations for 28 qualifying medical conditions to use cannabis.
  • Access to medical marijuana through state-licensed dispensaries.
  • Limits on purchase quantities, up to 230 units or 8 ounces over a 90-day period.

How Cannabis is Bought and Sold in New Jersey

Different cannabis licenses in New Mexico allow businesses to operate seamlessly from cultivation to sale. For instance, Non-Profit Producers can grow, process, and dispense medical cannabis as a vertically integrated operation.

Adult-Use Producer Licenses permit wholesale cannabis product sales, while Adult-Use Retailer Licenses cater to patients, caregivers, reciprocal participants, and consumers. Vertically Integrated Cannabis Establishment and Integrated Cannabis Microbusiness licenses also enable marijuana sales within the state.

Marijuana is available in various forms like waxes, topicals, tinctures, sativa, pre-rolls, flower, edibles, drinks, concentrates, and CBD oils. Paraphernalia is purchasable for medical cannabis use. Licensed dispensaries across New Mexico sell medical cannabis, and since April 1, 2022, recreational cannabis is legally available for purchase from licensed retailers.

Penalties for Marijuana-related Crimes in New Mexico

Cannabis is legal within specified possession limits. However, there are still some penalties for marijuana-related offenses in New Mexico, including:

Possession for Personal Use

  • Possession of up to two ounces of marijuana: Legal for adults over 21.
  • Possession of more than two and up to eight ounces: Misdemeanor, fine $100-$1000, up to 1 year imprisonment.
  • Possession of eight ounces or more: Fourth-degree felony, 1.5 years imprisonment, fine up to $5000.


  • Distribution of any amount: Misdemeanor, up to 1 year imprisonment or $1000 fine.
  • Distribution to a minor: For first offenders, third-degree felony, 3 years imprisonment, $5000 fine.


  • Cultivation of over six plants: For first offenders, second-degree felony, 9 years imprisonment, $10,000 fine.

Hash & Concentrates

  • Possession of more than 16 grams of hashish: Misdemeanor, fine $500-$1000, up to 1 year imprisonment.
  • Possession of hashish within 1,000 feet of non-secondary school: Fourth-degree felony, fine up to $5000, up to 18 months imprisonment.
  • Distributing or possessing with intent within 1,000 feet of a non-secondary school: Second-degree felony, fine up to $10,000, up to 9 years imprisonment.


  • Possession of paraphernalia: Legal if for marijuana use.
  • Distribution of paraphernalia to a minor: Fourth-degree felony, $5000 fine, 1.5 years imprisonment.

Legal Cannabis and Buy Online Alternatives

Although cannabis is legal in many states, hemp-derived THC products are still rising as a noteworthy alternative thanks to their affordability and accessibility. Hemp-derived THC products are federally legal, unlike traditional marijuana products, meaning they can often be ordered online and shipped right to your door. 

Read “Is Delta-8 Legal? A State by State Guide to Delta-8-THC Laws” to learn more about hemp THC laws near you, then check out our Elev8 and Cloud9 Collections.

Vida Optima Cloud9 Delta-9-THC Gummies

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