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.
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?
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:
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.
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
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
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.
Paraphernalia
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.
