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New Mexico’s Cannabis and Hemp Laws
Medical
Yes (as of 2007)
Legal Personal Possession Weight
A maximum of 230 “units” per 90-days (3 months). A unit represents a single gram. Therefore, medical marijuana patients in New Mexico may purchase 8-ounces of marijuana over 3-months.
For edibles, tinctures, and topicals, a unit describes 200mg of THC.
Source
Recreational
No. However, cannabis is decriminalized in New Mexico as of 2019.
Legal Personal Possession Weight
Although cannabis is not recreationally legal, it is decriminalized. This means you may have up to half an ounce (.5oz) of cannabis in your possession without repercussion. However, if you don’t have a medical marijuana card and caught with over .5oz, then you will be subject to a misdemeanor or felony.
Source
https://norml.org/laws/item/new-mexico-penalties-2
Grow Your Own
Yes
Plant Count
Currently, you must obtain a Personal Production License to grow your own medical marijuana. This license costs $30 to submit. Once obtained, you are cleared to grow up to four mature cannabis plants, 12 cannabis seedlings, and 2 immature cannabis plants.
If you decide to grow your own medical marijuana without a PPL, you will be subject to a felony.
Source
Is Caregiving Allowed
Yes
Plant Count
A caregiver must apply for a Personal Production License and be listed as the primary caregiver for a valid medical marijuana patient. Once obtained, you are cleared to grow up to four mature cannabis plants, 12 cannabis seedlings, and 2 immature cannabis plants.
Weight
Although not expressly mentioned, it would be safe to assume that you’re allowed up to 230 units of cannabis per 3-month cycles.
License Cost
Signing up for a Personal Production License costs $30.00. Apply here:
https://nmhealth.org/publication/view/form/136/
Which Organization Manages Licenses?
New Mexico Department of Health
Source
Vertical or Horizontal Cannabis License for Business
Which Organization Manages Licenses?
New Mexico Department of Health
Total Cannabis License Cost
To obtain a Licensed Non-Profit Producer (LNPP), you must apply for a license from the NMDOH (New Mexico Department of Health). However, the NMDOH is no longer accepting new Dispensary or Production applicants at this time.
Dispensary License Cost (Link to Application)
Please visit this link to check the status of Dispensary Licenses:
https://nmhealth.org/about/mcp/svcs/pdb/
Cultivation License Cost
Although currently closed, visit this link to check the status of a Cultivation License:
https://nmhealth.org/about/mcp/svcs/pdb/
Manufacturing License Cost
Click here to apply for a Manufacturing License:
https://nmhealth.org/publication/view/form/5477/
The total cost to obtain a Manufacturing License is $1,000.
CBD or Hemp License/Program (Yes or No)
Yes
Which Organization Manage Licenses?
New Mexico Environment Department
New Mexico Department of Agriculture
Cultivation License
You must apply through NMDA for a Cultivation License. Apply here:
Indoor:
Outdoor:
Nursery:
http://www.nmda.nmsu.edu/wp-content/uploads/2019/09/2020-Nursery-App.pdf
Mandatory Pre-Harvest Document:
http://www.nmda.nmsu.edu/wp-content/uploads/2020/03/Hemp-Harvest-Notification-Document-2020.pdf
Manufacturing and Processing License
You must obtain a Hemp Manufacturing and Processing License to extract and store hemp. Apply here:
Retail License
No, not at this time. You do not need a special license to sell CBD or any other hemp-derived product — as long as it does not contain more than 0.3% THC.
Food License
Currently, there isn’t a Food License required.
FAQs
Where Can You Legally Consume Cannabis in New Mexico?
You can’t consume medical marijuana in public in New Mexico. As a medical marijuana patient, you’re allowed to consume cannabis in a private residence.
Driving Under the Influence
Driving under the influence of marijuana is expressly illegal. If you are suspected or caught with a cannabis-related DUI, you will go to jail.
Can You Transport Marijuana in New Mexico?
Yes, as a licensed medical marijuana patient, Producer, Cultivator, or licensed worker in the cannabis industry, you may transport specified amounts. If you do not carry a license, it’s illegal to transport marijuana in New Mexico.
Can You Export Marijuana from New Mexico?
No. New Mexico’s laws expressly mention that cross-border movement of cannabis is illegal (with or without a license).
Can You Sell Excess Medical Marijuana in New Mexico?
If you are a medical marijuana patient in New Mexico, you are not allowed to sell or profit from cannabis.
What Happens to My Medical Marijuana License if I Break The Rules?
Your medical marijuana license will be revoked and you may be subject to penalties.
