Weed Laws in New Mexico

New Mexico has the country's oldest state capital, Santa Fe. It is one-fourth of the Four Corners, the only place in the United States where four states meet, along with Colorado, Arizona, and Utah. The state has a mild continental climate, ample sunshine, and a diverse landscape of scenic mountains, wildflower fields, and extensive deserts. It is home to more cows and sheep than people, as well as the famous Albuquerque International Balloon Fiesta. 

In 1978, New Mexico became the first state in the US to pass legislation legalizing medical marijuana usage for research purposes with the Controlled Substances Therapeutic Research Act. The bill was spurred by the efforts of Lynn Pierson, a cancer patient who used cannabis to relieve his ailments. When the bill passed in February of 1978, it still required Federal Drug Administration approval which wouldn't come till August, shortly after Lynn passed. Two hundred fifty cancer patients would go on to receive medical cannabis through the Lynn Pierson Therapeutic Research Program, named in his honor.

In 2007, the state became the 12th to legalize medical marijuana with Senate Bill 523, the Lynn and Erin Compassionate Use Act. It permitted cannabis usage with a physician's recommendation for patients with qualifying medical conditions. In 2019, Senate Bill 406 expanded the Compassion Use Act to include protections for medical cannabis patients who were parents, extended the renewal time for medical cards to three years, allowed for consumption in dispensaries, and more. 

In June of 2021, New Mexico legalized adult-use cannabis usage. Sales hit 5.2 million the first weekend.

Is Weed Legal in New Mexico?

YES. Adults aged 21 and over can legally consume marijuana for medicinal or recreational use in New Mexico.

Weed Legalization in New Mexico

Cannabis legislation in New Mexico dates back to 1923 when the state banned marijuana cultivation, importation, and sales. In 1978, Lynn Pierson, a cancer patient, advocated to lawmakers for himself and others suffering from medical ailments to be able to use the substance legally. That year the state would be the first to pass medical usage of cannabis for research purposes with the Controlled Substances Therapeutic Research Act. The bill allowed cannabis usage through a research program approved by the FDA with cannabis supplied from the National Institute of Drug Abuse. 

In 2007, Governor Bill Richardson signed Senate Bill 523, the Lynn and Erin Compassion Use Act, making New Mexico the 12th state to legalize medical marijuana. This bill allowed medical cannabis to be used for those with qualifying medical conditions who obtained a doctor's recommendation. 

In 2019, Senate Bill 323 made first-time possession of up to one-half ounce of cannabis a petty misdemeanor with a $50 fine. It also decriminalized drug paraphernalia, which had never been done before. This was also the year Governor Michelle Lujan Grisham signed SB 406 into law, which greatly expanded the Lynn and Erin Compassion Use Act to:

• Allow medical cannabis use in public schools
• Protect medical cannabis patients from losing custody of their children
• Provide employee protections for patients in non-safety sensitive positions
• Allow medical cannabis cardholders to renew their card every three years rather than annually
• Allow medical cannabis cardholders from other states to use cannabis
• Allow consumption of medical cannabis at dispensaries
• Prevented the denial of an organ transplant due to being a medical cannabis patient

House Bill 2, The Cannabis Regulation Act, legalized adult-use cannabis on April 12, 2021. As of 2023, the recreational consumption of cannabis is legal in the state of New Mexico.

Cannabis Tax in New Mexico

Adults 21 and older can purchase medical and recreational cannabis in New Mexico at licensed dispensaries. The state currently has over 100 legal shops available to consumers.

The state levies a 17.13% - 21.44% tax on recreational cannabis purchases, which covers:

• Excise tax recreational 12% (increasing to 18% by 2030)
• Gross receipts tax (ranges from 5.125% to 9.4375% depending on county)

Medical cannabis purchases are no longer taxed, following a court ruling that medical cannabis sales aren't subject to gross receipts tax.

News outlets report that most of New Mexico’s cannabis tax revenue will go into the state’s general fund, with 30% allocated to local cities and towns. 

Is Cannabis Delivery Available in New Mexico?

YES, home cannabis delivery is allowed for both medical and recreational customers in New Mexico.

Where Can You Legally Use Weed in New Mexico?

Cannabis can be legally used in the following areas in  New Mexico:

🗹 Private properties such as residences

🗹 Businesses with a commercial cannabis consumption license

Cannabis CANNOT be consumed in:

X Public spaces

X Businesses that lack a license for commercial cannabis consumption

X Motorized vehicles in motion, for both driver and passengers

X Anywhere tobacco is prohibited

What are the Restrictions on Cannabis Possession in New Mexico?

Adults aged 21 and above may purchase and possess up to:

• Cannabis: 2 ounces 
• Cannabis concentrates: 16 grams
• Cannabis edibles: 800 milligrams

For transfer to another adult:

• Cannabis can be “shared” with another adult 21 or older without compensation but not “gifted” in conjunction with another good or service.

For the state’s home cultivation program:

• Maximum # of plants: 6

For medicinal use:

• Cannabis and/or cannabis products up to 425 total “units” in a 90-day period.
  • Dried cannabis: up to 15 ounces (1 unit = 1 gram)
  • Cannabis concentrates (edibles, tinctures, topicals, oils, etc): up to 85,000 milligrams (1 unit = 200 milligrams)

During vehicular transportation:

• No driver can possess cannabis within any area of the motor vehicle except in a sealed, odor-proof, child-resistant cannabis container.

Frequently Asked Questions About Marijuana in New Mexico

Do I need a medical marijuana card to purchase cannabis in New Mexico?

No. A medical marijuana card is not required to purchase in New Mexico. Adults over 21 are permitted to purchase up to 2 ounces of cannabis flower, 16 grams of concentrates, and 800 milligrams of edibles.

Obtaining a med card provides a range of benefits - including higher possession limits, higher potency products, and multiple legal protections - not available to recreational consumers, including

How do I obtain a New Mexico Medical Marijuana Card?

Getting your New Mexico medical cannabis card is easy with NuggMD! Just sign up, fill out a 30-second questionnaire, and see your new practitioner face-to-face via video chat the same day! Once approved, fill out your state application. The state application is free.

How long does it take to get an MMJ card in New Mexico?

Applications may take up to 30 days for the Department to review. 

Who can get a medical marijuana card in New Mexico?

Any person living with a state-approved qualified condition can apply for the program. A recommendation from a physician must confirm your medical status. Patients under 18 must have a Caregiver designated. ‍ In February 2020, the state expanded its coverage to reciprocate to patients approved in other state markets.

The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.