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Cannabis in New Mexico

In April 2021, New Mexico’s governor signed a cannabis legalization bill into law allowing adults age 21 and older to use and grow marijuana for recreational use. Sales through a legal, regulated market are expected to start in 2022.

New Mexico legalized medical cannabis in 2007 and expanded the program in 2019 to include additional qualifying conditions, allow reciprocity for patients visiting from other states, allow home growers to pay manufacturers to process their cannabis, and include employment protections for patients. In addition, the state decriminalized up to a half-ounce of cannabis in 2019.

Overview of Key New Mexico Cannabis Laws

Is medical cannabis allowed? Yes

Is adult-use cannabis allowed? Yes

Personal Laws

New Mexico decriminalized cannabis under certain limits in 2019 and those limits increased with the passing of the state’s adult-use law. Individuals may possess up to 2 oz. of cannabis.

Personal Possession

Overall Possession: Up to 2 oz. of cannabis

Registered Medical Marijuana Patient Possession: Up to 8 oz. of cannabis over a 90-day period

Personal Growing

Personal growing is allowed in New Mexico for qualified patients and caregivers who apply for and obtain a Personal Production License ($30 application fee) as well as for individuals under the state’s adult-use laws.

Personal Growing: Up to 6 mature plants

Registered Medical Patient Growing: Up to 16 plants (4 mature and 12 immature)

Registered Caregiver Growing: Up to 16 plants (4 mature and 12 immature)

Medical Cannabis Patient Qualification and Registry

Patients in New Mexico must receive a certification from a healthcare provider with prescriber authority stating they have been diagnosed with a qualifying condition, and they must apply for a state-issued medical marijuana patient card. Each patient may select a caregiver, but caregivers may only serve a maximum of four patients at a time.

Qualifying medical conditions include:

  • Alzheimer’s disease
  • Amyotrophic Lateral Sclerosis (Lou Gehrig’s disease)
  • Anorexia/cachexia
  • Autism spectrum disorder
  • Cancer
  • Cervical dystonia
  • Crohn’s disease
  • Epilepsy and other seizure disorders
  • Friedreich’s ataxia
  • Glaucoma
  • Hepatitis C infection
  • HIV/AIDS
  • Hospice patients
  • Huntington’s disease
  • Inflammatory autoimmune-mediated arthritis
  • 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

Business Laws

Rules for the state’s adult-use cannabis program have not been released yet.

For the medical cannabis market, vertical integration or “license stacking” is required, which means an entity must hold multiple licenses across the New Mexico supply chain (i.e., dispensary and cultivator), referred to collectively as a Licensed Non-Profit Producer (LNPP) license. Manufacturers and labs have separate licenses. A licensed non-profit producer does not have to operate a dispensary. They can deliver cannabis, transfer it to a courier to deliver it, or take it to manufacturers instead. Manufacturers may be independent or associated with a licensed non-profit producer.

License Types

Adult-use license types have not been determined. Medical license types include:

  1. Licensed Non-Profit Producer License
  2. Manufacturer License
  3. Testing Lab License

License Fees

Adult-use license fees have not been released. Medical license fees follow:

Licensed Non-Profit Producer: $10,000 application fee and a registration fee of $30,000 for the first 150 cannabis plants and $10,000 for each additional 50 plants

Manufacturer: $1,000 application fee

Testing Lab: $2,200 application fee

License Timeline

Adult-use sales are expected to begin in April 2022, so it can be assumed that licensing will begin before that time.

For the medical cannabis market, there is no specific limit to the number of licensed non-profit producer licenses, manufacturer licenses, or testing lab licenses. Instead, the Secretary of the New Mexico Department of Health has the authority to determine the number of licenses issued.

The state is not currently accepting applications for licensed non-profit producers, but manufacturer license applications may be submitted through the New Mexico Department of Health website.

Testing

Cannabis testing is required by a licensed lab, but the New Mexico Department of Health may waive testing or adopt a staggered or random testing schedule.

Training

New Mexico does not require specific training for license holders or employees.

Work or Start a Business in the New Mexico Cannabis Industry

Leafy Green Agency offers a variety of certification seminars for people who want to start businesses, find jobs, get promotions, or invest in the cannabis industry in New Mexico and across the country. Follow the link to register for an upcoming seminar.

Sources and More Information

Data current as of 7/23/21.