New Mexico Cannabis Laws

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Legal status

  • Fully legal

Possession limits

  • Medical patients

    8 oz

  • Recreational users

    2 oz

State taxes

  • Medical patients

    5-8%

  • Recreational users

    20%

Cultivation

  • Medical patients

    6 plants

  • Recreational users

    6 plants


  • Cultivation is legal
Learn more

Application process

To apply for a medical cannabis card in the state of New Mexico

Once you have registered with Leafwell and been approved by one of our medical marijuana doctors online, receive your certificate in the mail and apply to the state medical marijuana program. Receive your MMJ card and start shopping for your medical cannabis from a licensed dispensary.

Receive the original certificate in the mail in 5-7 days.

Get your card

Table of contents

  1. Is cannabis legal in New Mexico?
  2. What are the medical marijuana laws in New Mexico?
  3. What medical conditions qualify for a Medical Marijuana Card in New Mexico?
  4. How do I get certified for medical cannabis in New Mexico?
  5. Is telemedicine allowed for medical cannabis consultations in New Mexico?
  6. How much cannabis can I possess in New Mexico with an MMJ Card?
  7. Is it legal to grow cannabis in New Mexico?
  8. Does New Mexico accept out-of-state cards?
  9. Will my New Mexico card be accepted in other states?
  10. Are there employment laws protecting medical cannabis card holders in New Mexico?
  11. What are the medical cannabis product testing requirements in New Mexico?
  12. Where is it safe to purchase cannabis in New Mexico?
  13. Where is it safe to consume marijuana in New Mexico?

Medical and adult use of cannabis is legal in New Mexico.


What are the medical marijuana laws in New Mexico?

Medical Cannabis Laws in NM

2007

Compassionate Use Medical Marijuana Act SB 0523

Governor Bill Richardson signs into law Senate Bill 523, the “Lynn and Erin Compassionate Use Act”

The bill allowed the use of cannabis with a physician’s recommendation for treatment of certain medical conditions such as HIV/AIDS, cancer, glaucoma, multiple sclerosis, and epilepsy.

Was preceded by the Controlled Substances Therapeutic Research Act (1978), which gave access to 250 patients with cancer. There was an act in place in Washington as well.

Recreational Cannabis Laws in NM

Recreational (adult use) cannabis is legal as of June 29, 2021.

Adults 21 and older are currently able to possess up to two ounces of cannabis and grow up to six mature plants for personal use. House Bill 2, the Cannabis Regulation Act, was signed into law by Governor Lujan Grisham on April 12, 2021.

1999

Republican Governor Gary Johnson set off a political firestorm in the state when he endorsed the policy of drug legalization. Johnson called for the legalization of cannabis and said that the drug’s dangers had been significantly exaggerated.

2019

House Bill 356 was introduced. The bill died in the final days of the legislative session when the state Senate Finance Committee, chaired by John Arthur Smith, refused to give the bill a hearing.

2019

Decriminalization. Possession of up to 1⁄2 ounce (14 g) of cannabis a petty misdemeanor offense, punishable by a $50 fine.

2021

HB 2 legalizes recreational cannabis.

Possession of cannabis for adults 21 and over becomes legal on June 29, 2021. No possession limit applies at home while a two ounce limit applies outside the home.

Personal cultivation of six mature plants and six immature plants is allowed per person, with a limit of 12 mature plants per residence.

Retail sales of cannabis are announced to begin by April 1, 2022. A 12% excise tax will apply in addition to regular sales taxes. The excise tax will increase 1% each year beginning in 2025, until reaching 18% in 2030.

No limit is specified on the number of retail licenses to be issued. Local governments cannot ban dispensaries entirely but can limit the number allowed or restrict where they are located.

Public consumption remains illegal, but businesses can offer on-site consumption if certain requirements are met.
Any arrests or convictions for acts made legal by the bill will automatically be expunged.

2022

The first recreational adult use stores open in New Mexico on April 1st.


What medical conditions qualify for a Medical Marijuana Card in New Mexico?

The New Mexico law lists the following medical conditions as qualifiers for a medical cannabis card:

  • Alzheimer’s Disease
  • Amyotrophic Lateral Sclerosis aka Lou Gehrig’s Disease
  • Autism Spectrum Disorder
  • Cancer
  • Crohn’s Disease
  • Damage to the Nervous Tissue of the Spinal Cord (with objective neurological indication of intractable
  • spasticity)
  • Epilepsy/Seizure Disorder
  • Friedreich’s Ataxia
  • Glaucoma
  • Hepatitis C Infection currently receiving antiviral therapy
  • HIV/AIDS
  • Hospice Care
  • Huntington’s disease
  • Inclusion Body Myositis
  • Inflammatory Autoimmune-mediated Arthritis
  • Intractable Nausea/Vomiting
  • Lewy Body Disease
  • Multiple Sclerosis (MS)
  • Obstructive Sleep Apnea
  • Opioid Use Disorder
  • Painful Peripheral Neuropathy
  • Parkinson’s Disease (PD)
  • Post-Traumatic Stress Disorder (PTSD)
  • Severe Anorexia/Cachexia
  • Severe Chronic Pain
  • Spasmodic Torticollis (Cervical Dystonia)
  • Spinal Muscular Atrophy
  • Ulcerative Colitis

How do I get certified for medical cannabis in New Mexico?

With Leafwell, you can get your New Mexico Medical Marijuana Card in 4 simple steps:

1. Register online with Leafwell – It’s quick and easy! Plus all of your data and medical records are secure on our state-of-the-art telemedicine platform.

2. Consult with a certified physician, licensed in New Mexico state with Leafwell – This consultation fee is $99. Once you’ve completed the enrolment paperwork, you’ll be connected to a New Mexico physician. The process is simple and HIPAA-compliant. Once approved, your physician will enter your details to the state database.

3. Submit the application to the New Mexico government, called the New Mexico Department of Health (NMDOH) Medical Cannabis Program – Complete the government application and submit it to the state.

4. Your digital medical marijuana card should be available immediately. Your physical medical marijuana card will be sent to you via mail within 35 days of your submission – Most cards arrive much sooner but when the government is experiencing high volume, patients may have to wait a little longer. The card is valid for 3 years but you will need to meet with a Leafwell physician every year to recertify that your qualifying condition is still applicable. Please note that cards are issued by the state, not Leafwell. Leafwell will not be mailing you anything.

You must be aged 18 years-old or over in order to undergo a medical cannabis evaluation with a physician for yourself. Those under 18 years-old will need a caregiver, who must be aged 21 or over and is repsonsible for looking after the patient.

Get your medical marijuana card

Connect with a licensed physician online in minutes.

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Is telemedicine allowed for medical cannabis consultations in New Mexico?

Yes, telemedicine is legal in New Mexico and you can get certified for cannabis online.


How much cannabis can I possess in New Mexico with an MMJ Card?

  • For medical card holders = 8 oz. every 90 days
  • For recreational users = 2 oz.
  • No limits on possession within one’s own home.

Up to 6 mature plants per person, with a maximum of 12 per household for both medical and recreational growers.


Does New Mexico accept out-of-state cards?

New Mexico has an uneasy relationship when it comes to medical marijuana reciprocity. Recent law changes barred reciprocity with other states, but this law has been challenged and has been ruled as “unlawful”. As of July 1, 2021, New Mexico must recognize and allow purchases for out-of-state patients with valid medical marijuana cards.


Will my New Mexico card be accepted in other states?

New Mexico patients were once barred from applying to medical marijuana programs from other states. However, this has been deemed illegal, and so New Mexico medical marijuana cards are now able to be recognized and honored by other states that allow for medical marijuana reciprocity.

The following states accept or recognize out-of-state medical marijuana cards:

  • Arizona
  • Maine
  • Massachusetts
  • Michigan
  • Montana
  • Nevada
  • New Hampshire
  • New Jersey
  • Oklahoma
  • Puerto Rico
  • Rhode Island
  • US Virgin Islands
  • Utah
  • Washington, D.C.

However, this does not always mean you can purchase cannabis at a medical marijuana dispensary (non-medical adult use is fine) – just that you are protected by the state’s medical marijuana laws to some extent. It is wise to call the dispensary ahead if you are a medical cannabis patient from another state and you intend on purchasing medical marijuana.

The qualifying condition usually has to match between states, so if your qualifying condition is accepted in one state and not your visiting state, your recommendation is not necessarily valid. You are also beholden to the visiting state’s medical marijuana laws, not the state that issued your card.

The following states accept out-of-state applications, allowing a visiting patient application to use medical cannabis for the duration of their stay:

  • Arkansas
  • California
  • Hawaii
  • West Virginia (cancer patients only)

Are there employment laws protecting medical cannabis card holders in New Mexico?

Unless a failure to do so would cause the employer to lose a monetary or licensing-related benefit under federal law or federal regulations, it is unlawful to take an adverse employment action against an applicant or an employee based on conduct allowed under the Lynn and Erin Compassionate Use Act. However, employer’s may still prohibit or take adverse employment action against an employee for use of, or being impaired by, medical cannabis on the premises of the place of employment or during the hours of employment. Similarly, if the employee works in a safety-sensitive position, then the employer may take adverse action.


What are the medical cannabis product testing requirements in New Mexico?

Cannabis in New Mexico must be tested for cannabinoid and terpene content, residual solvents, pesticides, heavy metals and microbial contamination.


Where is it safe to purchase cannabis in New Mexico?

In all states with a medical marijuana program, the only way to purchase medicinal cannabis products is via a legally-licensed dispensary or pharmacy, or another legally designated space to purchase cannabis. Only those with a legal license to sell cannabis can actually do so.


Where is it safe to consume marijuana in New Mexico?

All states with a medical marijuana program have some restrictions on where a person can legally use cannabis. Near schools, nurseries, parks or other places where children are expected to be, using cannabis is illegal. Use of cannabis on or in federal land or buildings, hospitals or any other such healthcare space is also illegal. Private members club and landowners may also prohibit cannabis use on their property or restrict it at their discretion.

The safest place to use medical cannabis is in the safety of your own home. It is wise to use common sense and generally keep consumption out of public view, and utilize discreet consumption methods wherever possible.