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New Mexico Marijuana Laws

While New Mexico has yet to legalize recreational marijuana, it has decriminalized simple possession and passed a comprehensive medical marijuana program.

Recreational Marijuana in New Mexico

New Mexico’s personal use marijuana laws are less severe than those of most states. In March 2015, the New Mexico Senate passed Senate Bill 383 to decriminalize simple possession. The law makes possession of 1 ounce or less of marijuana punishable by a $50-100 fine and up to 15 days in jail. Possession of more than one ounce is punishable by a $1000 fine and up to one-year imprisonment.

Medical Marijuana in New Mexico

Voters of New Mexico approved the Lynn and Erin Compassionate Use Act in 2007 to legalize medical marijuana. The Medical Cannabis Program allows qualified to possess up to 8 ounces of medical cannabis over a 90-day period, although more if authorized by the physician.

The law also allows patients to apply for a Personal Production License, which would allow them to home cultivate a total of 16 plants, including four mature and 12 immature.

Medical Marijuana is approved for the following conditions in New Mexico:

Consumption of CBD from Hemp Oil in New Mexico

Consumption of CBD derived from hemp oil is federally legal, as CBD from hemp falls under the same importation and commerce laws as other hemp products. New Mexico has not enacted legislation specifically relating to CBD from hemp oil, so it is legal to purchase and consume.

Cultivation of Cannabis in New Mexico

New Mexico joined a growing number of states in allowing hemp production in September 2017. Senate Bill 6 permits the state’s Department of Agriculture to license the cultivation of industrial hemp for research and development purposes. Gov. Susana Martinez originally vetoed the bill, but State District Judge Sarah Singleton overturned it after concluding that the governor’s veto was done illegally. 

Approved medical marijuana patients may apply for a Personal Production License, which allows them to grow up to 16 cannabis plants (4 mature, 12 immature) in their homes or properties.

Cultivating marijuana or hemp for personal use remains illegal in New Mexico and is charged as a felony punishable by 9 years incarceration and up to a $10,000 fine.

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  • September 29, 2015
  • Eve Ripley