New Mexico Marijuana Laws

While New Mexico has yet to legalize recreational marijuana, it’s largest city has recently decriminalized simple possession. The state has also passed a comprehensive medical marijuana program.

Recreational Marijuana in New Mexico

Recreational marijuana remains illegal under New Mexico’s state law. Possession of 1 ounce or less is a misdemeanor and susceptible to a maximum fine of $100 and up to 15 days in jail for the first offense. Second offenses are subject to maximum fines of $1,000 and up to 1 year in jail.

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, a bill that called for the decriminalization of marijuana possession. The law proposed making possession of 1 ounce or less of marijuana punishable by a $50-100 fine and up to 15 days in jail. The House, however, failed to take a vote on the measure.

While statewide marijuana remains criminalized, two major cities have decriminalized possession. Santa Fe eliminated criminal penalties associated with marijuana possession in 2014. Albuquerque, the state’s largest city, decriminalized up to 1 ounce of marijuana in 2018.

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 patients 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

Hemp-derived CBD products are legal under Federal Law in the United States; however, individual state laws are dynamic and fluid. Individual states may enact their own laws governing hemp-derived CBD.

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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