New Mexico operates under a fully legalized cannabis system, allowing both recreational weed and medical marijuana under a state-regulated framework. Adults 21 and older can legally possess, purchase, and grow cannabis, while medical patients continue to receive expanded access and tax benefits through the long-standing medical program. This page explains New Mexico’s current marijuana legality, including recreational and medical rules, possession limits, cultivation allowances, taxation, and how state law is enforced today. For readers who want to compare how New Mexico’s cannabis laws align with other regions, see our comprehensive breakdown of cannabis regulations by location across U.S. states, major cities, and countries worldwide in the Cannabis Laws by Location guide.
Table of Contents
Is marijuana legal in New Mexico
As of 2025, marijuana is legal in New Mexico for both medical and recreational use. The state has progressively reformed its cannabis laws over the past two decades, culminating in full legalization.
Recreational Marijuana
Recreational marijuana was legalized in June 2021 when Governor Michelle Lujan Grisham signed the Cannabis Regulation Act (House Bill 2). Legal sales to adults aged 21 and over began on April 1, 2022. Under this law, adults may:
- Hold up to 800 milligrams of edibles, 16 grams of concentrate, and 2 ounces of cannabis.
- Cultivate up to six mature plants per person, with a maximum of 12 per household.
- Throughout the state, buy cannabis from authorized dispensaries.
Consumption is allowed in private residences and licensed on-site consumption lounges but is prohibited in public spaces, workplaces, and vehicles.
Medical Marijuana
New Mexico legalized medical marijuana in 2007 through the Lynn and Erin Compassionate Use Act. The program is managed by the New Mexico Department of Health. Qualified patients with conditions such as cancer, PTSD, chronic pain, and epilepsy can register to receive medical cannabis. Although recreational use is now legal, the medical program remains active, offering tax-free purchases and access to higher possession limits.
Regulation and Taxation
The Cannabis Control Division (CCD) under the Regulation and Licensing Department oversees cannabis production, sales, and compliance. Recreational cannabis is subject to excise taxes, which fund public health initiatives, law enforcement, and community reinvestment programs.
Federal Considerations
Despite state legality, marijuana remains a Schedule I controlled substance under federal law. However, federal authorities generally do not interfere with state-legal operations unless federal laws are violated in other ways.
In conclusion, marijuana is fully legal in New Mexico, supported by a robust regulatory framework and progressive social equity goals.
