Table of Contents
Is marijuana legal in NM
Legal Status
- Recreational Marijuana: Legal
- Legalized by the Cannabis Regulation Act (April 2021)
- Retail sales began April 1, 2022
- Medical Marijuana: Legal since 2007
- Permitted by the Compassionate Use Act of Lynn and Erin
Possession Limits
- Adults 21+ may possess:
- Up to 2 ounces of cannabis flower
- Up to 16 grams of cannabis concentrate
- Up to 800 milligrams of edibles
- Home Possession: No legal limit (must be stored securely and out of public view)
Home Cultivation
- Allowed for adults 21+
- Each person may have up to six mature and six immature plants.
- Twelve mature plants at most per family.
Purchasing & Sales
- Licensed dispensaries only
- Recreational sales subject to:
- 12% excise tax (rising to 18% by 2030)
- Gross receipts tax
- Medical marijuana exempt from excise tax
Public Use
- Prohibited in public spaces
- Allowed only in private property or licensed consumption areas
Employment
- Employers may enforce drug-free policies
- Off-duty use is not protected in most workplaces
Regulatory Authority
- Managed by the Cannabis Control Division (CCD)
- Oversees licensing, compliance, safety, and enforcement
Federal Law
- Marijuana remains illegal federally, but state laws protect users in NM.
Summary: Cannabis is fully legal in NM for adults 21+ with clear regulations on possession, sales, and cultivation. Medical patients retain separate protections and access.
