Table of Contents
Is marijuanas legalized in New Mexico
1. Medical Marijuana
- Legal since: 2007
- Law: Lynn and Erin Compassionate Use Act
- Eligibility: Individuals with qualifying conditions (such as cancer, PTSD, or chronic pain)
- Program: Medical Cannabis Program (run by NM Department of Health)
- Possession limits: Adequate supply as determined by the program
- Home cultivation: Up to 16 plants (4 mature, 12 immature) allowed with a license
2. Recreational Marijuana
- Legal since: June 29, 2021 (law effective); retail sales began April 1, 2022
- Law: Cannabis Regulation Act (House Bill 2)
- Who can use: Adults 21 and over
- Possession limits:
- 2 ounces of cannabis flower
- 16 grams of concentrate
- 800 mg of edibles
- Home cultivation:
- Each person has six mature and six immature plants.
- Max 12 mature plants per household
3. Regulation & Sales
- Agency: Cannabis Control Division (under the Regulation & Licensing Department)
- Sales: Allowed through licensed dispensaries
- Taxes:
- 12% cannabis excise tax (rising to 18% by 2030)
- Plus regular gross receipts tax
4. Social Justice & Equity
- Expungement: Automatic expungement of certain past cannabis-related offenses
- Equity provisions: Support for communities affected by prior cannabis criminalization
Summary:
Marijuana is fully legal in New Mexico for both medical and recreational use. The state supports personal possession, regulated sales, and home growing, with strong provisions for equity and public safety.
