Your Guide to Cannabis in New Mexico: Laws, Limits, and Legalities

Curious about cannabis laws in New Mexico? Whether you're wondering about legal consumption, how much you can carry, or even growing your own plants, we've got you covered. Since the state legalized recreational cannabis for adults in 2022, New Mexico has implemented clear guidelines for purchasing, possessing, and consuming cannabis. From taxes to product variety, and even expunging past convictions, here's everything you need to know about cannabis regulations in New Mexico.

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Is Cannabis Legal in New Mexico?

Yes, medical and recreational adult-use cannabis is legal in New Mexico.

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When Did New Mexico Legalize Cannabis?

Recreational cannabis use for adults was legalized in New Mexico on April 12, 2021 with licensed sales beginning on April 1, 2022. Medical use of marijuana was legalized in New Mexico in 2007 when the law was signed into effect.
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What Is the Legal Consumption Age for Cannabis in New Mexico?

The legal age for purchasing adult-use cannabis is 21 years and older, with identity verification required through a valid form of ID. For medical cannabis, individuals under 21 can participate in the program as patients or primary caregivers with approval from a licensed medical professional. Medical cannabis purchases are tax-exempt until patients reach their approved purchase limits, while adult-use purchases are always subject to state taxes.

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Where Can I Legally Purchase Cannabis in New Mexico?

In New Mexico, cannabis can be legally purchased from licensed dispensaries that follow strict state and local regulations. In Santa Fe, dispensaries must be located at least 400 feet apart unless one is tribal-owned, which allows for exemptions if their license is filed first. These dispensaries also adhere to rules on security, odor control, and operating hours, which run from 7:00 a.m. to midnight, ensuring a safe and compliant shopping experience.

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What Is the Legal Amount of Cannabis to Carry in New Mexico?

Individuals aged 21 and older can legally carry up to two ounces of cannabis. Possessing more than two ounces, but less than eight ounces, is considered a misdemeanor and can result in up to one year in jail and a fine of up to $1,000.

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What Is the Legal Amount of Cannabis to Sell in New Mexico?

Adults aged 21 and over can legally purchase up to 2 ounces of cannabis flower, 16 grams of cannabis concentrate, and 800 milligrams of cannabis edibles from licensed dispensaries. These sales are regulated by the Cannabis Control Division (CCD) under the Cannabis Regulation Act (CRA). 
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How Much Tax Will I Pay on Cannabis in New Mexico?

When buying adult-use cannabis, you'll pay a 12% Cannabis Excise Tax on your purchase until July 1, 2025. After that, the rate will gradually rise to 18% by 2030. On top of that, you'll also pay a Gross Receipts Tax (GRT), which can vary depending on where the purchase is made. For example, the GRT might differ between cities.

However, if you're buying medical cannabis, you're exempt from the excise tax, and medical purchases may qualify for a GRT deduction. Cannabis businesses must file and pay these taxes every month, with returns due by the 25th of the month following the sale.

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What Cannabis Products Are Available in New Mexico?

In New Mexico, a wide variety of cannabis products are available for both medical and adult-use consumers. These include edible options like tea, chocolate, energy bars, beverages, baked goods, and gummy bears. You’ll also find CBD oil, capsules, and vapor products for alternative consumption methods. For topical use, there are tinctures, lotions, lip balms, soaps, and even cannabis-infused shampoos. With such a diverse range of products, consumers can choose from different forms of cannabis to suit their preferences and needs.

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Does New Mexico Grant Cannabis Licenses to Native American Tribes?

The state grants cannabis licenses to Native American Tribes under certain conditions. A tribe must enter into an intergovernmental agreement with the state’s Cannabis Control Division (CCD) to coordinate the administration of both state and tribal laws relating to cannabis. Without this agreement, the CCD cannot approve a cannabis license within the exterior boundaries of a federally recognized Indian Nation, Tribe, or Pueblo located within the state. This allows for cross-jurisdictional cooperation while maintaining compliance with New Mexico's cannabis regulations.

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Can I Grow Cannabis Plants at Home in New Mexico?

Adults aged 21 and older are allowed to grow up to six cannabis plants at home, as long as they are kept out of public view and inaccessible to children. However, it's important to note that homegrown cannabis cannot be sold, bartered, or given away. This allows individuals to cultivate their own supply for personal use while ensuring safety and privacy.
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How Does Cannabis Consumption Impact My Employment in New Mexico?

Medical cannabis users in New Mexico are protected under employment law thanks to recent changes to the Lynn and Erin Compassionate Use Act. Employers are generally prohibited from taking adverse action, such as refusing to hire or firing someone, solely because they use medical cannabis. However, there are exceptions. Employers can still take action if federal laws require them to do so, if the employee works in a safety-sensitive position, or if the employee uses or is impaired by cannabis while at work. It's important for both employees and employers to understand these protections and exceptions to ensure compliance.

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What Are the Rules for Traveling With Cannabis in New Mexico?

Individuals cannot transport cannabis products unless licensed under the Cannabis Regulation Act. Licensed cannabis establishments or their authorized employees are the only ones permitted to transport cannabis between licensed premises. The products must be securely locked inside a vehicle and out of public view, with proper documentation, including a shipping manifest and chain of custody form. Transport must follow specific routes, and no tampering with packages is allowed during transit. Additionally, cannabis cannot be transported with alcohol, and all vehicles must meet security and registration requirements.

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How Are Past Cannabis Convictions Handled in New Mexico?

For those with past cannabis-related convictions in New Mexico, they can apply to have their records expunged under the Criminal Records Expungement Act. This allows people with cannabis charges to request that those records be cleared. If the individual’s case involves both cannabis-related and other charges, they can petition the court to expunge all charges. This process helps individuals move forward by clearing past cannabis convictions that are no longer aligned with New Mexico’s current cannabis laws.

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Final Thoughts on Cannabis Laws in New Mexico

In summary, New Mexico offers a well-regulated framework for both medical and recreational cannabis use, ensuring safe access while providing clear guidelines for residents and visitors alike. Whether you're purchasing, growing, or carrying cannabis, it's important to understand the state's laws to stay compliant. With protections in place for medical users, opportunities for expungement of past convictions, and a variety of products available, New Mexico continues to evolve as a cannabis-friendly state. 

If you're involved in the cannabis industry or planning to start a venture, staying compliant with New Mexico's regulations is crucial. To streamline your operations and manage your team more effectively, consider booking a demo with KayaPush. See how our platform can simplify HR, payroll, and compliance for your cannabis business, all in one place!

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