is weed legal in new mexico

Is Weed Legal In New Mexico: Full Guide

Table of Contents

New Mexico is known for its stunning landscapes and vast wilderness. It has a successful wine region, unlimited attractions for tourists and locals alike, and now—plenty of legal weed. What exactly are the cannabis laws in the state dubbed the “Land of Enchantment?” Here’s everything you need to know. 

Is Weed Legal in New Mexico? Straight to the point.

  • Recreational THC: Yes
  • Medical THC: Yes
  • CBD: Yes
  • Delta-8: Yes

Medical Weed Laws

You can apply for a medical marijuana card in New Mexico if you are 18. Minors may apply with the approval of a caregiver, custodial parent, or legal guardian. A resident of any US state or the District of Columbia may buy marijuana at state-run dispensaries in New Mexico as long as they can show identification and a prescription from a doctor. Patients do not have to pay taxes in New Mexico, and may purchase up to eight ounces every 90 days from a state-licensed dispensary. 

If you have been given one of the following diagnoses, you might qualify for a medical marijuana card in New Mexico:

  • Alzheimer’s disease
  • Autism spectrum disorder
  • Cancer
  • Glaucoma
  • Multiple sclerosis
  • Epilepsy
  • Under hospice care
  • Severe chronic pain
  • Painful peripheral neuropathy
  • Intractable nausea/vomiting
  • Severe anorexia/cachexia
  • Hepatitis C infection currently receiving antiviral treatment
  • Crohn’s disease
  • Post-traumatic Stress Disorder
  • Amyotrophic Lateral Sclerosis (ALS or Lou Gehrig’s disease)
  • Damage to the nervous tissue of the spinal cord with intractable spasticity
  • Inflammatory autoimmune-mediated arthritis
  • Spasmodic torticollis (cervical dystonia)
  • Inclusion body myositis
  • Parkinson’s disease
  • Huntington’s disease
  • Spinal muscular atrophy
  • Ulcerative colitis
  • Any other condition approved by the Department of Health

Your doctor must first certify that you suffer from one of the qualifying conditions. Additionally, they must attest that the patient has been informed of the potential risks and benefits of using medical cannabis for the condition and that it is debilitating and cannot be helped by conventional treatments.

Depending on the condition, this recommendation might need to be accompanied by additional documentation of your severe medical condition. For instance, in order to qualify for chronic pain benefits, you must provide objective evidence of severe chronic pain, such as X-rays, CT scans, and MRIs, as well as two recommendations—one from your primary care doctor and the other from a specialist. The New Mexico Department of Health must receive recommendations and fully completed applications.

Once approved, patients will receive a medical marijuana card and may shop in a state-licensed dispensary.

Recreational Weed Laws

Following a special legislative session, the Cannabis Regulation Act was enacted by Governor Lujan Grisham in June 2021. The legislation clears the way for New Mexico to legalize recreational marijuana on a statewide basis. Cannabis use for recreational purposes became legal in New Mexico on April 1, 2022.

Through the Regulation and Licensing Department, the state is permitted to control the sale of recreational cannabis under the Cannabis Regulation Act. To help regulate sales and maintain the safety of growers, dispensaries, and customers, the department’s Cannabis Control Division has established the rules. This covers regulations for businesses on plant limits for growers, quality control, testing, and labeling of products, as well as packaging and marketing cannabis at retail stores.

You must be 21 to purchase cannabis for recreational use. The purchase limits are two ounces of cannabis, 16 grams of cannabis extract, and 800 milligrams of edible cannabis. According to the law, all cannabis must be stored out of public view.

Is Weed Decriminalized in New Mexico?

The state has decriminalized marijuana possession and use. Decriminalization means that first-time offenders will not face criminal charges for possessing small amounts of marijuana but may incur fines or other penalties such as community service.

Cannabinoid Variants

Marijuana and hemp are regulated differently. When it comes to hemp-derived alternative cannabinoids, here is where New Mexico stands. 

Is CBD legal in New Mexico?

The 2018 Farm Bill legalized industrial hemp production in the United States. This legislation opened up vast possibilities for CBD-rich hemp to enter the mainstream market, allowing consumers to purchase CBD in retail establishments and online. CBD is often found in supplements, topicals, edibles, portable vape pens, home goods, and beauty and body care products. 

The Farm Bill legally protects CBD production, but it is not without stipulation. All commercially available CBD products must be derived from hemp and contain less than 0.3% Delta-9 THC. However, some states have elected to regulate CBD independently and may have further restrictions on its use and distribution. CBD is legal in New Mexico.

Is Delta-8 legal in New Mexico?

Indeed, New Mexico has legalized Delta-8 THC. All hemp derivatives, cannabinoids, and isomers, including all tetrahydrocannabinols other than Delta-9 THC, are now legal in New Mexico in accordance with federal law.

Is Delta-10 legal in New Mexico?

Delta-10 THC is legal in New Mexico. New Mexico has specifically legalized all hemp products with an acceptable level of Delta 9-THC, according to state law. The legal limit for total hemp-derived Delta-9 THC is less than 0.3%.

Are THC-O and other THC variants legal in New Mexico?

In recent years, alternative hemp-derived cannabinoids have dominated the market as a more accessible way to get high. However, they have existed in a legal gray area until February 2023. 

The Drug Enforcement Administration (DEA) has declared Delta-8-THC-O and Delta-9-THC-O illegal controlled substances. These compounds are not naturally occurring in either hemp or marijuana and are considered synthetic cannabinoids. 

The 2018 Farm Bill legalized industrial hemp and its byproducts so long as they contain no more than 0.3% Delta-9-THC by volume. The market for cannabinoids has grown in the states since then as several alternative cannabinoids emerged, including synthetic THC isomers. 

For the time being, this latest update does not affect alternative cannabinoids like THC-JD, THC-P, THCP-O, THC-H, and THC-B because they do exist naturally in trace amounts. Advocates feel that only the end of the federal prohibition on marijuana will successfully regulate synthetic or naturally occurring cannabinoids.

are HHC and HHC-O Legal in New Mexico?

HHC and HHC-O are legal in New Mexico. All hemp derivatives, cannabinoids, and isomers are legal in this state. The final products must contain less than 0.3% Delta-9 THC. Most HHC products do not contain any Delta-9 THC from hemp.

Cultivation Laws

On the same day that recreational weed was legalized, homegrown marijuana became legal. Adults are permitted to grow a total of 12 mature cannabis plants in their homes, up to six mature and six immature plants. Adult-use customers will be able to buy two ounces of cannabis, or its equivalent in other forms, beginning on April 1, 2022. You won’t be able to sell your marijuana to anyone if you grow it yourself at home. 

The first offense for violating the cultivation laws results in a felony charge, up to nine years of incarceration, and up to a $10,000 fine. The second offense or cultivation in a drug-free school zone results in a felony charge, up to 18 years of incarceration, and up to a $15,000 fine.

According to the cultivator regulations, licensees may submit a request for expansion.

However, don’t get your hopes up for a new license to grow in New Mexico; the cultivators’ current application period is now closed.

For a full list of cultivation and possession laws, check out our source.

Where to Buy Weed in New Mexico

Cities and counties cannot forbid the establishment of cannabis businesses, but they can impose limitations on store locations and hours of operation. For all you cannabis consumers in New Mexico, here’s how to access weed.


More than 100 recreational dispensaries are currently operating in New Mexico. Adult-use customers will be able to buy two ounces of cannabis or its equivalent in other forms as of April 2022.


New Mexico has legalized marijuana for recreational use, but only medical delivery is permitted. Customers can visit online dispensaries and order flower, vapes, edibles, and more. Customers may pay online with a credit card and have it delivered to their homes.

Direct to Consumer

In New Mexico, online marijuana orders must be picked up at a dispensary. A licensed dispensary is the only place from which marijuana can be bought. You may give marijuana to another adult who is 21 years of age or older, but you cannot be paid for the gift.

General FAQ

Where can you smoke weed in New Mexico? 

The best place to consume cannabis in New Mexico is in the comfort of your own home. You are not permitted to smoke in your front yard or any space viewable by the public. Tall fence in your backyard where the neighbors can’t see you? That’s probably a viable option.

Can you smoke weed in public in New Mexico? 

The state’s Cannabis Regulation Act forbids the use of cannabis products in public places. Still, it does permit the use of cannabis in certain locations, such as hotel rooms, bars, casino spaces, and outdoor venues.

According to Linda Trujillo, the director of the New Mexico Regulations and Licensing Department, smoking marijuana is not permitted in public areas. So, it will still be unlawful to smoke marijuana while walking down Central Avenue or in the Plaza in Santa Fe. In order to allow people to consume marijuana outside of their homes, the Department of Regulation and Licensing announced that they would create cannabis consumption areas for authorized businesses.

Depending on whether a business wants to permit smoking on its property, there may be different regulations. The state wants to ensure that there are designated outdoor smoking areas or that a separate building will be used for that purpose.

When was weed legalized in New Mexico?

As of June 29, 2021, marijuana use for recreational purposes is permitted in New Mexico. In 1978, New Mexico was the first state to legalize marijuana for medical use.

Punishment for Illegal Acts FAQ

What are the penalties for selling, gifting, transporting, or importing weed?

First-time offenders who distribute 100 pounds or less are subject to a felony charge, up to one and a half years in prison, and a fine of up to $5,000. First-time offenders who distribute 100 pounds or more face a felony charge, up to 9 years in prison, and a fine of up to $10,000.

What is the penalty for selling to a minor?

Selling to a minor (first offense) carries a felony sentence, up to three years in prison, and a fine of up to $5,000. A second offense can lead to up to nine years in prison with fines up to $10,000. Selling inside a drug-free school zone is a felony punishable by up to 18 years in prison, and a fine of up to $15,000.

What is possession with the intent to sell?

When someone has marijuana in their possession with the intent to distribute it, they likely have more than they would ever use themselves. This suggests that the individual intends to resell this large quantity of marijuana on the underground market. It is a serious offense with repercussions on the law.

When is possession still a crime?

In New Mexico, possession of marijuana is a crime if the intent is to distribute for reasons other than a gift or if someone possesses more than the 2 ounces legal limit.

Possession is a crime if you are in excess of legal limits or intend to distribute. In New Mexico, possession of more than two ounces and up to eight ounces is punishable by a misdemeanor, up to a year in jail, and/or a fine of up to $1,000. Possession of eight ounces or more is a felony, with up to one and a half years in prison and fines up to $5,000.

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