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New Mexico cannabis law

Key points
Legal status
Possession limits
Medical patients 15 oz per 90-day period
Recreational users 2 oz of usable cannabis, 16 g extract, 800 mg edibles
State taxes
Medical patients 0%
Recreational users 12% excise tax increasing to 18% by 2030
Cultivation
Medical patients Up to 12 plants with no more than 6 being mature. Up to 12 mature plants per household
Recreational users Up to 12 plants with no more than 6 being mature. Up to 12 mature plants per household
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Concise guide to New Mexico's medical marijuana laws

Qualifying Conditions
  • Alzheimer’s disease
  • Amyotrophic Lateral Sclerosis (Lou Gehrig’s disease)
  • Anorexia/cachexia
  • Anxiety
  • Autism spectrum disorder
  • Cancer
  • Cervical dystonia
  • Crohn’s disease
  • Epilepsy and other seizure disorders
  • Friedreich’s ataxia
  • Glaucoma
  • Hepatitis C infection
  • HIV/AIDS
  • Hospice patients
  • Huntington’s disease
  • Inflammatory autoimmune-mediated arthritis
  • Insomnia
  • Intractable nausea/vomiting
  • Lewy body disease
  • Multiple sclerosis
  • Obstructive sleep apnea
  • Opioid dependency or other substance abuse disorders
  • Painful peripheral neuropathy
  • Parkinson’s disease
  • Post-traumatic Stress Disorder
  • Severe chronic pain
  • Spasmodic torticollis
  • Spinal cord damage
  • Spinal muscular atrophy
  • Ulcerative colitis
Patient Possession Limits

Eight ounces of medical cannabis (over a 90-day period)

Home Cultivation

Yes, 16 plants (four mature, 12 immature)

State-licensed Dispensaries Allowed

Yes

Medical Marijuana Statutes

Lynn and Erin Compassionate Use Act, N.M. Stat. Ann. § 30-31C-1 (2007)

N.M. Stat. Ann. §26-2B-3(F) (2007)

Caregivers

Yes, primary caregiver is designated by patient’s practitioner as necessary to take responsibility for managing the well-being of a qualified patient with respect to the medical use of cannabis. Primary caregiver must be a resident of New Mexico. The caregiver must be 18 years of age or older.

Estimated Number of Registered Patients

80,186

Source: Medical Cannabis Division, as of May 2024

Employment Protections for Qualifying Patients

Yes

Details

 

Reciprocity

Yes

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