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New Mexico

Integrated with and BioTrack and compliant with New Mexico Department of Health and Cannabis Control Division regulations

Regulatory Framework

The primary regulatory body for adult-use cannabis in New Mexico is the Cannabis Control Division (CCD), operating under the New Mexico Regulation and Licensing Department (RLD) [1]. The New Mexico Department of Health oversees the medical cannabis patient program [5].

Legal Status

Market Status Statute
Adult-Use Legal Cannabis Regulation Act (HB 2, 2021) [10]
Medical Legal Lynn and Erin Compassionate Use Act (2007) [17]
Homegrow Legal Cannabis Regulation Act (HB 2, 2021) [10]

Legislation

Track-and-Trace

New Mexico utilizes the BioTrack system for cannabis tracking and reporting [16].

New Mexico BioTrack Traceability API Documentation

The State Traceability Portal and API are available at mcp-tracking.nmhealth.org.

The API for this system is spread across three versions. Most of the work will be done with the V1 API. Authentication is with a Company ID, Username and Password for both the UI and the API (but the parameters are slightly different in each API version).

Licensing

The Cannabis Control Division issues various licenses for adult-use cannabis businesses, including:

License Catagory Tier/Class Description
Cannabis Consumption Area - "A licensed premise where cannabis products may be served and consumed. Alcohol cannot be sold or consumed in a cannabis consumption area. Local jurisdictions may deny cannabis consumption area licenses." [13]
Cannabis Courier - "A person or business licensed to transport cannabis products to qualified patients, primary caregivers, or reciprocal participants, or directly to consumers." [13]
Cannabis Manufacturer Class I "A person or business licensed to processes and prepare cannabis into usable cannabis products." [13] "A licensee that only packages or repackages cannabis products, or labels or relabels the cannabis product container." [18]
Class II "A licensee that conducts Class I activities, and manufactures edible products or topical products using infusion processes, or other types of cannabis products other than extracts or concentrates, and does not conduct extractions." [18]
Class III "A licensee that conducts Class I and Class II activities, and extracts using mechanical methods or nonvolatile solvents." [18]
Class IV Class IV: A licensee that conducts Class I, Class II, and Class III activities, and extracts using volatile solvents or supercritical CO2. [18]
Cannabis Producer Tier Level 1 "A person or business licensed to cultivate cannabis plants; has unprocessed cannabis plants; has unprocessed cannabis products tested by a third-party cannabis testing lab; transport unprocessed products only to other cannabis establishments; or sell cannabis products wholesale." [13] 201 – 2,000 mature cannabis plants. [19]
Tier Level 2 2,001 – 6,000 mature cannabis plants. [19]
Tier Level 3 6,001 – 12,000 mature cannabis plants. [19]
Tier Level 4 12,001 – 16,000 mature cannabis plants. [19]
Cannabis Producer Microbusiness - "A producer limited to no more than two hundred (200) total mature cannabis plants at any one time." [13]
Cannabis Research Laboratory - "A license forr possession of cannabis products and all parts of the plant genus Cannabis for the purpose of studying cannabis cultivation, characteristics, or uses." [13]
Cannabis Retailer - "A person or business licensed to sell cannabis products to qualified patients; primary caregivers or reciprocal participants; or directly to consumers twenty-one (21) years of age and older with active, valid identification." [13]
Cannabis Testing Laboratory - "A licensed facility that produces or possesses cannabis products and all parts of the plant genus Cannabis for the purpose of studying cannabis cultivation, characteristics, or uses. A cannabis research laboratory does not test cannabis or cannabis products for wholesale or retail use." [13]
Integrated Cannabis Microbusiness (Micb) Class I "A person or business authorized to conduct one or more the following: production of cannabis at a single licensed premises with no more than two hundred (200) total mature cannabis plants at any one time in their possession; manufacture of cannabis products at a single licensed premises; sales and transportation of only cannabis products produced or manufactured by that person or business; operation of only one (1) retail establishment; couriering of cannabis products to qualified patients, primary caregivers or reciprocal participants, or directly to consumers. A micro integrated cannabis business (MICB) may not have multiple sublicenses of each type under the mother MICB license, only one (1) of each function." [13] "A licensee that only packages or repackages cannabis products, or labels or relabels the cannabis product container." [20]
Class II "A licensee that conducts Class I activities, and manufactures edible products or topical products using infusion processes, or other types of cannabis products other than extracts or concentrates, and does not conduct extractions." [20]
Class III "A licensee that conducts Class I and Class II activities, and extracts using mechanical methods or nonvolatile solvents." [20]
Class IV Class IV: A licensee that conducts Class I, Class II, and Class III activities, and extracts using volatile solvents or supercritical CO2. [20]
Vertically Integrated Cannabis Establishment (Vic) - "A person or business authorized to act as any of the following: a cannabis courier, a cannabis manufacturer, a cannabis producer, or a cannabis retailer. A vertically integrated cannabis establishment may have multiple sublicenses of each type under the mother VIC license." [13]

Possession Limits

Item Possession Limit
Dried Cannabis Flower 2 ounces [8]
Cannabis Concentrate 16 grams [8]
Edibles 800 milligrams [8]
Homegrow Adults in New Mexico are permitted to grow up to six plants per person or 12 plants per household [10]

Individuals can possess larger amounts of cannabis at their private residences [8].

Medical Cannabis

Patients with qualifying conditions can register with the New Mexico Department of Health's Medical Cannabis Program (MCP) to obtain a medical cannabis card. Registered patients can purchase cannabis from licensed dispensaries and, under certain conditions, cultivate a limited number of plants at home [10] [14]. Qualifying conditions include [14]:

  • Alzheimer's Disease
  • Amyotrophic Lateral Sclerosis (ALS)
  • Anxiety Disorder
  • Autism Spectrum Disorder
  • Cancer
  • Crohn's Disease
  • Damage to the Nervous Tissue of the Spinal Cord (with objective neurological indication of intractable spasticity)
  • Epilepsy/Seizure Disorder
  • Friedreich's Ataxia
  • Glaucoma
  • Hepatitis C Infection currently receiving antiviral therapy
  • HIV/AIDS
  • Hospice Care
  • Huntington’s disease
  • Inclusion Body Myositis
  • Inflammatory Autoimmune-mediated Arthritis
  • Insomnia
  • Intractable Nausea/Vomiting
  • Lewy Body Disease
  • Multiple Sclerosis
  • Obstructive Sleep Apnea
  • Opioid Use Disorder
  • Painful Peripheral Neuropathy
  • Parkinson’s disease
  • Post-Traumatic Stress Disorder
  • Severe Anorexia/Cachexia
  • Severe Chronic Pain
  • Spasmodic Torticollis (Cervical Dystonia)
  • Spinal Muscular Atrophy
  • Ulcerative Colitis

Patient may petition the Medical Advisory Board to add their condition to the current list. [14]

Additional Resources

References