New Mexico

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]

Track-and-Trace

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

Licensing

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

License Type Description
Cannabis Consumption Area A licensed premise where cannabis products may be served and consumed. [13]
Cannabis Courier A transportation service for cannabis products to qualified patients, primary caregivers, or reciprocal participants, or directly to consumers [13]
Cannabis Manufacturer A person or business licensed to processes and prepare cannabis into usable cannabis products [13]
Cannabis Producer Participants involved exclusively in the cultivation of cannabis, including post-harvest lotting and quality assurance. [13]
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 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 [13]
Cannabis Testing Laboratory A laboratory licensed to report quality assurance results to the CCC [13]
Integrated Cannabis Microbusiness (Micb) "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." [13]
Vertically Integrated Cannabis Establishment (Vice) "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 VICE license." [13]

Additional license types are available for ancillary businesses such as laboratories and secure transport companies [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