New Mexico Marijuana Laws

Current Legality State
Fully Legal
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New Mexico State Information Page

  • Medical and recreational use is legalized
  • Decriminalized statewide for personal use
  • Adult residents may possess two ounces of cannabis; medical patients with qualifying conditions can have eight ounces of cannabis within a three month period
  • Cultivation of up to six mature plants per residence is allowed with a personal production license.
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Marijuana has been legal for recreational cannabis use in New Mexico since 2021 for adults, and medical marijuana has been legal since 2007 for medical cardholders and caregivers through the state’s medical cannabis program.

State Laws and Offenses

Here’s a list of penalties for New Mexico possession, sale, and distribution of marijuana, concentrate, or paraphernalia.

  • Marijuana is a Schedule I substance in the state of New Mexico
  • Federally, cannabis is still considered a Schedule I Controlled Substance.
  • An adult resident may possess up to two ounces of cannabis
  • First-time possession of up to two ounces of marijuana for adult use over 21 years of age is legal under state law with no fine or incarceration.
  • The distribution of marijuana is treated the same as possessing marijuana with the intent to distribute it.
  • The Cannabis Regulation Act permits adults to cultivate up to six mature plants for their own personal use.
  • Possession of marijuana paraphernalia used for the cultivation, distribution, or inhalation/ingestion of marijuana is punishable by a fine of 50 USD.

New Mexico department of health allows patients with the following conditions to apply for a medical cannabis card:

  • Alzheimer’s disease
  • Amyotrophic Lateral Sclerosis (Lou Gehrig’s disease)
  • Anorexia/cachexia
  • Autism spectrum disorder
  • Cancer
  • Cervical dystonia
  • Crohn’s disease
  • Epilepsy and other seizure disorders
  • Friedreich’s ataxia
  • Glaucoma
  • Hepatitis C infection
  • Hospice patients
  • Huntington’s disease
  • Inflammatory autoimmune-mediated arthritis
  • 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


Book An Appointment

You will schedule an appointment to see a medical marijuana doctor in New Mexico at a time that is most convenient for you. Provide basic medical history and book your appointment with a licensed medical marijuana doctor. You will need medical records and the doctor can approve any qualifying condition(s).



Consult with a doctor for 15 minutes to evaluate your ailments, and ask any questions you may have about medical marijuana treatment.



Within 24 hours after the evaluation, the doctor will send your certificate via email for your recommendation for medical marijuana. After receiving that recommendation, you can then apply with the state of New Mexico to complete the registration process.

Does New Mexico accept out-of-state medical cards?

New Mexico does accept out-of-state medical cards, and an adult medical patient can visit a legal dispensary to purchase with an ID. 

When does my New Mexico medical card expire?

Medical cards expire 3 years from the date the patient completes the registration process with the state.

New Mexico marijuana DUI laws

Here are the penalties in New Mexico for driving under the influence according to local governments: 

  • The first offense can result in imprisonment for not more than ninety days or by a fine of not more than 500 USD or both; not less than twenty-four hours of community service; fine of three hundred dollars; participation in and completion of a screening program and attendance in a driver rehabilitation program for alcohol or drugs.
  • A second offense can result in imprisonment for up to one year or by a fine of not more than 1,000 USD or both; an offender shall be sentenced to not less than ninety-six consecutive hours in jail, not less than forty-eight hours of community service, and a fine of five hundred dollars.
  • The third offense can result in imprisonment for not more than 364 days or by a fine of not more than 1000 USD or both; an offender shall be sentenced to a jail term of not less than thirty consecutive days, not less than ninety-six hours of community service, and a fine of seven hundred fifty dollars.

New Mexico marijuana growing laws

New Mexico requires you to be 21 years or older and can grow up to six mature cannabis plants in your home, out of sight from the public.  This has gone up recently from four mature plants for recreational cannabis.

New Mexico public consumption laws

New Mexico state law prohibits the use of cannabis in public places, including for medical patients. However, the state’s Cannabis Control Division accepts license applications for on-site marijuana consumption lounges. 

New Mexico city specific laws

The laws listed here are for the state. Cities, counties, schools, universities, and employers may set their own rules and consequences. Be sure to check how marijuana laws differ in each county or town before you use.

Seventy-five percent of New Mexicans approved recreational legalization for adults. 

Yes, Marijuana inhalation devices are legal and sold in dispensaries in the state of New Mexico; however, smoking is not allowed in public spaces.

Customers will be able to purchase a wide array of products, including dried flower, edibles, tinctures, vaporizer cartridges, concentrates, and topicals.

Yes. An adult is allowed to grow up to six mature plants in their own residence.

Requirements are as follows: 

Be 18 years of age or older

You must be able to provide proof of your IL residency

You must have a diagnosis that qualifies in Illinois and a doctor’s prescription.

You must submit a signed Physician Certification with your MMP application – and that is where Leafy Doc can help.  We can assist with booking your appointment and then provide the Physician Certification so that you can apply to get your medical card. Once you have the card, you may visit licensed medical marijuana dispensaries and even grow medical cannabis.

Yes. New Mexico law requires all qualified patients or a legal guardian to be registered with the state before using cannabis for medicinal purposes.

Requirements for a medical card are as follows: 

  • Complete the medical cannabis patients information section of the form. 
  •  The doctor must then complete and sign the section indicating the patient’s primary qualifying condition. 
  • The physician’s recommendation must also include a one-page clinical note including proof of diagnosis.
  • The patient must include a copy of their current New Mexico driver’s license or a New Mexico photo ID as proof of identity.
  • Minors under 18 must also attach Medical Power of Attorney or Legal Guardianship paperwork to indicate legal authority.
  • NMDOH has thirty days to approve or deny an application. If approved, the card will be sent by mail and valid for three years.
  • Caregivers must fill out a separate form for state approval of medical cannabis cards.

As of 2022, approximately 225 approved retailers have a cannabis license statewide.  The dispensary program is newly rolling out in 2022. 

Cannabis Policy Reform Timeline

1923: Cannabis was banned in New Mexico due to certain requirements brought on by federal prohibition 

1978: The Controlled Substances Therapeutic Research Act was signed to allow for medical use for qualifying conditions through a federally-approved research program

2007: Medical use was legalized through the Lynn and Erin Compassionate Use Act signed by Governor Richardson

2019: Gov Michelle Lujan Grisham signed legalization Bill 323 into law.

2021: Voters approved a bill to legalize cannabis, the Cannabis Regulation Act to legalize recreational use

2022: The first licensed cannabis sales were required by the state department to occur by April 1, 2022.

Updated 6.14.2022