New Mexico

1. Overview of Cannabis and Hemp Laws

Cannabis:

• Recreational Use: Legalized for adults 21 and older under the Cannabis Regulation Act (HB 2) in 2021, with retail sales commencing on April 1, 2022 (N.M. Stat. Ann. § 26-2C).
• Medical Use: Medical cannabis was legalized in 2007 with the “Lynn and Erin Compassionate Use Act,” allowing access to cannabis for qualifying patients (N.M. Stat. Ann. § 26-2B).

Hemp Intoxicants and Synthetic THC: New Mexico operates under a Hemp-Specific Regulatory Framework, requiring testing and labeling for hemp-derived intoxicants to ensure consumer safety.

2. Historical Context

• 1930s: Early cannabis prohibition aligns with federal policy.
• 2007: New Mexico establishes its medical cannabis program with the Lynn and Erin Compassionate Use Act.
• 2019: Cannabis possession is decriminalized for small amounts, lowering penalties for minor offenses.
• 2021: Adult-use cannabis is legalized under the Cannabis Regulation Act, and regulated retail sales begin in 2022.

3. Recreational Cannabis Laws

• Possession Limits: Adults may possess up to two ounces of cannabis flower, 16 grams of concentrates, and 800 milligrams of edibles. Possession beyond these amounts can result in fines.
• Cultivation: Individuals can cultivate up to six plants per person, with a maximum of 12 plants per household.
• Public Use: Public cannabis consumption is prohibited and subject to fines.
• Sale and Retail: Licensed retail stores can sell cannabis to adults, with purchase limits in place to avoid exceeding possession allowances.

4. Medical Cannabis Laws

• Patient Eligibility: Qualifying conditions include cancer, epilepsy, PTSD, and other serious conditions, with the Department of Health updating the list as necessary.
• Product Access: Patients can access various forms of cannabis, including flower, oils, tinctures, and edibles.
• Program Details: New Mexico requires patient registration for program access and permits caregivers. Registered patients may purchase from licensed dispensaries without monthly purchase limits.

5. Hemp-Derived Intoxicants

• Regulatory Status: New Mexico enforces a Hemp-Specific Regulatory Framework for intoxicating hemp products, overseeing their production and sale with compliance requirements.
• Testing and Labeling: Testing for potency and contaminants is mandatory, and products must include clear labeling with potency and usage warnings.
• Age and Retail Restrictions: Sales of hemp intoxicants are limited to individuals 21 and older, with retailers required to comply with location-based zoning restrictions.

6. Criminal Penalties for Cannabis Offenses

• Possession: Exceeding the legal possession limit is a misdemeanor and may result in fines or, for significant violations, jail time.
• Sale and Distribution: Unlicensed sale or distribution is a felony, with penalties based on quantity and location, such as near schools.
• Trafficking and Cultivation: Unauthorized cultivation beyond personal or licensed limits is a felony, with increased penalties for large-scale trafficking offenses.

7. Social Equity Programs

• Eligibility Criteria: New Mexico’s social equity program prioritizes applicants from communities disproportionately affected by previous cannabis prohibition.
• Licensing Benefits: Social equity applicants receive priority processing and reduced fees for licensing and operational expenses.
• Additional Support: The state offers training and educational resources to assist social equity applicants in managing cannabis businesses effectively.

8. Business Types and Operations

• Licensing Types: New Mexico offers licenses for cultivation, manufacturing, retail, and delivery, regulated by the Cannabis Control Division.
• Regulatory Requirements: Cannabis businesses must meet strict security, record-keeping, and employee training standards, with regular inspections to ensure compliance.