As of June 29, 2021, people over age 21 in New Mexico are able to possess up to 2 ounces of cannabis, 16 grams of concentrate, and 800 milligrams of edible cannabis. The law also allows for the cultivation of up to 12 mature cannabis plants at home, or 6 if there is only one adult in the house.
A measure to facilitate the expungement of marijuana convictions also went into effect on Tuesday.
The adult-use legalization and expungement measures (House Bill 2 and Senate Bill 2) were signed into law by Governor Michelle Lujan Grisham in April, during a special legislative session. The move made New Mexico the seventh state to pass cannabis legalization measures since Election Day 2020.
The governor said that the legislation “is good for workers. It is good for entrepreneurs. It is good for consumers,” adding that it “brings about social justice in ways in which we have been talking about and advocating for, for decades.”
The law states that retail sales of commercial cannabis products must begin no later than April 1, 2022. The law also mandates a 20% tax on cannabis sales and allows for the operation of “cannabis consumption lounges,” where cannabis can be sold for consumption on-site.
Until actual licensed cannabis sales begin, it will remain illegal to purchase or sell cannabis.
People who have convictions for minor cannabis charges that are now legal in the state will have their records expunged under Senate Bill 2, beginning on June 29th.
Medical marijuana became legal in New Mexico under Senate Bill 523, which went into effect in 2007. The law allows patients to be in possession of up to 230 grams of marijuana, and to transfer up to two ounces of cannabis to other patients. New Mexico also allows patients to grow up to 16 plants and no more than four flowering plants.
How to Get a Medical Card in New Mexico
To be approved for the New Mexico medical marijuana program, applicants must fill out and mail the medical cannabis registration form to the state Department of Health.
In addition to the applicants personal details, the form includes a section to be filled out by a medical provider, indicating the relevant medical condition that the applicant has and which qualifies them for the medical marijauan program.
Once issued, the license is valid for three years.
The state of New Mexico has listed the following conditions as qualifiers for which patients can receive medical cannabis:
- Alzheimer’s Disease
- Amyotrophic Lateral Sclerosis (ALS)
- Autism Spectrum Disorder
- Crohn’s Disease
- Damage to the Nervous Tissue of the Spinal Cord (with an objective neurological indication of intractable spasticity)
- Epilepsy/Seizure Disorder
- Friedreich’s Ataxia
- Hepatitis C Infection currently receiving antiviral therapy
- Hospice Care
- Huntington’s disease
- Inclusion Body Myositis
- Inflammatory autoimmune-mediated Arthritis
- 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
If a patient’s condition is not on the list, they can petition the state for it to be included as a qualifying condition.
Where to Buy
Patients can acquire medical cannabis (including flower, concentrates, and edibles) at one of the state’s dozens of licensed dispensaries.
As of July 1, 2020, New Mexico recognizes medical marijuana licenses from other states.
Taxes and Medical Marijuana in New Mexico
Medical marijuana is subject to New Mexico’s 5.125% sales tax and local sales taxes may also apply.
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