Fact Checked by Doctor NameIs Marijuana Legal in New Mexico?
Table of Contents
Cannabis policy in the Land of Enchantment has changed significantly. New Mexico formerly had severe medical and recreational marijuana laws.
It has cutting-edge rules now. Even when the legislation changes, New Mexico has taken significant measures to make cannabis less criminal and develop a regulated market for its production and sale.
New Mexico limits marijuana to protect public health and safety.
This article will discuss New Mexico’s current medicinal and recreational cannabis regulations and significant events shaping the state’s new cannabis age.
A measure to legalize and control recreational marijuana in New Mexico was approved in 2020, but the governor overrode it.
The New Mexico Legislature subsequently approved the Cannabis Regulation Act in April 2021 to make cannabis for adult use legal.
Soon after, Governor Michelle Lujan Grisham signed the measure into law.
Historical Perspective of New Mexico Marijuana Laws
New Mexico banned cannabis in the early 1930s and enforced strict marijuana prohibition for decades. Possession of any amount could lead to jail time.
Medical marijuana advocacy grew in the late 1990s, mirrored by changing attitudes nationwide.
In 2007, New Mexico passed the Lynn and Erin Compassionate Use Act, becoming the 12th U.S. state to legalize medical cannabis.
This allowed patients with certain qualifying conditions to use and purchase marijuana with a doctor’s recommendation.
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Legalization of Medical Marijuana in New Mexico
The New Mexico Medical Cannabis Program registers patients and oversees the distribution of medical marijuana.
Patients with cancer, glaucoma, MS, epilepsy, and others may enroll. There are around 128,000 medical marijuana patients in New Mexico.
Patients are allowed 8 ounces of cannabis and 16 plants at home.
The number of licensed nonprofit producers supplying medical dispensaries has also grown, now numbering over 560 across the state.
Qualifying conditions:
- Addiction Treatment
- AIDS/HIV
- Alzheimer’s Disease
- Amyotrophic Lateral Sclerosis (ALS)
- Anxiety, Panic Disorders
- Arthritis
- Autism/Asperger Syndrome
- Cachexia or Wasting Syndrome
- Cancer
- Chronic Pain, Muscle Pain and Other Types of Pain
- Crohn’s Disease
- Epilepsy
- Glaucoma
- Hepatitis (Hepatitis A, Hepatitis B and Hepatitis C)
- Huntington’s Disease (HD)
- Inflammatory Bowel Diseases (IBDs)
- Insomnia
- Lewy Body Dementia (LBD)
- Multiple Sclerosis (MS)
- Nausea & Vomiting
- Palliative Care (Admittance Into Hospice)
- Parkinson’s Disease (PD)
- Peripheral Neuropathy (PN)
- Post-Traumatic Stress Disorder (PTSD)
- Quadriceps-Sparing Myopathy & Myositis
- Sleep Apnea and Medical Cannabis
- Spinal Cord Injuries (SCIs) and Spinal Cord Diseases (SCDs)
- Spasmodic Torticollis (aka Cervical Dystonia) and Medical Cannabis
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Other State Guide to Marijuana Legalization
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Recreational Marijuana Legalization in New Mexico
New Mexico’s path to recreational marijuana legalization hit an initial roadblock in 2020 when lawmakers passed a regulatory framework.
Still, Governor Michelle Lujan Grisham vetoed it over concerns about public safety impacts.
However, in April 2021, after revisions were made, the New Mexico Legislature succeeded in approving the Cannabis Regulation Act to legalize adult recreational use and sales.
Fulfilling a key campaign pledge, Governor Grisham signed the historic bill soon after passage by the Legislature, officially ending cannabis prohibition in the state.
The Cannabis Regulation Act and its Implications in New Mexico
The most transformative development in New Mexico’s marijuana policy came with the passage of the Cannabis Regulation Act in 2021.
This landmark law ended cannabis prohibition and created a legal framework for recreational sales.
The Act legalized the possession and use of marijuana for adults 21 and older.
It also directed the newly established Cannabis Control Division to develop regulations for a commercial recreational market. This allowed licensed retailers to begin sales in 2022.
Some critical implications of the Cannabis Regulation Act include:
- Legalizing possession of up to 2 ounces of cannabis and six home-grown plants for personal adult use
- Establishing state-licensed stores for recreational sales, expanding from the medical program
- Creating expungement and pardon options to clear past criminal records
- Outlining taxation model and allocation of revenues to state priorities
- Enabling local control for municipalities to allow/prohibit retail stores
- Developing social equity provisions to promote inclusion in the cannabis industry
The Regulation Act fundamentally shifted New Mexico away from prohibition.
Creating a taxed and regulated commercial market aims to eliminate illicit sales while generating public funds. New Mexico joins 18 other states in legalizing recreational cannabis use for adults.
Though retail sales launched in 2022, experts project that the recreational market could top $950 million in five years.
With prudent regulations and responsible use, marijuana legalization can be successfully implemented to benefit New Mexico communities.
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Marijuana Cultivation and Retail in New Mexico
The Cannabis Control Division within the Regulation and Licensing Department (RLD) manages the licensing process for all marijuana businesses.
Licenses are granted for cannabis cultivation, product manufacturing, laboratory testing, and retail sales. Licensees must follow extensive regulations and operating standards set by the division.
As of mid-2022, New Mexico has issued over 550 production licenses to medical cannabis providers and nearly 400 to recreational producers.
Over 100 licensed retail dispensaries are also active statewide to serve patient and recreational needs. This strictly regulated industry aims to ensure quality, safety, and compliance under the new legal framework.
Cultivators must track plants from seed to sale using a state-approved tracking system. Strict security measures, including alarm systems and video surveillance, must be in place.
Retail stores can only sell marijuana and cannabis products like edibles, extracts, and related supplies – other merchandise is prohibited. Online ordering and delivery options are also now allowed.
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Weed Consumption Regulations in New Mexico
The Cannabis Regulation Act legalized private adult use of marijuana but prohibited public consumption.
Smoking cannabis or using vape pens in public places is illegal. The only exemption is state-licensed cannabis consumption areas.
The RLD has approved the first ‘cannabis lounges’ where marijuana edibles, vapes, and extracts can be legally consumed on-site.
Lounges cannot allow smoking or selling alcohol. Local municipalities must approve lounge licenses.
Consuming marijuana in vehicles is also prohibited, similar to open container laws for alcohol.
Marijuana Products and Advertising in New Mexico
Recreational dispensaries in New Mexico offer various cannabis products, including smokeable flowers, vapes, edibles, tinctures, topicals, and more. However, strict marketing and advertising regulations apply to marijuana.
RLD rules prohibit ads that appeal to minors or promote overconsumption. All licensed business promotions must be “factually accurate and not misleading”.
Any health claims must be supported by scientific evidence. Required warning labels must be placed on products.
The RLD closely monitors compliance, and violations can lead to severe penalties or license revocation.
Cannabis Taxation and Revenue Allocation in New Mexico
New Mexico levies taxes on both medical and recreational marijuana sales. Medical cannabis is subject to regular state and local sales tax.
Recreational sales are hit with an additional 12% excise tax. In total, recreational marijuana is taxed at around 20%.
Most tax revenue goes to the state’s general fund—a smaller portion funds administrative costs, substance abuse programs, and public education.
New Mexico expects to collect $55 million in the first year and reach $300 million in annual cannabis tax income by 2026. The funds will help support essential public services statewide.
Weed Impact on the Criminal Justice System in New Mexico
A significant goal of cannabis legalization in New Mexico was reversing the damage from the War on Drugs, especially in minority communities.
The Regulation Act allows those with past marijuana offenses to expunge convictions from their record or petition courts for resentencing.
In June 2022, Governor Grisham signed an executive order pardoning thousands of low-level marijuana convictions.
She urged lawmakers to pass legislation automatically reviewing and erasing past cannabis criminal records.
Eliminating non-violent marijuana convictions aims to help impacted individuals move forward.
Marijuana Employment and Workplace Policies in New Mexico
New Mexico has protections for medical marijuana patients in the workplace.
The Lynn and Erin Compassionate Use Act states that employers cannot discriminate against cardholders or fire them for a positive drug test alone.
However, employees cannot use medical marijuana at work or be impaired.
Recreational users do not share the same protections. Private businesses can still drug test employees and take action against those testing positive for marijuana, even if it was consumed legally off-duty.
Employees in sensitive occupations like transit or healthcare should be aware of potential complications from off-duty cannabis use.
Public Health and Safety in New Mexico
While marijuana is now more accessible, health officials have raised public safety concerns.
A 2021 Drug Policy Alliance report found that marijuana criminalization failed to reduce use in New Mexico and that regulation can better control sales and risks.
However, the chances of youth accessing drugged driving, and cannabis addiction disorder remain.
In response, New Mexico has undertaken education campaigns on responsible use and tightened restrictions against selling to those under 21.
Legislation has also been proposed to expand access to drug treatment programs. A balance between personal freedoms and public welfare continues to be sought as cannabis reforms advance.
Marijuana Laws Challenges and Future Outlook in New Mexico
Implementing marijuana legalization brings regulatory and industry challenges.
The RLD has processed thousands of applications, inspected facilities, created protocols for testing and tracking, and issued extensive rules on packaging, security, employment practices, and more.
While the legal market expands, limiting the persistent unregulated market poses difficulties.
Looking ahead, New Mexico aims to grow its recreational industry into one of the largest nationwide, projecting over $1 billion in annual sales.
Allowing cannabis lounges and social consumption could further boost the recreational market. There is also potential to add new qualifying medical conditions in the future.
Continued progress will rely on responsibly shaping cannabis regulations while protecting public interests.
New Mexico Laws Comparative Analysis with Other States
Every state takes a unique approach to marijuana policy. New Mexico’s framework is more liberal than Texas’s, which maintains total prohibition but is stricter than California’s relatively loose regulations.
Different from states like Washington, home cultivation for both medical and recreational use is allowed.
Excise tax rates are moderate compared to states like Nevada, which imposed higher cannabis taxes.
Limiting public consumption to lounges is also distinct from states like Colorado. Comparing regulatory models helps inform best practices.
Frequently Asked Questions
Q: Can I smoke marijuana in public places in New Mexico?
A: No, smoking cannabis in public is prohibited. The only exceptions are state-licensed consumption lounges when available.
Q: How much marijuana can registered medical cannabis patients possess?
A: Medical patients can legally possess up to 8 ounces of marijuana. Possession limits are more significant to meet patient treatment needs.
Q: Can I transport marijuana when traveling through New Mexico?
A: No, transporting or carrying marijuana across state borders remains illegal under federal law, even when traveling between legal states.
Q: Is home delivery of marijuana products allowed?
A: Home delivery is permitted for medical cannabis patients. Recreational marijuana delivery is not currently allowed but may expand in the future.
Q: Where does tax revenue from marijuana sales go?
A: Most goes to the state’s general fund. A portion also supports regulation costs, substance abuse programs, and public education.
Q: What cannabis business licenses are available in New Mexico?
A: The state issues licenses for producers, manufacturers, testing labs, retailers, couriers, research, and cannabis consumption areas.
Q: Can I invest or own part of a marijuana business?
A: You can invest in or have an ownership stake in a licensed New Mexico cannabis business as long as you undergo a background check.
Q: Is synthetic marijuana legal?
A: No, only cannabis flowers, extracts and edibles are legal. Synthetic marijuana products remain illegal in New Mexico.
Q: Where can I find the latest information about New Mexico’s marijuana laws?
A: The Regulation and Licensing Department’s Cannabis Control Division website provides updates on medical and recreational laws and regulations.
Conclusion
Recently, New Mexico’s cannabis scenario has changed drastically. Gradual changes legalized marijuana for medical and recreational use.
However, prudent laws remain to safeguard the public good while this new sector expands. Weed tax revenue will be used to fund critical community projects around the nation.
Meanwhile, advances in criminal justice are attempting to repair the harm done in the past, particularly to ethnic communities.
Even if there may be issues in the future, New Mexico has entered a new age for cannabis built on respecting personal liberties while keeping the community’s health and safety in mind.
The state’s fair approach might demonstrate to other jurisdictions how to responsibly legalize and decriminalize marijuana.
