Is Marijuana Legal in New Mexico?
In 2021, New Mexico passed new marijuana laws that both legalized recreational marijuana and have enhanced the ability to receive expungements of past marijuana criminal records. These new laws have allowed citizens to possess and grow marijuana, with some limitations.
Possession is allowed for both recreational and medical reasons. Any person aged twenty-one years old or older can recreationally possess up to two (2) ounces of cannabis flower, sixteen (16) grams of cannabis extract (such as wax), and a maximum of eight hundred (800) milligrams of edible cannabis at one time. However, a person could own more than on hand; it must be stored in a home, away from the public. In the case of patients that qualify for medical marijuana, patients are allowed to possess a maximum of eight (8) ounces of medical cannabis over a 90-day period.
The laws regarding growing and cultivating marijuana have also changed under the Cannabis Regulation Act. In New Mexico, it is legal to cultivate and house marijuana in a person’s home. Each adult in the household can have up to 6 (six) recreational plants, with a maximum of twelve (12) per household. There may be 16 (sixteen) medical cannabis plants for medical users, but only 4 (four) may be flowering at a given time.
While New Mexico law is quite lenient with their marijuana laws than other states, one can still conduct potential violations. A license is needed to grow marijuana; growing without a license is considered a second-degree felony, punishable by up to 9 years in prison. Accompanying prison time, a person can rack up a maximum fine of $10,000. No marijuana or marijuana products must be within a 300 feet distance of a school, church, or daycare center.