New Mexico Marijuana Laws
It is legal for adults in New Mexico to use and possess up to two ounces of cannabis flower or 16 grams of concentrates in public and an unspecified amount at home.
LAW BREAKDOWN
LAW BREAKDOWNS
Marijuana can legally be possessed and used for both medicinal and recreational purposes in New Mexico.
Possession
It is legal in New Mexico for adults to possess up to two ounces of cannabis flower, 16 grams of concentrates, and 800 milligrams of edibles outside of the home, as well as an unspecified amount at home in a locked container.
Possession of more than 2 ounces in public remains a crime. Possession of between 2 and 8 ounces is a misdemeanor and is punishable by as much as 1 year in jail and $1,000 in fines. Possessing more than 8 ounces, meanwhile, is a felony and has a maximum punishment of 18 months in prison and $5,000 in fines.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Up to 2 oz * | None | None | $ 0 |
| 2 – 8 oz * | Misdemeanor | 1 year | $ 1,000 |
| 8 oz or more * | Felony | 1.5 years |
$ 5,000
|
| * Limits apply to possession in public. It is legal to possess an unspecified amount at home in a locked container. | |||
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Sale or Distribution
Unlicensed sale, distribution, and possession with intent to distribute are treated the same as possession when nothing else of value changes hands.
Without remuneration, the sale, distribution, or possession with intent of between 2 and 8 ounces is punishable by up to 1 year in jail and a fine of $1,000. Where the weight is more than 8 ounces, the top punishment is 18 months in prison and $5,000.
If money or other valuable things change hands as compensation for the cannabis, any sale, distribution, or possession with intent is considered a felony. If the weight is less than 100 pounds, the maximum is 18 months in prison and $5,000 in fines. On a second conviction, the same crime is punishable by up to 3 years in prison and a $5,000 fine.
Sale, distribution, or possession with intent of more than 100 pounds carries a maximum sentence of 3 years in prison and a $5,000 fine on a first offense. With subsequent convictions, the penalty rises to as many as 9 years in prison and $10,000 in fines.
Sale, distribution, or possession with intent to distribute any amount of marijuana to a minor is also a felony in New Mexico and comes with a maximum penalty of 3 years in prison and a $5,000 fine. With subsequent offenses, the top punishment is 9 years in prison and $10,000 in fines.
Finally, any sale, distribution, or possession with intent inside a drug-free school zone is a felony punishable by up to 18 years in prison and $15,000 in fines.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 100 lbs or less (first offense) | Felony | 1.5 years | $ 5,000 |
| Less than 100 lbs or less (second offense) | Felony | 3 years | $ 5,000 |
| 100 lbs or more (first offense) | Felony | 3 years | $ 5,000 |
| 100 lbs or more (second offense) | Felony | 9 years | $ 10,000 |
| To a minor (first offense) | Felony | 3 years | $ 5,000 |
| To a minor (second offense) | Felony | 9 years | $ 10,000 |
| Within a drug-free school zone | Felony | 18 years | 18 years |
| Includes possession with the intent to distribute | |||
| If no payment, exchange of small amount of marijuana is treated as possession only. | |||
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Cultivation
It is legal for adults to grow 6 mature cannabis plants and 6 immature plants at any one time, with a limit of 12 mature plants per household. Cultivation of any more than this is subject to criminal penalties.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 6 mature plants | None | None | $ 0 |
| More than 6 plants (first offense) | Felony | 9 years | $ 10,000 |
| More than 6 plants (second offense) | Felony | 18 years | $ 15,000 |
| Within a drug-free school zone | Felony | 18 years | $ 15,000 |
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Concentrates
Hashish, hash oil, and other marijuana concentrates are legal under New Mexico law. It is legal to possess up to 16 grams of concentrates in public, as well as 800 milligrams of infused edibles.
Possession of more than 16 grams in public is a misdemeanor punishable by up to 1 year in jail and $1,000 in fines. Sale, distribution, or possession with intent is a felony with a top penalty of 3 years in prison and $5,000.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Possession of up to 16 g of concentrates, and 800 mg of infused edibles | None | None | $ 0 |
| Possession of more than 16 grams | Misdemeanor | 1 year | $ 1,000 |
| Distributing or possessing with intent to distribute | Felony | 3 years | $ 5,000 |
| Subsequent convictions or within 1,000 feet of non-secondary school carries increased incarceration and fines. | |||
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Paraphernalia
Cannabis paraphernalia, including any items used in the cultivation, harvesting, processing, testing, analysis and consumption of marijuana, is banned under state law.
Possession and use. Possession of any drug paraphernalia has been decriminalized and is subject to no more than a $50 fine.
Sale to a minor. Distribution of paraphernalia to a minor, who is at least 3 years younger than the seller, is guilty of a felony. Maximum penalties include a fine of $5,000, 18 months in prison, or both.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Possession or distribution of paraphernalia | None | None | $ 50 |
| Distribution of paraphernalia to a minor | Felony | 1.5 years | $ 5,000 |
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Medical Marijuana
MEDICAL MARIJUANA
New Mexico removed state-level criminal penalties for the use and possession of marijuana by qualifying patients with debilitating conditions in 2007.
QUALIFYING CONDITIONS:
- 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
- HIV/AIDS
- 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
PATIENT POSSESSION LIMITS:
Eight ounces (over a 90-day period)
HOME CULTIVATION:
Yes. 16 plants (no more than four mature at once)
STATE-LICENSED DISPENSARIES:
Yes
CAREGIVERS:
Yes. A primary caregiver is a person responsible for the well-being of a qualifying patient with respect to their use of marijuana. Primary caregivers must be residents of New Mexico and must be at least 18 years of age.
RECIPROCITY:
No
New Mexico Marijuana Attorneys
The following New Mexico lawyers are actively involved in the practice of cannabis law:
