New Mexico Marijuana Laws: Recreational vs. Health-related Legalization


Updated September 2019

When New Mexico has but to legalize recreational marijuana, in 2019 lawmakers decriminalized the possession of up to one particular-half ounce of marijuana. The state has also passed a extensive health-related marijuana plan. Study extra about New Mexico marijuana laws beneath.

Recreational Marijuana in New Mexico

Is marijuana legal in New Mexico? Not very but. Nonetheless, the New Mexico Legislature in March 2019 authorized Senate Bill 323 to decriminalize 1st-time penalties for the possession of up to one particular-half ounce of marijuana. Rather than a criminal misdemeanor punishable by up to 15 days in jail, offenders are offered a ‘penalty assessment,’ punishable by a $50 fine. Subsequent offenses and situations in which an person possess extra than one particular-half ounce of marijuana stay topic to jail time. The bill was signed into law by Gov. Michelle Lujan Grisham on April three, 2019. The decreased penalties take impact on July 1, 2019.

Till the decriminalization bill requires impact, beneath state law the possession of 1 ounce or significantly less is a misdemeanor and susceptible to a maximum fine of $100 and up to 15 days in jail for the 1st offense. Second offenses are topic to maximum fines of $1,000 and up to 1 year in jail. Nonetheless, two big cities have decriminalized possession. Santa Fe eliminated criminal penalties linked with marijuana possession in 2014. Albuquerque, the state’s biggest city, decriminalized up to 1 ounce of marijuana in 2018.

In April 2019, Gov. Lugan Grisham signed into law Property Bill 370, The Criminal Record Expungement Act. The new law makes it possible for these convicted of specific violations, such as a misdemeanor conviction for marijuana possession, to petition the court for an order to expunge arrest records and public records connected to that conviction. The new law requires impact January 1, 2020.

Complete marijuana legalization could arrive to New Mexico shortly. Lugan in July 2019 formed a functioning group committed to researching and preparing for New Mexico’s upcoming legal recreational marijuana marketplace.

Health-related Marijuana in New Mexico

Voters of New Mexico authorized the Lynn and Erin Compassionate Use Act in 2007 to legalize health-related marijuana. The Health-related Cannabis Plan makes it possible for certified sufferers to possess up to eight ounces of health-related cannabis more than a 90-day period, despite the fact that extra if authorized by the doctor.

The law also makes it possible for sufferers to apply for a Individual Production License, which would enable them to house cultivate a total of 16 plants, which includes 4 mature and 12 immature.

Health-related marijuana is authorized for the following circumstances in New Mexico:

  • Alzheimer’s Illness
  • Amyotrophic Lateral Sclerosis (ALS)
  • Anorexia
  • Autism Spectrum Disorder
  • Cachexia
  • Cancer
  • Cervical Dystonia
  • Chronic and Serious Discomfort
  • Crohn’s Illness
  • Epilepsy and Seizure Issues
  • Degenerative Neurological Issues
  • Glaucoma
  • Hepatitis C
  • Hospice Care
  • Huntington’s Illness
  • Inclusion Physique Myositis
  • Inflammatory Autoimmune-Mediated Arthritis
  • Intractable Nausea and Vomiting
  • Various Sclerosis
  • Neurodegenerative Dementia (Alzheimer’s Illness)
  • Obstructive Sleep Apnea
  • Opioid Use Disorder
  • Painful Peripheral Neuropathy
  • Parkinson’s Illness
  • Post-Traumatic Anxiety Disorder (PTSD)
  • Spasmodic Torticollis
  • Spinal Cord Harm
  • Substance Use Disorder
  • Ulcerative Colitis

New Mexico’s health-related marijuana law also makes it possible for the recommendation of health-related marijuana for “any significant health-related situation, health-related remedy or illness that a health-related practitioner believes would be alleviated by the use of cannabis.”

Consumption of CBD from Hemp Oil in New Mexico

Hemp-derived CBD solutions are legal beneath Federal Law in the United States nevertheless, person state laws are dynamic and fluid. Person states may well enact their personal laws governing hemp-derived CBD.

Cultivation of Cannabis in New Mexico

New Mexico joined a expanding quantity of states in enabling hemp production in September 2017. Senate Bill six permits the state’s Division of Agriculture to license the cultivation of industrial hemp for analysis and improvement purposes. Gov. Susana Martinez initially vetoed the bill, but State District Judge Sarah Singleton overturned it right after concluding that the governor’s veto was performed illegally. 

Authorized health-related marijuana sufferers may well apply for a Individual Production License, which makes it possible for them to develop up to 16 cannabis plants (four mature, 12 immature) in their residences or properties.

Cultivating marijuana or hemp for private use remains illegal in New Mexico and is charged as a felony punishable by 9 years incarceration and up to a $10,000 fine.

Legal Status of Other U.S. States

Remain up to date on the most recent state legislation, referendums, and public opinion polls. Our Marijuana Legalization Map makes it possible for you to browse the present status of health-related and recreational marijuana laws in other U.S. states and territories.


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