New Mexico is a relatively progressive state when it comes to cannabis. The state legalized medical cannabis in 2007 and decriminalized small-scale possession in 2009. However, there are still some laws that are stricter than others, and it can be difficult for people to navigate the complicated patchwork of state and local laws. Keep reading to learn more about the legality of Marijuana in New Mexico
Medical Marijuana in New Mexico
As of 2019, New Mexico has two medical cannabis programs: a state-regulated program that allows patients to obtain their medicine from licensed dispensaries and a federally regulated program that allows patients with certain debilitating conditions to grow
their own medicine at home or designate someone else to grow it on their behalf. The state-regulated program also allows patients to
purchase non-psychoactive CBD products from licensed dispensaries, while the federally regulated program does not.
There are currently 28 qualifying medical conditions for medical marijuana use in New Mexico, which can be found here.
Recreational Marijuana Use in New Mexico
Marijuana may not be legal nationwide, but it is legal in New Mexico. On April 15th, 2019 New Mexico legalized recreational use of marijuana and allowed anyone over 21 years old to possess up to one ounce of marijuana or 8 grams of concentrate. This means that if you are under 21 and are caught with marijuana, you could face serious consequences.
In New Mexico, possession of up to eight ounces of marijuana is a petty misdemeanor punishable by up to 15 days in jail and a $100 fine. If you are over 18 year old and possess more than 8 ounces of marijuana you could be charged with a misdemeanor or felony depending on the amount you had on you at the time of arrest. Possession of one ounce or less is a petty misdemeanor charge that comes with a $50 fine and no jail time. You can also grow up to 6 plants at home as long as there is no intent to sell them.
Paraphernalia
Laws regarding drug paraphernalia are some of the strictest in the country. Possession of marijuana paraphernalia used for the cultivation, distribution, or inhalation/ingestion of marijuana is punishable by a fine of $50 (New Mexico Senate Bill 323 – 2019). Distribution of marijuana paraphernalia to a minor occurs when a person over the age of 18 distributes marijuana paraphernalia to a person under the age of 18. This offense is a fourth degree felony and is punishable by a fine of $5,000 and 1.5 years of imprisonment. (New Mexico Stat. Ann. §30-31-25.1)
Marijuana law in New Mexico can get complicated because there are multiple layers of laws that affect people who use cannabis. If you need legal assistance regarding the medicinal or recreational use of marijuana or its paraphernalia, be sure to contact an experienced and knowledgeable attorney to ensure your rights are protected.