New Mexico

New Mexico currently has a medical cannabis program and will soon have an adult-use cannabis market. On March 31, 2021, the New Mexico Senate passed HB2, which was then signed into law by Governor Michelle Lujan Grisham on April 12, 2021. The law makes it legal for adults 21 and older to possess 2 oz of flower cannabis, 16 g of concentrate, and 800 mg of infused edibles. Adults will be able to purchase cannabis from licensed retailers, most likely as of spring 2022. Possession of between 2 – 8 oz of flower cannabis, 16 – 64 g of concentrate, or 800 – 3,200 mg of infused edibles is a misdemeanor punishable by up to 1 year in county jail and/or a fine of no more than $1,000. Possession of more than 8 oz of flower cannabis, 64 g of concentrate, or 3,200 mg of infused edibles is a fourth degree felony punishable by up to eighteen months imprisonment and/or a fine of up to $5,000. 


The new legislation allows individuals to cultivate six mature plants at one time and limits households to 12 plants. Patients participating in the state's medical program may grow up to 16 of their own cannabis plants, but only four can be mature at one time. 


To recommend cannabis, practitioners must have a physician-patient relationship with the patient and be licensed in New Mexico to prescribe and administer drugs that are subject to the Controlled Substances Act, provided the patient has one of the following qualifying conditions: 
•    ALS (amyotrophic lateral sclerosis)
•    Alzheimer’s disease
•    Anorexia
•    Arthritis
•    Autism spectrum disorder
•    Cancer
•    Cachexia
•    Crohn’s disease
•    Epilepsy
•    Friedrich’s ataxia
•    Glaucoma
•    Hepatitis C
•    HIV/AIDs
•    Huntington’s disease
•    Inclusion body myositis
•    Intractable nausea/vomiting
•    (LBD) Lewy body disease
•    Multiple sclerosis
•    Obstructive sleep apnea
•    Opioid use disorder
•    Peripheral neuropathy
•    Parkinson’s disease
•    PTSD (post-traumatic stress disorder)
•    Severe chronic pain
•    Spasmodic torticollis
•    Spinal cord injury
•    Spinal muscular atrophy
•    Ulcerative colitis


Patients who are under hospice care may also qualify. 


New Mexico does allow patients from other jurisdictions who hold proof of authorization to participate in the state’s medicinal cannabis program.


For more information, please see the Medical Cannabis Program page on the New Mexico Department of Health website: https://nmhealth.org/about/mcp/svcs/.

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