It is not legal to consume marijuana in New Mexico unless it has been recommended by a medical professional. Despite being illegal, decriminalization efforts have made the possession of small amounts of flower marijuana (under 0.5 oz) a violation that results in a $50 fine. In the cities of Albuquerque and Santa Fe, marijuana has been decriminalized further, and possession of up to 1 oz of marijuana is punishable by a $25 fine.
Possession of between 0.5-1.0 oz of marijuana is a misdemeanor. First-time offenders may be incarcerated for up to 15 days and fined $100, while subsequent offenders could be jailed for upwards of 1 year and fined as much as $1,000. Any offender found to be in possession of more than 1.0 oz, but less than 8 oz will face a similar punishment—1 year of incarceration and a $1,000 fine. Possession of more than 8 oz is a felony. The punishment for possession of concentrated THC is uniform. Violators will be charged with a misdemeanor and could be incarcerated for up to 1 year and fined a maximum of $1,000.
Cultivation is a felony. First-time offenders could be incarcerated for up to 9 years and fined up to $10,000. Subsequent offences could result in up to 18 years of incarceration and fines of $15,000.
Patients participating in the state’s medicinal cannabis program may procure up to 8 oz over a 90-day period. Patients may also 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
• Autism spectrum disorder
• Crohn’s disease
• Friedrich’s ataxia
• Hepatitis C
• 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: