New Mexico

New Mexico

82,147
Registered Patient Population		 3.92%
of Total Population Represented by Patients		 109
Total Medical Retail Locations Currently in Operation		 754 : 1
Patients : Retail

Medical cannabis is legal in New Mexico. Patients may cultivate up to four mature plants at home and have an additional 12. Patients and caregivers may purchase up to 8 ounces every 90 days from dispensaries. New Mexico allows for a resident of any US state or DC to purchase cannabis at in state dispensaries providing only proof of physician authorization. Patients report high prices as a barrier to access.

Patient Rights and Civil Protection 82/100   
Arrest Protection 40/40
Affirmative Defense 13/15
Parental Rights Protections 8/10
DUI Protections 0/5
Employment Protections 4/5
Explicit Privacy Standards 7/7
Housing Protections 0/5
Does Not Create New Criminal Penalties for Patients 5/5
Organ Transplants 5/5
Reciprocity 0/3
Access to Medicine 90/100   
Allows Distribution Programs 34/40
– Allows Access to Dried Flowers 15/15
– Allows Delivery 5/5
– No Sales Tax or Reasonable Sales Tax 4/5
– Allows for a Reasonable Number of Dispensaries 5/5
– Does Not Require Vertical Integration 0/2
– Ownership/Employment Restrictions 1/2
– Provisions for Labor Standards 0/2
– Environmental Impact Regulations 2/2
– Choice of Dispensary Without Restrictions 2/2
Noncommercial Cultivation 18/20
– Personal Cultivation 15/15
– Collective Gardening 3/5
Explicit Right to Edibles/Concentrates/Other Forms 10/10
Does not Impose Bans or Limits on THC 9/10
Does not Impose Bans on CBD 10/10
Local Bans/Zoning 9/10
Ease of Navigation 88/100   
Comprehensive Qualifying Conditions 46/50
Adding New Conditions 10/10
– Law/Regulations Allow for New Conditions 5/5
– System Works for Adding New Conditions 5/5
Reasonable Access for Minors 9/10
Reasonable Caregiver Background Checks 3/4
Number of Caregivers 2/2
Patient/Practitioner-Focused Task Force or Advisory Board 0/2
Reasonable Fees (Patients and Caregivers) 9/10
Allows Multiple-Year Registrations 2/2
Reasonable Physician Requirements 4/5
Does Not Classify Cannabis as a Medicine of Last Resort 3/5
Functionality 78/100   
Patients Able to Access Medicine at Dispensaries or by Cultivation 40/50
No Significant Administrative or Supply Problems 11/15
Patients Can Receive Legal Protections Within Reasonable Time Frame of Doctor's Recommendation 8/10
Reasonable Possession Limits 5/5
Reasonable Purchase Limits 4/5
Allows Patients to Medicate Where They Choose 4/5
Covered by Insurance/State Health Aid 2/3
Financial Hardship (Fee Waivers/Discount Medicine) 4/7
Consumer Safety and Provider Requirements 88.34/100   
Dispensing 22.67/25
Staff Training 5/5
Standard Operating Procedures 5/5
– Facility Sanitary Conditions 1.25/1.25
– Storage Protocols 1.25/1.25
– Reasonable Security Protocols 1.25/1.25
– Inventory Control 1.25/1.25
Recall Protocol and Adverse Event Reporting 5/5
Product Labeling 2.67/5
– Product Contents, Including Source Material Identification 1.67/1.67
– Allergens 0/1.67
– Potency/Compound Identification 1/1.67
Required Testing 5/5
– Active Compound Identification 1.67/1.67
– Contaminants 1.67/1.67
– Potency 1.67/1.67
Grow/Cultivation 23.00/25
Staff Training 5/5
Standard Operating Procedures 5/5
– Facility and Equipment Sanitary Conditions 0.71/0.71
– Workforce Safety Protocols 0.71/0.71
– Storage Protocols (Short-Term and Long-Term Storage) 0.71/0.71
– Reasonable Security Protocols 0.71/0.71
– Batch and Lot Tracking 0.71/0.71
– Disposal/Waste 0.71/0.71
– Water Management 0.71/0.71
Pesticide Guidance 3/5
– Pesticide Guidance 2/2.5
– Pesticide Labeling 1/2.5
Required Testing 5/5
– Active Ingredient Identification 1.25/1.25
– Contaminants 1.25/1.25
– Potency 1.25/1.25
– Sample Retention 1.25/1.25
Recall Protocol and Adverse Event Reporting 5/5
Manufacturing 22.67/25
Staff Training 5/5
Standard Operating Procedures 5/5
– Facility and Equipment Sanitary Conditions 1/1
– Workforce Safety Protocols 1/1
– Storage Protocols 1/1
– Reasonable Security Protocols 1/1
– Batch and Lot Tracking 1/1
Product Labeling 2.67/5
– Product Contents, Including Source Material Identification 1.67/1.67
– Allergens 0/1.67
– Potency and Compound Information 1/1.67
Required Testing 5/5
– Active Ingredient Identification 1/1
– Contaminants 1/1
– Potency 1/1
– Shelf Life Testing 1/1
– Sample Retention 1/1
Recall Protocol and Adverse Event Reporting 5/5
Laboratory Operations 20.00/25
Staff Training 5/5
Method Validation in Accordance with AHP Guidelines 0/5
Result Reporting 5/5
Independent or Third Party 5/5
Standard Operating Procedures and Protocols 5/5
– Equipment and Instrument Calibration 0.83/0.83
– Sample Tracking 0.83/0.83
– Facility and Equipment Sanitary Conditions 0.83/0.83
– Disposal/Waste 0.83/0.83
– Storage Protocols 0.83/0.83
– Workforce Safety Protocols 0.83/0.83
Covid Response 18/20   
Delivery Available? 6/6
Curbside Pickup Available? 2/2
Medical Cannabis Essential? 7/7
Telemedicine Available? 3/5
Excerpted from ASA's 2020 State of the States Report.

In This Section

New Mexico Medical Marijuana Laws & Regulations

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The New Mexico legislature passed the state’s medical cannabis law March 13, 2007 as Senate Bill 523, "The Lynn and Erin Compassionate Use Act," by a vote of 36-31 in the House and 32-3 in the Senate. The law was signed by then-Governor Bill Richardson on April 2 and went into effect July 1, 2007.

Becoming a Patient in New Mexico

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An approved New Mexico patient may legally possess marijuana for medicinal purposes. A patient can also apply for a production license, which would allow the patient to grow their own medicine. A patient may designate a caregiver for assistance. The state issues IDs for both patients and caregivers.

Recommending Cannabis in New Mexico

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Medical professionals recommending medical cannabis must be medical personnel licensed in New Mexico to prescribe and administer drugs that are subject to the Controlled Substance Act this includes MDs , DOs and nurse practitioners that have a primary practice in New Mexico.

Becoming a Caregiver Producer or Provider in New Mexico

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The State of Medical Marijuana in New Mexico

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The State of Medical Marijuana in New Mexico

In This Section

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