New Mexico

New Mexico

Cannabis is legal to all adults over 21 in New Mexico. Any adult may cultivate up to six plants at home, or 12 in a household of two or more adults. 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 Protections	86/100
Arrest Protection 25/25 Affirmative Defense 16/20 Parental Rights Protections 20/20 DUI Protections 0/10 Employment Protections 20/20 Explicit Privacy Standards 5/5
Access to Medicine	78/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 20/20 - Authorizes Delivery 10/10 - Authorizes Curbside Pickup 10/10 Personal Cultivation 15/15 Collective Gardening 3/5 Sufficient Number of Licenced Retailers 10/30 Reciprocity 20/20
Program Functionality	71/100
Legal Protections Within Reasonable Time Frame 16/20 Reasonable Possession Limits 10/10 Reasonable Purchase Limits 10/10 Telemedicine for Physician Certifications 15/15 Patient and Physician Representation in Program Decision Making 0/20 Reasonable Caregiver Standards 3/5 - Background Checks 2/2 - Number of Caregivers 1/3 Reasonable Physician Standards 4/5 Access to Administration Methods 10/10 - Allows Dried Flower 5/5 - Allows Edibles, Concentrates, and Other Forms 5/5 Provides Access to Minors on School Grounds 3/5
Affordability	61/100
Sales Tax Break for Patients and Caregivers 16/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 20/20 Financial Hardship Waivers or Discounts 20/20 Donation Program 0/10 Allows Multi-Year Registrations 5/10
Health and Social Equity	53/100
State Program Protections 25/25 Housing Protections 0/25 Access for Minors 9/10 Access in Underserved Areas 5/10 List of Qualifying Conditions is Exhaustive or All Inclusive 9/10 Allows Patients to Medicate Where they Choose 0/10 Organ Transplants 5/5 Ownership or Employment Restrictions 0/5
Consumer Protection and Product Safety	114/200
Total 38/50 Quality Management Systems 10/10 Staff Training 10/10 Standard Operating Procedures 5/8 - Facility and Equipment Sanitation 1/1 - Workplace Safety 1/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 1/1 - Waste Disposal 1/1 - Water Management 0/1 - Records Management 1/1 Pesticide Usage Limitations 2/2 Environmental Impact Regulations 0/2 Required Testing 6/8 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Foreign Matter 0/1 - Moisture Content/ Water Activity 1/1 Packaging and Labeling 2/3 - Cannabinoids 1/1 - Terpenes 0/1 - Pesticides 1/1 Complaints, Adverse Event Reporting, and Recall Protocol 3/7 Total 38/50 Quality Management Systems 10/10 Staff Training 10/10 Standard Operating Procedures 4/7 - Facility and Equipment Sanitation 0/1 - Workplace Safety 1/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Environmental Impact Regulations 0/3 Required Testing 7/10 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Residual Solvents 1/1 - Homogeneity 1/1 - Foreign Matter 0/1 - Water Activity 0/1 Packaging and Labeling 4/5 - Cannabinoids 1/1 - Terpenes 0/1 - Ingredients 1/1 - Allergens 1/1 - Nutritional Content 1/1 Complaints, Adverse Event Reporting and Recall Protocol 3/5 Total 0/50 Staff Training 0/20 Standard Operating Procedures 0/7 - Facility Sanitation 0/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 0/1 - Waste Disposal 0/1 - Records Management 0/1 Product Testing 0/10 - Product Meets Requirements Before Sale 0/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 0/13 Total 38/50 Independent or Third-Party 5/5 Laboratory Sampling 0/5 Method Validation 2/4 Quality Management Systems 5/5 Staff Training 20/20 Standard Operating Procedures 6/7 - Facility and Equipment Sanitation 1/1 - Equipment and Instrument Calibration 1/1 - Workplace Safety 0/1 - Sample Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Result Reporting 0/4
Score Penalties	50/100
Gives Regulatory Preference to Adult Use 20/20 Classifies Cannabis as a Medicine of Last Resort 0/15 Administrative or Supply Problems 15/15 Requires Vertical Integration 10/10 Creates New Criminal Penalties for Patients 5/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 0/10 Imposes Bans or Limits on THC 0/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2021 State of the States Report.