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
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

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

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

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.

The State of Medical Marijuana in New Mexico

The State of Medical Marijuana in New Mexico