New Mexico

Navigating New Mexico State Laws:

Patients and Caregivers: Enrolling and Accessing Medical Cannabis

Medical Professionals: Procedures for recommending Medical Cannabis

Policymakers and Advocates: Actions Needed to Improve Laws for Patients

NOTICE: It can be challenging for patients to determine which businesses offering cannabis products are licensed and approved by the state. Review this list of medical cannabis retailers to find out where to purchase regulated cannabis in New Mexico. 

Traveling? Get more information about traveling in the US here. 

Home cultivation is allowed in New Mexico, for licensed medical cannabis patients and their caregivers. Sixteen cannabis plants, with only four mature at any given time. 

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Background on State Laws

The first legislature, “Lynn and Erin Compassionate Use Act” (SB 523), was passed in March of 2007. However, the first legal protections for patients were not established until 2019 via SB 406 which provided exemptions from criminal and civil liability for all patients, caregivers, and employees and established civil rights protections in the area of child custody and medical care to include organ transplant, created employment protections preventing employers from taking adverse actions against registered patients, and required NMDOH to create product safety and quality rules by the end of 2019. 

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. Details on how these laws apply to patients and medical professionals can be found below.

Here is a breakdown of how New Mexico fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for New Mexico can be found below. For policy updates Sign Up here or Take Action!

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 Licensed 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	139/200
Cultivation Operations 27/50 Quality Management Systems 0/10 Staff Training 10/10 Standard Operating Procedures 4/8 - Facility and Equipment Sanitation 0/1 - Workplace Safety 1/1 - Storage 0/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Water Management 0/1 - Records Management 0/1 Pesticide Usage Limitations 2/2 Environmental Impact Regulations 2/2 Required Testing 5/8 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 0/1 - Pesticides 1/1 - Heavy Metals 0/1 - Foreign Matter 1/1 - 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 2/7 Manufacturing Operations 36/50 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 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 0/1 Environmental Impact Regulations 1/3 Required Testing 5/10 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 0/1 - Pesticides 1/1 - Heavy Metals 0/1 - Residual Solvents 1/1 - Homogeneity 0/1 - Foreign Matter 1/1 - 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 2/5 Dispensary Operations 32/50 Staff Training 20/20 Standard Operating Procedures 3/7 - Facility Sanitation 0/1 - Workplace Safety 1/1 - Storage 0/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 0/1 - Records Management 0/1 Product Testing 5/10 - Product Meets Requirements Before Sale 5/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 4/13 Laboratory Operations 44/50 Independent or Third-Party 5/5 Laboratory Sampling 0/5 Method Validation 4/4 Quality Management Systems 4/5 Staff Training 20/20 Standard Operating Procedures 7/7 - Facility and Equipment Sanitation 1/1 - Equipment and Instrument Calibration 1/1 - Workplace Safety 1/1 - Sample Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Result Reporting 4/4
Score Penalties	45/100
Gives Regulatory Preference to Adult Use 15/20 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 2022 State of the States Report.