While New Mexico has yet to legalize adult use cannabis, it’s largest city has recently decriminalized simple possession. The state has also passed a comprehensive medical cannabis program.
CBD from Hemp Oil in New Mexico
Hemp CBD oil is federally legal in the U.S. Individual state laws, however, are dynamic and some states have and will enact their own laws regulating hemp-derived CBD.
Medical Cannabis in New Mexico
Voters of New Mexico approved the Lynn and Erin Compassionate Use Act in 2007 to legalize medical cannabis. The Medical Marijuana Program allows qualified to possess up to 8 ounces of cannabis over a 90-day period, although more if authorized by the physician.
The law also allows patients to apply for a Personal Production License, which would allow them to home cultivate a total of 16 plants, including four mature and 12 immature.
Medical cannabis is approved for the following conditions in New Mexico:
- Amyotrophic Lateral Sclerosis (ALS)
- Cervical Dystonia
- Chronic Pain
- Crohn’s Disease
- Hepatitis C
- Hospice Care
- Huntington’s Disease
- Intractable Nausea and Vomiting
- Multiple Sclerosis (MS)
- Painful Peripheral Neuropathy
- Parkinson’s Disease
- Post-Traumatic Stress Disorder (PTSD)
- Spinal Cord Damage
You can find the New Mexico Department of Health Cannabinoids Program website here.
Recreational Cannabis in New Mexico
New Mexico’s personal use cannabis laws are less severe than those of most states. Carijuana remains illegal under New Mexico’s state law. Possession of 1 ounce or less is a misdemeanor and susceptible to a maximum fine of $100 and up to 15 days in jail for the first offense. Second offenses are subject to maximum fines of $1,000 and up to 1 year in jail.
While statewide adult use cannabis remains criminalized, two major cities have decriminalized possession. Santa Fe eliminated criminal penalties associated with cannabis possession in 2014. Albuquerque, the state’s largest city, decriminalized up to 1 ounce of cannabis in 2018.
Cultivation of Cannabis in New Mexico
Approved medical cannabis patients may apply for a Personal Production License, which allows them to grow up to 16 cannabis plants (4 mature, 12 immature) in their homes or properties. Cultivating cannabis for personal use remains illegal in New Mexico and is charged as a felony punishable by 9 years incarceration and up to a $10,000 fine.