What To Know About the Legal Use of Recreational Cannabis in New Mexico

April 23, 2023 Editors

A Visitors Guide to Marijuana Legalization in New Mexico

The New Mexico Legislature passed the Cannabis Regulation Act on March 31, 2021, making it legal for adult-use customers age 21 and older to purchase two ounces of cannabis, or its equivalent in other forms.

Here’s what New Mexico residents and visitors need to know about the legalization of recreational marijuana that took effect on Friday, April 1, 2022.

New Mexico Regulations

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Cannabis is legal under state law for adults 21+.

Recreational cannabis and medical marijuana are both legal in New Mexico.

The Cannabis Regulation Act made the possession of up to two ounces of cannabis—or its equivalent in other forms: 16 grams of concentrated marijuana, or 800 milligrams of edibles— legal on June 29, 2021. Homegrow became legal on the same date. Adults can cultivate up to six mature and six immature cannabis plants at home, with a maximum of 12 mature plants per household.

Starting April 1, 2022, adult-use customers are able to purchase two ounces of cannabis, or its equivalent in other forms.

Prohibited Conduct and Penalties

Smoking cannabis in public is punishable by a $50 fine.
Possession in public of more than two ounces but less than eight ounces of cannabis, 16-65 grams of concentrates, and 800-3,299 milligrams of edibles carries up to 364 days in jail. Greater quantities are a felony.
Underage possession carries a penalty of four hours of community service or four-hour drug education and legal rights program.
Driving under the influence of marijuana remains illegal.
The transportation of cannabis across state lines is a violation of Federal law.

New Mexico Cannabis DUI Laws

Even in medical states, qualifying patients are not permitted to drive under the influence of cannabis. Driving under the influence of any drug that impairs judgment is a violation of state law.

If you’re arrested for a DUI and refuse to take a drug test, your license can be confiscated at the scene and revoked for up to one year. First DUI offenses can result in up to 90 days in prison and a $500 fine, with additional offenses punishable by longer prison terms and higher fines.

How to Dispose of Cannabis on Your Way Out of New Mexico

While adult-use marijuana is legal in New Mexico, you must leave it behind when you head home. If your travel path back home or to the airport includes passing by the dispensary that sold your THC treats, you can ask a dispensary employee to properly dispose of your leftovers. This also provides an opportunity for the dispensary to recycle the packaging and child-resistant containers used to secure your product.

Taxation, Revenue Distribution, and Fees

The state will apply a cannabis excise tax levied on retail sales. It starts at 12% until July 1, 2025, and then increases by one percentage point per year, maxing out at 18% on July 1, 2030. The tax does not apply to any sales to registered patients, caregivers, or visiting patients from other states.

One-third of the cannabis excise tax revenue will go to the municipality where the sales were made. Another third of the cannabis excise tax revenue will go to the county where the sales were made.
Gross receipts taxes — which range from 5.125% to 8.8125%, depending on the location in the state — apply to adult-use, but not medical, cannabis.

Source: New Mexico's HB 2, The Cannabis Regulation Ac

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