New Mexico Cannabis Laws You Must Know

New mexico cannabis laws

After legalizing medical cannabis back in 2007, New Mexico became the 18th state to legalize adult use with the passage of House Bill 2, the Cannabis Regulation Act in 2021.

The state’s legal cannabis market became a billion dollar industry in 2024 when Gov. Michelle Lujan Grisham announced that cannabis sales in New Mexico topped $1 billion in medical and recreational marijuana sales.

Whether you’re a New Mexican cannabis consumer or dispensary operator in Albuquerque, Las Cruces, Santa Fe or anywhere else, it’s important to understand the cannabis laws in your state. This post explains the most important cannabis laws in New Mexico.

New Mexico cannabis laws at a glance

  • Recreational cannabis consumers can buy up to 2 ounces of cannabis at a time.

  • Medical patients are eligible to buy up to 15 ounces per 90 day period.

  • Public possession of more than 8 ounces of cannabis is a felony.

  • New Mexico uses BioTrack for its cannabis track and trace system.

  • A division of the Regulation and Licensing Department, called the Cannabis Control Division oversees cannabis in New Mexico.

  • Adult use cannabis sales are subject to a 12% excise tax. There is no tax on medical cannabis.

  • Dispensaries must maintain a detailed and complete diagram of their premises on-site.

Licensing

Legal reference

APPLICATION REQUIREMENTS FOR CANNABIS RETAILER LICENSE: A. An initial application or renewal for cannabis retailer licensure shall include the following: (1) Contact information for the applicant and the cannabis establishment, to include: (a) applicant’s full legal name; (b) applicant’s date of birth, if applicable; (c) applicant’s mailing address; (d) applicant’s contact telephone number; (e) applicant’s contact email address; (f) applicant’s business physical address and mailing address, if different; (g) applicant’s business legal name, including a DBA name if applicable; (h) applicant’s business web address, if applicable; (i) applicant’s business hours of operation; (j) name and contact information for each controlling person; (k) demographic data pursuant to the Cannabis Regulation Act; and (l) license type sought; (2) proof the applicant or each controlling person is at least 21 years of age, which shall include identification issued by a federal or state government that includes the name, date of birth, and picture of the applicant or 16.8.2 NMAC 26 controlling person; (3) if applicable, certification the applicant is in good standing with the New Mexico secretary of state, including all documents filed with the New Mexico secretary of state; (4) a list of all controlling persons, a list of other current or prior licensed cannabis businesses, documentation of the applicant’s or a controlling person legal name change, and criminal history screening documents as set forth in 16.8.2.9 NMAC and the Cannabis Regulation Act; (5) a detailed description of any criminal convictions of the applicant and any controlling person, including the date of each conviction, dates of incarceration, probation or parole, if applicable, description of the offense, and statement of rehabilitation of each conviction; (6) certification the applicant will adhere to retail requirements pursuant to the Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, or division rules; (7) certification the applicant will adhere to cannabis transport requirements pursuant to the Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, or division rules; (8) certification the applicant will adhere to security requirements pursuant to the Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, or division rules; (9) certification the applicant will adhere to quality assurance requirements pursuant to the Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, or division rules; (10) certification the applicant will adhere to applicable federal, state and local laws governing the protection of public health and the environment, including occupational health and safety, food safety, environmental impacts, natural resource protections, air quality, solid and hazardous waste management, and wastewater discharge; (11) certification the applicant has never been denied a license or had a license suspended or revoked by the division or any other state cannabis licensing authority or a detailed description of any administrative orders, civil judgements, denial or suspension of a cannabis license, revocation of a cannabis license, or sanctions for unlicensed cannabis activity by any state licensing authority, against the applicant, controlling person, or a business entity in which the applicant or controlling person was a controlling person within the three years immediately preceding the date of the application; (12) certification the applicant is not licensed under the Liquor Control Act; (13) certification the applicant has obtained a current local jurisdiction business license, or will prior to operation of the cannabis establishment, and the applicant shall adhere to local zoning ordinance; (14) certification the applicant will maintain at all times a legible and accurate diagram and description of the location of the land or facility to be used for the cannabis establishment, including a description of each retail area and all security requirements; (15) if applicable, certification the applicant will adhere to courier requirements pursuant to the Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, or division rules; (16) applicant’s social and economic equity plan to encourage economic and social diversity in employment, including race, ethnicity, gender, age, and residential status of licensee, controlling persons and employees of applicant and whether the applicant, controlling persons, employees or the locations where the cannabis products are produced are located in an underserved rural community, including tribal, acequia, land grantmerced, federally designated opportunity zone, or other rural historic communities; (17) an attestation of the following statement: Under penalty of perjury, I hereby declare that the information contained within and submitted with the application is complete, true and accurate. I understand that a misrepresentation of fact or violation of these rules may result in denial of the license application or revocation of a license issued; and (18) payment of any required fees as set forth in 16.8.11 NMAC. B. Verification of information: The division may verify information contained in each application and accompanying documentation by: (1) contacting the applicant or controlling person by telephone, mail, or electronic mail; (2) conducting an on-site visit; (3) requiring a face-to-face or virtual meeting and the production of additional documentation; SUBMITTAL OF APPLICATION FOR AMENDED CANNABIS RETAILER LICENSE: A. Application: A licensed retailer shall submit to the division an application form for an amended 16.8.2 NMAC 27 license, if applicable, pay the required fee, and obtain approval from the division, prior to implementing any of the following: (1) material or substantial change of the size; (2) change of licensee’s legal or business name; (3) addition or elimination of a controlling person; (4) material or substantial change to a license’s security system; or (5) material or substantial modification of the premises. B. Amended license not required: Changes to standard operating policies and procedures may be made without providing notification to the division, provided that licensees shall maintain at each licensed premises a copy of all current operating policies and procedures. C. Requirements and processing of application for amended license: The application for amended license must comply with all requirements applicable to initial applications, except that the application shall be clearly designated as one for an amended license. The division shall approve or deny an application for amended license within 90 days of receiving a completed application. Denial of an application for amendment shall be pursuant to the Uniform Licensing Act. D. Material or substantial change: Material or substantial changes requiring approval include: (1) increase or decrease in the size of the premises; (2) change to a license’s security system, including relocation or security points or installation of a new security system; or (3) modification of the premises to relocate cannabis activities. [16.8.2.37 NMAC – N, 12/28/2021] 16.8.2.38 RETAIL PREMISES DIAGRAM: A. An applicant shall maintain on its licensed premise at all times, a complete and detailed diagram of the premises. The diagram shall be used by the division to determine whether the premises meets the requirements of the Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, and division rules. B. The diagram shall show the boundaries of the property and the proposed premises to be licensed, the dimensions of each area that cannabis will be stored and available to the public. The diagram shall also include, as applicable, any equipment to be used, entrances and exits, interior partitions, walls, rooms, windows, and doorways. The diagram shall include a brief statement or description of the principal activity to be conducted in each area on the premises. C. The diagram shall show where all cameras are located and assign a number to each camera for identification purposes. D. The diagram shall be to scale. E. The diagram shall not contain any highlighting and the markings on the diagram shall be in blackand-white print. F. If the proposed premises consists of only a portion of a property, the diagram must be labeled indicating which part of the property is the proposed premises and what the remaining property is used for. G. If the proposed premises consists of only a portion of a property that will contain two or more licensed premises, then the diagram shall be supplemented with a description of how two or more licensed premises will be managed on the property. H. If a proposed premise is located on only a portion of a property that also includes a residence, the diagram shall clearly show the designated buildings for the premises and the residence.

Dispensary applications and license renewals

When applying for or renewing a cannabis retailer license, applicants must provide:

  • Contact information: This includes personal and business contact details, such as legal names, addresses, phone numbers, email addresses, business hours, and information about controlling persons.

  • Proof of age: Applicants and controlling persons must be at least 21 years old, verified through government-issued identification.

  • Good Standing Certification: If applicable, proof of good standing with the New Mexico Secretary of State.

  • Controlling persons and criminal history: A list of controlling persons, other cannabis businesses involved, any legal name changes, and criminal history screenings.

  • Criminal convictions disclosure: Detailed descriptions of any criminal convictions of the applicant or controlling persons, including rehabilitation statements.

  • Certifications of compliance: Applicants must certify adherence to various requirements under the Cannabis Regulation Act and other relevant laws, including:
    • Retail, transport, and security requirements.

    • Quality assurance and environmental, health, and safety laws.

    • No previous license denials, suspensions, or revocations within the cannabis industry.

    • No licensure under the Liquor Control Act.

    • Compliance with local business licensing and zoning ordinances.

  • Facility and security: A detailed diagram and description of the cannabis establishment, including retail and security areas.

  • Social and economic equity plan: A plan to encourage diversity in employment and support for underserved rural communities.

  • Attestation: A statement attesting to the truthfulness and completeness of the application under penalty of perjury.

  • Application fee: Payment of any required application fees. See the full list of cannabis retail license fees here.

Retail premises diagram

Licensees must maintain a detailed and complete diagram of their premises on-site. This diagram is essential for the division to verify compliance with regulatory acts and rules.

The diagram should include:

  • Property boundaries

  • The specific areas to be licensed

  • Dimensions of spaces where cannabis is stored or available to the public

  • Locations of equipment and descriptions of activities in each area

  • Locations of all security cameras

    Be sure all this information is included in your Dispensary Business Plan!

    Dispensary business plan template

    Cannabis retail policies and procedures

    Legal reference

    CANNABIS RETAILER POLICIES AND PROCEDURES: A. Minimum policy and procedure requirements: A licensed retailer shall develop, implement, and maintain on the licensed premises, standard policies and procedures, which shall include the following: (1) cannabis handling criteria and procedures, which shall be consistent with the Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, or division rules, and shall include at a minimum, the following topics: (a) employee health and safety training materials; (b) training requirements for the proper use of health and safety measures and controls; (c) if applicable, recordkeeping and chain of custody protocols for transportation of cannabis or cannabis product samples to a cannabis testing laboratory; 16.8.2 NMAC 28 (d) recordkeeping and chain of custody protocols for transportation of cannabis or cannabis products to another cannabis establishment for any purpose; (e) protocols to ensure that cannabis or cannabis products, including any samples of cannabis or cannabis products, are transported and stored in a manner that prevents degradation, contamination, tampering, or diversion; (g) if applicable, protocols for testing sample collection that ensures accurate test results; and (h) if applicable, procedures for remedial measures to bring cannabis or cannabis products into compliance with division standards or destruction of a tested batch of cannabis or cannabis products if the testing samples from the tested batch indicate noncompliance with applicable health and safety standards; (2) employee policies and procedures to address the following minimum requirements: (a) adherence to state and federal laws; (b) responding to an emergency, including robbery or a serious accident; (c) alcohol and drug-free workplace policies and procedures; (d) safety and security procedures; (e) occupational safety; (f) crime prevention techniques; and (g) confidentiality laws, including the Health Insurance Portability and Accountability Act of 1996; and (3) documentation prepared for each employee and statements signed by employees indicating receipt and understanding of policies and procedures. B. Training program: (1) Licensee shall implement a training program, approved by the division, to ensure that all personnel present at the premises are provided information and training that, at minimum, covers the following topics within 30 days of the start of employment: (a) health and safety hazards; (b) security procedures; and (c) record keeping requirements. (2) Prior to engaging in any cannabis retail process: (a) an overview of the process and standard operating procedure(s); (b) safe work practices applicable to an employee’s job tasks, including appropriate use of any necessary safety or sanitary equipment; (c) cleaning and maintenance requirements; (d) emergency operations, including shutdown; and (e) any additional information reasonably related to an employee’s job duties. (3) A licensee that retails edible cannabis products shall ensure that all personnel who handle edible products successfully complete a food handler course accredited by the American national standards institute (ANSI). The licensee shall obtain documentation evidencing the fulfillment of this requirement. C. Training documentation: (1) Licensee shall ensure that all personnel receive annual refresher training to cover, at minimum, the topics listed in this section. The licensee shall maintain a record which contains at minimum: (a) a list of all personnel at the premises, including at minimum, name and job duties of each; (b) documentation of training topics and dates of training completion for all personnel; (c) dates of refresher training completion for all personnel; and (d) the signature of each employee verifying receipt and understanding of each training or refresher training completed. (2) Licensee may assign responsibility for ensuring compliance by individual personnel with the requirements of this section to supervisory personnel. D. Retention of training documentation: Licensees shall maintain documentation of an employee’s training for a period of two years for current employees and at least six months after the termination of an employee’s employment.

    Retailers must develop and maintain policies and procedures on their premises, covering:

    • Cannabis handling criteria and procedures: These must align with the Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, or division rules. Key topics include employee health and safety, training on health and safety measures, recordkeeping for transportation of cannabis to other establishments or testing laboratories, protocols to prevent degradation or contamination of cannabis, and procedures for dealing with non-compliant cannabis products.

    • Employee policies: Retailers must have policies on adhering to laws, emergency responses, maintaining a drug-free workplace, safety and security, occupational safety, crime prevention, and confidentiality laws like HIPAA. Employees must acknowledge receipt and understanding of these policies.

    Retailers are also required to:

    • Implement a training program approved by the division to educate all personnel on health and safety hazards, security procedures, and recordkeeping requirements within 30 days of employment.

    • Provide specific training on cannabis retail processes, safe work practices, emergency operations, and any additional information related to the employee's duties before they start any cannabis retail process.

    • Ensure personnel handling edible cannabis products complete a food handler course accredited by ANSI and keep documentation of this.

    Additionally, cannabis retailers must:

    • Conduct annual refresher training covering the topics mentioned and keep records including personnel lists, training topics and dates, refresher training dates, and employee signatures verifying their training.

    • Assign supervisory personnel the responsibility of ensuring individual compliance with these requirements.

    Standards for the sale of cannabis products

    Legal reference

    MINIMUM STANDARDS FOR RETAIL OF CANNABIS PRODUCTS:

    16.8.2 NMAC 29

    A. Access to retailer premises prior to authorization of retail sale of commercial cannabis: Prior

    to the division authorizing the retail sale of commercial cannabis, pursuant to Subsection K of Section 26-2C-6 and

    Paragraph (5) of Subsection (B) of Section 26-2C-7 of the Cannabis Regulation Act, NMSA 1978, access to the

    licensed premises of a retailer shall be limited to individuals who are at least 18 years of age and possess a valid

    qualified patient, primary caregiver, or reciprocal participant registry identification card from the department of

    health medical cannabis program.

    B. Access to retailer premises upon authorization of retail sale of commercial cannabis: Upon

    the division authorizing the retail sale of commercial cannabis, pursuant to Subsection K of Section 26-2C-6 and

    Paragraph (5) of Subsection B of Section 26-2C-7 of the Cannabis Regulation Act NMSA 1978, access to the

    licensed premises of a retailer shall be limited to the following:

    (1) individuals who are at least 21 years of age and possess a valid form of identification; and

    (2) individuals who are at least 18 years of age and possess a valid qualified patient, primary

    caregiver, or reciprocal participant registry identification card from the department of health medical cannabis

    program.

    C. Customer access to the retail area:

    (1) Individuals shall be granted access to purchase cannabis goods only after the licensed

    retailer or an employee of the licensed retailer has confirmed the individual’s age and identity, and if applicable, the

    individual’s status as a qualified patient, primary caregiver, or reciprocal participant.

    (2) The licensed retailer or at least one employee shall be physically present in the retail area

    at all times when individuals who are not employees of the licensed retailer are in the retail area.

    (3) All sales of cannabis goods, with the exception of cannabis goods sold through delivery,

    must take place within the retail area of the retailer’s licensed premises.

    (4) A licensed retailer shall sell and deliver cannabis goods only between the hours reported

    to the division as regular business hours.

    D. Requirements While Not Open for Business:

    (1) At any time the licensed premises is not open for retail sales, a licensed retailer shall

    ensure that:

    (a) the licensed premises is securely locked with commercial-grade, nonresidential

    door locks;

    (b) the licensed premises is equipped with an active alarm system pursuant to

    Section 10 of this rule, which shall be activated when the licensed retailer or its employees are not on the licensed

    premises; and

    (c) only employees of the licensee and other authorized individuals are allowed

    access to the licensed premises. For the purposes of this section, authorized individuals include individuals

    employed by the licensee as well as any outside vendors, contractors, or other individuals conducting business that

    requires access to the licensed premises.

    E. Commercial and medical retail customers:

    (1) Commercial sales: A licensed retailer shall only sell cannabis and cannabis products to

    individuals who are at least 21 years of age after confirming the customer’s age and identity by inspecting a valid

    form of identification provided by the customer as required by subsection B of this section.

    (2) Medical sales: A licensed retailer shall only sell cannabis and cannabis products to

    individuals who are at least 18 years of age and possess a valid qualified patient, primary caregiver, or reciprocal

    participant registry identification card from the department of health medical cannabis program, after confirming the

    customer’s age, identity, and valid registry identification.

    (3) Acceptable forms of identification include the following

    (a) a document issued by a federal, state, county, or municipal government, or a

    political subdivision or agency thereof, including, but not limited to, a valid motor vehicle operator's license, that

    contains the name, date of birth, and photo of the person;

    (b) a valid identification card issued to a member of the Armed Forces that includes

    the person’s name, date of birth, and photo of the person; or

    (c) a valid passport issued by the United States or by a foreign government.

    F. Cannabis product display:

    (1) Cannabis and cannabis products for customer inspection and sale shall only be displayed

    in the retail area.

    (2) Cannabis and cannabis products may be removed from their packaging and placed in

    containers to allow for customer inspection. The containers shall not be readily accessible to customers without

    16.8.2 NMAC 30

    assistance of retailer personnel. A container must be provided to the customer by the licensed retailer or its

    employees, who shall remain with the customer at all times that the container is being inspected by the customer.

    (3) Cannabis and cannabis products removed from their packaging for display shall not be

    sold, shall not be consumed, and shall be destroyed, pursuant to Section 15 of this rule, when the cannabis or

    cannabis products are no longer used for display.

    G. Cannabis and cannabis products for sale:

    (1) A licensed retailer shall not make any cannabis or cannabis products available for sale or

    delivery to a customer unless:

    (a) the cannabis or cannabis products were received by the retail licensee from a

    licensed producer, licensed producer microbusiness, licensed manufacturer, licensed vertically integrated cannabis

    establishment, or licensed integrated cannabis microbusiness;

    (b) the licensed retailer has verified that the cannabis or cannabis products have not

    exceeded their expiration or sell-by date if one is provided;

    (c) in the case of manufactured cannabis products, the cannabis product complies

    with all requirements of the Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act and division rules;

    (d) the cannabis or cannabis products have undergone laboratory testing as required

    by the Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act and division rules;

    (e) the packaging and labeling of the cannabis or cannabis product complies with

    Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act and division rules; and

    (f) the cannabis or cannabis product complies with all applicable requirements

    found in the Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act and division rules.

    H. Commercial and medical cannabis purchase limits and excise tax:

    (1) A licensed retailer shall not sell more than the following amounts at one time to a single

    commercial cannabis customer:

    (a) two ounces of cannabis;

    (b) 16 grams of cannabis extract;

    (c) 800 milligrams of edible cannabis; and

    (d) six immature cannabis plants.

    (2) A licensed retailer shall adhere to department of health medical cannabis rules related to

    the sale of cannabis and cannabis products to qualified individuals who are at least 18 years of age and possess a

    valid qualified patient, primary caregiver, or reciprocal participant registry identification card from the department

    of health medical cannabis program.

    (3) Pursuant to the Cannabis Tax Act, Section 7-42-2 NMSA 1978, cannabis excise tax shall

    not apply to retail sale of medical cannabis or cannabis products. Cannabis excise tax shall apply to commercial

    sales of cannabis and cannabis products.

    (4) The limits provided in Paragraph (1) and Paragraph (2) of this subsection shall not be

    combined to allow a customer to purchase cannabis or cannabis products in excess of the limits provided in this

    section.

    (5) The prohibition set forth in paragraph one above shall not prohibit the sale of different

    product types to a single customer, as long as the total amount sold does not exceed the limits set forth above.

    I. Customer Return of Cannabis Goods:

    (1) For the purposes of this subsection, “customer return” means a customer’s return of

    cannabis or cannabis products that were purchased from a licensed retailer, back to the licensed retailer the cannabis

    or cannabis products were purchased from.

    (2) A licensed retailer may accept customer returns of cannabis or cannabis products that

    were previously sold to a customer.

    (3) A licensed retailer shall not resell cannabis or cannabis products that have been returned.

    (4) A licensed retailer shall treat any cannabis or cannabis products abandoned on the

    licensed retailer premises as a customer return.

    (5) A licensed retailer shall destroy all cannabis or cannabis products that have been returned

    to the licensed retailer by a customer, pursuant to Section 15 of this rule.

    J. Free cannabis or cannabis products:

    (1) A licensed retailer shall not provide free cannabis or cannabis product(s) to any person. A

    licensed retailer shall not allow individuals who are employed or not employed by the licensed retailer to provide

    free cannabis or cannabis product(s) to any person on the licensed premises.

    (2) Notwithstanding Paragraph (1) of this section, in order to provide access to medicinal

    16.8.2 NMAC 31

    cannabis patients who have difficulty accessing medicinal cannabis or cannabis product(s), a licensee may provide

    free cannabis or cannabis product(s) if all of the following criteria are met:

    (a) free cannabis or cannabis products are provided only to a qualified patient,

    primary caregiver, or a reciprocal participant in possession of a valid registry identification card from the department

    of health medical cannabis program;

    (b) the cannabis or cannabis products comply with all applicable requirements of

    the Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act and division rules;

    (c) the cannabis or cannabis products have been properly recorded in the track and

    trace system as belonging to the licensed retailer;

    (d) the cannabis or cannabis products shall be applied toward the adequate supply

    for a medicinal cannabis customer pursuant to department of health rules;

    (e) the transaction shall be properly recorded in the licensed retailer’s inventory

    records and the track and trace system.

    K. Inventory reconciliation:

    (1) A licensed retailer shall perform a reconciliation of its inventory at least once every

    calendar month.

    (2) In conducting an inventory reconciliation, a licensed retailer shall verify that the licensed

    retailer’s physical inventory is consistent with the licensed retailer’s records pertaining to inventory.

    (3) The result of inventory reconciliation shall be retained in the licensed retailer’s records

    and shall be made available to the division upon request.

    (4) If a licensed retailer identifies any evidence of theft, diversion, or loss, the licensed

    retailer shall notify the division pursuant to Subsection N of 16.8.2.8 NMAC.

    L. Record of Sales:

    (1) A licensed retailer shall maintain an accurate record of every sale of cannabis and

    cannabis product made to a customer.

    (2) A record of cannabis or cannabis product sold to a customer shall contain the following

    minimum information:

    (a) the first name and employee number of the employee who processed the sale;

    (b) the date and time of the transaction;

    (c) a list of all the cannabis or cannabis product purchased, including the quantity

    purchased; and

    (d) the total amount paid for the sale including the individual prices paid for each

    cannabis or cannabis product purchased and any amounts paid for cannabis excise tax.

    (3) For the purposes of this section, an employee number is a distinct number assigned by a

    licensed retailer to their employees that would allow the licensed retailer to identify the employee on documents or

    records using the employee number rather than the employee’s full name. A licensed retailer shall be able to identify

    the employee associated with each employee number upon request from the division.

    (4) All licensed retailer-specific records shall be maintained for at least 12 months.

    M. Retailer premises to retailer premises transfer:

    (1) A licensee who has multiple licensed retail premises may arrange for the transfer or sale

    of cannabis or cannabis products from one licensed retail premises to another licensed retail premises if both

    licensed retail premises are held under the same ownership.

    (2) A licensee may arrange for the transfer or sale of cannabis or cannabis products to

    another cannabis retailer if both licensees properly record the transaction in the licensed retailer’s inventory records

    and the track and trace system

    (3) Cannabis or cannabis product transferred to a licensed retail premises under this

    subsection may be sold by the licensed retailer receiving the cannabis or cannabis product only if the cannabis or

    cannabis products comply with all requirements pursuant to the Cannabis Regulation Act, the Lynn and Erin

    Compassionate Use Act, and division rules.

    N. Use of licensed cannabis couriers:

    (1) A retail cannabis licensee may, consistent with this rule, and with the consent of a

    qualifying patient, primary caregiver, reciprocal participant, or an individual who is at least 21 years of age, utilize a

    license cannabis courier to deliver cannabis or cannabis products to a qualifying patient, primary caregiver,

    reciprocal participant, or an individual who is at least 21 years of age;

    (2) A retail cannabis licensee shall require a consumer making a purchase for delivery by a

    cannabis courier licensee to have the valid government-issued identification card, the consumer intendents to use to

    16.8.2 NMAC 32

    verify their age at the time of delivery, and if applicable, a medical cannabis program registry identification card,

    examined and authenticated by the retail cannabis licensee prior to the order; and

    (3) Pre-verification of the consumer’s identity shall be performed through a division

    approved electronic means, which may include a third-party technology platform, and shall include examination of a

    consumers valid, unexpired, medical cannabis identification card, if applicable, and photo identification issued by a

    federal or state government that includes the name, date of birth, and picture of the intended recipient.

    The regulations for the retail of cannabis products contain several important points that cannabis retailers must understand and comply with:

    1. Access to premises

    • Before authorization for retail sales, access to retailer premises is limited to those 18 or older with a valid medical cannabis card. After authorization, access extends to those 21 or older with valid ID and those 18 or older with a medical cannabis card.

    2. Customer access and sales

    • Customers must have their age, identity, and, if applicable, medical cannabis status verified before purchase.

    • Retailers must have a physical presence in the retail area at all times when customers are present.

    • Sales must occur within the retail area during the reported business hours.

    3. Security and product handling

    • Retailers must secure premises with commercial-grade locks and an active alarm system outside business hours.

    • Cannabis products for inspection by customers must be in containers and not directly accessible without staff assistance. Displayed products cannot be sold or consumed.

    4. Sales regulations

    • Retailers can only sell to individuals meeting age requirements and must verify identities and, if applicable, medical cannabis status.

    • All cannabis products must come from licensed sources, meet expiration and testing requirements, and comply with packaging and labeling rules.

    5. Purchase limits and taxes

    • There are specific purchase limits for commercial and medical customers, with no excise tax on medical cannabis sales. Consumers are eligible to buy 2 ounces of cannabis flower, 16 grams of concentrate, or 800 mg of edibles at a time. Medical cannabis patients are eligible to buy up 15 ounces of cannabis in any ninety (90) day period with no tax.

    • Retailers cannot combine limits to sell more than allowed.

    6. Returns and free products

    • Retailers may accept returns but cannot resell these products.

    • Free cannabis products are prohibited unless given to qualified medical patients under specific conditions.

    7. Inventory and sales records

    • Monthly inventory reconciliations are required, and any discrepancies must be reported.

    • Retailers must keep accurate sales records, including employee details, transaction times, products, and prices.

    8. Inter-premises transfers

    • Retailers with multiple premises under the same ownership can transfer products between locations.

    Click here to view the New Mexico cannabis retail facility inspection checklist.

    Cannabis marketing and advertising

    Legal reference

    ADVERTISING AND MARKETING:

    A. Required Practices. The following practices are required in all advertising and marketing

    activities:

    (1) Responsible persons. All advertisements and marketing for cannabis products shall

    accurately and legibly identify all licensees or organizations who are responsible for the proliferation of the

    advertisement or marketing activity.

    (2) Reasonable expectation of audience age. All advertisements in print and digital

    communications shall only be placed in areas where at least seventy percent of the audience is reasonably expected

    to be 21 years of age or older as determined by reliable, current audience composition data. For the purposes of this

    section, “reliable, current audience composition data” means data regarding the age and location demographics of

    the audience viewing a particular advertising or marketing medium. Immediately upon request, a licensee shall

    provide to the division audience composition data as required in this section for advertising or marketing placed by

    the licensee. If the audience composition data for advertising or marketing provided by a licensee does not comply

    with the requirements of this section, or the licensee fails to provide audience composition data to the division upon

    request, the licensee shall remove the advertising or marketing placement in question.

    (3) Statements and warnings: Any advertising or marketing materials created for viewing

    by the public shall include the statement "Please Consume Responsibly" in a conspicuous manner on the face of the

    advertisement and shall include the following warnings that must be in type size at least ten percent of the largest

    type used in the advertisement:

    (a) for use only by adults 21 and older;

    (b) keep out of reach of children;

    16.8.3 NMAC 2

    (c) this product is not approved by the FDA to treat, cure, or prevent any disease.

    FDA has not evaluated this product for safety, effectiveness, and quality;

    (d) do not drive a motor vehicle or operate machinery while under the influence of

    cannabis; and

    (e) there may be long term adverse health effects from consumption of cannabis,

    including additional risks for women who are or may become pregnant or are breastfeeding.

    B. Prohibited practices. Advertising and marketing activities of cannabis products shall not:

    (1) occur on radio, television or other broadcast media, internet pop-ups and mass transit

    vehicles. The division shall not prohibit advertising and marketing activities on these forums where:

    (a) subscribers of subscription-based radio, television or other broadcast media are

    21 years of age or older; or

    (b) persons 21 years of age or older have solicited the advertising or marketing

    activities.

    (2) be done in such a manner that is deemed to be is deceptive, misleading, false or

    fraudulent, or that tends to deceive or create a misleading impression, whether directly or by omission or ambiguity;

    (3) make unproven health benefit claims and any health benefit claims must be supported by

    substantial evidence or substantial clinical data;

    (4) be on billboards, posters, handbills or other visual media that are located or can be

    viewed within 300 feet of a school, daycare center or church;

    (5) contain symbols or images, including a celebrity or celebrity likeness, that are commonly

    used to market products to minors;

    (6) use predatory marketing or advertising practices targeting minors; and

    (7) be designed to mimic any other product brand;

    (8) promote the over consumption of cannabis or cannabis products; or

    (9) depict the actual consumption of cannabis or cannabis products.

    C. Branding. “Branding” means promotion of a cannabis establishment’s brand through publicizing

    the cannabis establishment’s name, logo, or distinct design feature of the brand.

    (1) Branding shall not be designed to be appealing to a child and shall not contain:

    (a) cartoons;

    (b) a design, brand or name that resembles a non-cannabis consumer product of the

    type that is typically marketed to minors;

    (c) contain symbols or images, including a celebrity or celebrity likeness, that are

    commonly used to market products to minors.

    (2) Branding is not considered a marketing or advertising activity.

    (3) Branding is allowed without the required warnings and statements for advertising and

    marketing of cannabis establishments.

    New Mexico has specific rules for the advertising and marketing of cannabis products.

    Required practices for cannabis advertising and marketing:

    • All advertisements and marketing materials must clearly identify the licensees or organizations responsible for them.

    • Advertisements must only be placed where at least 70% of the audience is expected to be 21 years or older, based on reliable and current data. Licensees must provide audience composition data upon request and comply with regulations or remove non-compliant advertisements.

    • Advertisements must include the phrase "Please Consume Responsibly" and warnings about age restrictions, potential health risks, the lack of FDA approval, dangers of operating machinery while under the influence, and specific risks to pregnant or breastfeeding women. These warnings must be visible and in a font size that is at least 10% of the largest font used in the advertisement.

    Prohibited practices:

    • Advertising on radio, television, internet pop-ups, and mass transit vehicles is generally prohibited, except under specific conditions where the audience is known to be 21 or older.

    • Advertisements must not be deceptive, misleading, false, or fraudulent.

    • Advertisements cannot make unproven health benefit claims. Any health claims must be backed by substantial evidence or clinical data.

    • No advertisements within 300 feet of schools, daycare centers, or churches.

    • Advertisements must not use symbols, images, or celebrity likenesses that appeal to minors, nor should they mimic non-cannabis products marketed to minors.

    • Advertisements must not target minors, promote overconsumption, or depict the actual consumption of cannabis products.

    Branding guidelines:

    • Branding should not appeal to children and must avoid cartoons, designs similar to non-cannabis products marketed to minors, or symbols/images that appeal to minors.

    • Branding, which includes promoting a cannabis establishment's name, logo, or design, is not considered advertising or marketing and does not require the inclusion of warnings and statements. However, it must still not appeal to minors.

      Medical cannabis overview

      Legal reference

      According to Senate Bill 406, medical marijuana patients issued registry identification cards under the New Mexico medical cannabis program may purchase marijuana products from licensed dispensaries. Also, registered caregivers may obtain cannabis products from registered medical marijuana dispensaries on behalf of their patients. The qualifying health conditions for medical marijuana treatment in New Mexico include:

      Multiple sclerosis

      Lewy body disease

      Friedreich's ataxia

      Cancer

      Glaucoma

      Spinal cord nervous tissue damage

      Seizure disorder

      HIV/AIDS

      Amyotrophic lateral sclerosis (ALS)

      Crohn's disease

      Huntington's disease

      Hepatitis C

      Inclusion body myositis

      Inflammatory autoimmune-mediated arthritis

      Intractable nausea

      Obstructive sleep apnea

      Painful peripheral neuropathy

      Post-traumatic stress disorder (PTSD)

      Parkinson's disease

      Severe chronic pain

      Severe anorexia

      Cachexia

      Spasmodic torticollis

      Opioid use disorder

      Spinal muscular atrophy

      Ulcerative colitis

      Qualifying conditions for medical marijuana patients

      According to Senate Bill 406, medical marijuana patients can purchase cannabis products from licensed dispensaries. Registered caregivers can also obtain cannabis products from dispensaries on behalf of their patients.

      The qualifying health conditions for medical marijuana in New Mexico include:

      • Multiple sclerosis
      • Lewy body disease
      • Friedreich's ataxia
      • Cancer
      • Glaucoma
      • Spinal cord nervous tissue damage
      • Seizure disorder
      • HIV/AIDS
      • Amyotrophic lateral sclerosis (ALS)
      • Crohn's disease
      • Huntington's disease
      • Hepatitis C
      • Inclusion body myositis
      • Inflammatory autoimmune-mediated arthritis
      • Intractable nausea
      • Obstructive sleep apnea
      • Painful peripheral neuropathy
      • Post-traumatic stress disorder (PTSD)
      • Parkinson's disease
      • Severe chronic pain
      • Severe anorexia
      • Cachexia
      • Spasmodic torticollis
      • Opioid use disorder
      • Spinal muscular atrophy
      • Ulcerative colitis

      Applying for a medical card

      New Mexico medical marijuana identification cards are free. Applications for medical cannabis cards can only be made online since the program stopped accepting paper Applications in April 2023. Qualifying patients are also allowed to obtain medical marijuana certifications from their medical providers via telemedicine.

      New Mexico cannabis laws FAQs

      Is marijuana legal in New Mexico?

      Both adult use and medical cannabis are legal in New Mexico following the passage of HB 2, also called the Cannabis Regulation Act, in March 2021. The bill was signed into effect by Governor Michelle Lujan Grisham in April 2021 to legalize and regulate the use of cannabis for adults aged 21 and older.

      Lawmakers also created the Cannabis Control Division, which is overseen by the New Mexico Regulation and Licensing Division.

      How much is cannabis taxed in New Mexico?

      Adult-use cannabis purchases in New Mexico will include a 12% excise tax on top of the regular 8% sales tax. Starting in 2025, the excise tax rate will go up 1% each year until it reaches 18% in 2030.

      Medical marijuana products are exempt from tax.

      How much weed can I buy in New Mexico?

      Consumers are eligible to buy up to the following at one time:

      • 2 ounces of cannabis flower

      • 16 grams of concentrate

      • 800 mg of edibles

      There is no monthly or weekly limit on these purchases and possession is unlimited at home, provided all cannabis product is stored where it is not visible from a public space.

      Medical cannabis patients are eligible to buy up to the following in any ninety (90) day period with no tax:

      • Up to 15 ounces (425 units) of cannabis

      • Once 15 ounces in 90 days are reached

      Any additional purchases can be made through adult use transactions.

      Note: Public possession of more than 8 ounces of cannabis is a felony.

      Can you grow marijuana in New Mexico?

      According to New Mexico state law, registered medical marijuana patients with personal production licenses can grow up to four mature plants and 12 cannabis plant seedlings for personal use.

      Medical marijuana law in the state also allows caregivers to obtain personal production licenses to cultivate cannabis plants on behalf of registered medical marijuana patients in the state.

      Is Flowhub compliant with New Mexico cannabis regulations for dispensaries?

      Yes! Flowhub is fully compliant and integrated with BioTrack with built in capabilities for the state of New Mexico.

      Disclaimer: The material contained on this website and any attached or referenced pages has been compiled by Flowhub for informational purposes only. It is not intended to be and is not considered to be legal advice. This post is current as of 3/18/2024. Cannabis regulations are rapidly changing, and legal advice of any nature should be sought from legal counsel.

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