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New Mexico Marijuana Law

For the most part, state marijuana laws still prohibit marijuana possession and sale in New Mexico, with penalties depending on the amount of pot involved, the location of the sale, and the criminal history of the seller. New Mexico does allow patients suffering from debilitating medical conditions to use marijuana to alleviate symptoms.

Senate Bill 523(71 KB) "The Lynn and Erin Compassionate Use Act"
Approved: Mar. 13, 2007 by House, 36-31; by Senate, 32-3
Effective: July 1, 2007

Removes state-level criminal penalties.

Possession/Cultivation: Patients have the right to possess up to six ounces of usable cannabis, four mature plants and 12 seedlings. Usable cannabis is defined as dried leaves and flowers; it does not include seeds, stalks or roots. A primary caregiver may provide services to a maximum of four qualified patients under the Medical Cannabis Program.

New Mexico Department of Health
Medical Cannabis Program
1190 Saint Francis Drive Suite S-3400
Santa Fe, NM 87502
Phone: 505-827-2321


NM Medical Cannabis Program

Code Section

New Mexico Statutes 30-31-1, et seq.: Controlled Substances

New Mexico Statutes 26-2B-1, et seq.: Lynn and Erin Compassionate Use act


Under 1 oz.: petty misdemeanor, 15 days and $50-$100;

1-8 oz.: misdemeanor, 1 yr. and $100-$1000;

Over 8 oz.: 4th degree felony;

Subsequent offense: Under 1 oz.: misdemeanor, 1 yr., $100-$1000

Exceptions: A qualified patient or patient’s caregiver shall not be subject to arrest, prosecution or penalty in any manner for the possession of or the medical use of cannabis if the quantity of cannabis does not exceed an adequate supply.


4th degree felony;

If over 100 lbs., 3rd degree felony;

Subsequent offense: 3rd degree felony;

If over 100 lbs.: 2nd degree felony;

Higher penalties if in drug-free school zone




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