Medical Marijuana

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New Mexico Medical Marijuana Law

In New Mexico, marijuana for adult use has been legal for over 15 years. Patients receive cards from the Medical Cannabis Program (MCP), which is governed by the New Mexico Department of Health and controls cultivators and sets rules for the industry.

Over 130,000 New Mexicans had active medical marijuana cards as of July 2022. A valid medical marijuana card entitles you to purchase more cannabis when visiting a dispensary, grow more cannabis, and legally possess more cannabis than recreational users.

Medical marijuana might be able to help if you’re experiencing a chronic physical or mental condition that interferes with your ability to enjoy life and go about your daily activities. You can choose the best course of treatment if you have a thorough understanding of the regulations governing cannabis use and possession.

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New Mexico Medical Marijuana Law History

The Lynn and Erin Compassionate Use Act (SB-523) was passed by the New Mexico legislature in 2007, enabling qualified patients to possess up to six ounces of adult-use cannabis and grow up to four mature cannabis plants.

Over the following two years, the DOH will draft rules and guidelines for producers, distributors, and retailers of medical marijuana. In 2010, the first dispensary for medical marijuana opened. As a result of the state’s strong sales, more dispensaries were established.

Patients enthusiastically reacted and reported success using cannabis in treatment, similar to many state medical marijuana programs. Over the following ten years, New Mexico expanded the program and added more eligibility requirements in response to the rise in cannabis sales and use. It was the first state to recognize PTSD as an acceptable diagnosis for cannabis-based treatment.

The biggest expansions occurred in 2019. SB-406 improved patient rights, permitted students to use cannabis for medical purposes in schools, provided cardholders with employment protections, and in some circumstances exempted them from criminal and civil liability. Additionally, the bill expanded registered patients’ access to civil rights protection in child custody disputes.

Marijuana Possession Laws in New Mexico

Residents of New Mexico who are over 21 who wish to purchase or possess up to two ounces of dried cannabis, 16 grams of cannabis extract, or up to 800 milligrams of edible cannabis may do so under the terms of the Cannabis Regulation Act.

Holders of medical cards are permitted by state law to buy and possess up to 15 ounces of dried marijuana each rolling 90-day period, or an equivalent quantity of extract and edibles. Without a card, having more than eight ounces of cannabis is a felony punishable by up to 18 months in jail and a $5,000 fine.

New Mexico Public Consumption Laws

The cannabis laws in New Mexico prohibit police from detaining or stopping people based solely on the smell of marijuana. Public consumption is still prohibited, though. Cannabis use is permitted in designated public spaces, on private property, and away from prying eyes. The use of cannabis on dispensaries’ property is also permitted.

You are not permitted to use medical marijuana at work. Marijuana use is prohibited in private establishments and on private property. Cannabis use is also prohibited by federal law in federal buildings and national parks.

New Mexico Cannabis DUI Laws

Even if you have a medical marijuana card, it is illegal to drive while under the influence of marijuana. There is no THC cap set by law. The DWI law in New Mexico applies to violations. The penalty for a first offense is up to nine days in jail and a $500 fine.

Violators are required to participate in a driver rehabilitation program and perform at least 24 hours of community service. The minimum penalties for subsequent offenses increase up to license revocation and three years in prison.

Applying for a New Mexico Medical Marijuana Card?

One of the 28 qualifying conditions recognized by New Mexico is required in order to apply for a medical marijuana card, and you also need a certification from a physician authorized to prescribe controlled substances in New Mexico.

Then, you can submit a free online or paper application for a medical marijuana card. The MCP processes applications and issues approvals or denials in up to 30 days.

You should apply for a card if you think you have a condition that qualifies and would benefit from medical marijuana. You will be granted a higher cannabis possession limit, be exempt from use taxes that are levied on purchases made for personal use, and enjoy broader civil rights and employment protections than recreational users.

The Sanctuary can go over the conditions that make a patient eligible for a card, clarify the application requirements, and offer guidance on how to put together the strongest application. We collaborate with a network of medical marijuana doctors who can evaluate your condition, go over the advantages and disadvantages of medical cannabis, and certify you during a telehealth visit.

Frequently Asked Questions

Yes. Sales of medical marijuana for recreational use started in April 2022. They are limited to two ounces of dried cannabis or its equivalent and are subject to a 12% excise tax.

A cardholder may buy 15 ounces of dried cannabis or its equivalent every 90 days and is exempt from the excise tax. Holders of medical cards can buy marijuana for personal use as well.

Flowers, edibles, and cannabis extract are all acceptable forms of personal possession. Topical preparations like gels and creams, tinctures, and capsules are available in dispensaries.

You must be a registered caregiver in order to buy or possess medical marijuana for someone else. Cannabis in excess of 15 ounces is prohibited from possession.

To make possession restrictions simpler, New Mexico uses a patient unit system. Your purchases are tracked electronically by the dispensary to make sure you don’t buy more than 425 patient units or 15 ounces of dried cannabis in a rolling 90-day period.

According to the conversion system, one patient unit is equal to one gram of flower or 0.2 milligrams of THC in an edible, tincture, oil, or topical.

Yes. The laws of New Mexico’s program allow anyone with an out-of-state cannabis card to legally purchase and possess marijuana. You must provide a government-issued photo ID as well as a card or physical document demonstrating your enrollment in a medical cannabis program.

You must register for a reciprocal ID number at your initial dispensary visit in order to keep track of your New Mexico purchases.

Yes. Convicted felons are not prohibited from enrolling as medical marijuana patients in New Mexico.