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Federal and individual state laws regulate consuming and growing weed in the United States, so you may wonder if weed is legal in New Mexico.
New Mexico has some of the most lenient cannabis laws in the entire country but there are a few restrictions and limits that you should be aware of.
In this handy cannabis law guide, we find out more about the legal status of weed in the state of New Mexico.
Is Weed Legal In New Mexico?
Yes, both recreational marijuana and medical cannabis are legal in New Mexico, as long as you are 21 years of age or older.
You can possess and use up to 2 ounces of cannabis or 16 g of concentrated cannabis legally in New Mexico.
New Mexico laws also state that marijuana users can purchase and consume up to 800 mg of edibles.
Cannabis growers can cultivate up to six mature or immature cannabis plants at home. However, the law only allows a maximum of 12 mature plants per residence.
How Much Cannabis Can You Have In New Mexico?
While cannabis laws in New Mexico are much more relaxed than in many other parts of the US, the state still limits the cannabis amounts you are allowed to have.
You can possess up to 2 ounces of weed or up to 16 g of cannabis extract. You can also legally have 800 mg of edible cannabis products on you.
If you are caught with more than these amounts, then you may face a fine or criminal charges, depending on the excess amount.
That’s why it is a good idea to keep your weed supply in a private place or at home.
Prohibited Use And Penalties
If you are caught in possession of more than 2 ounces of cannabis, 16 to 65 g of cannabis extract or 800 to 3,299 mg of edibles, then you can expect jail time for up to one year.
If you have more than these amounts, then you may face a felony and longer imprisonment.
Smoking and using cannabis in public places, including national parks, is punishable with a fine of up to $50.
If you are under the age of 21 carrying and consuming cannabis, then you face a penalty of four hours of community service. You may also have to join a drug education program.
The same applies to people who provide cannabis or cannabis products to persons underage. They may also face a fine.
Just like in other US states, you are not allowed to drive under the influence of cannabis and you are not permitted to sell cannabis products across state lines.
Generally, penalties and offenses are considered less severe for people under the age of 21. Penalties for minors include community service or education programs.
Where In New Mexico Can You Legally Use Weed?
You can legally consume marijuana in your own home as long as you own the property or have consent from the property owner.
As the use of cannabis is prohibited by federal law, you are not allowed to consume weed in places accessible to the public, including schools, parks and other public places.
It is also important to remember that the use of marijuana is also forbidden on federal territory, including official government buildings and national parks.
If you exceed the legal amount and get caught with cannabis outside of your own home, police can issue a fine or charge you with a felony. Plus, your cannabis can be confiscated.
Outside of your home, you may also consume cannabis at licensed premises as long as cannabis retail stores have an on-site consumption permit.
Where Can You Buy Weed In New Mexico?
Retail sales of cannabis in New Mexico were made legal in 2022.
This means that businesses can apply for a license to sell cannabis products in their retail stores, convenience stores or online.
There are no fixed limits on how many retail licenses New Mexico can issue. However, individual counties can control the number of dispensaries.
In addition, you can also buy cannabis products if you need to consume cannabis for medical reasons.
Then you need to be part of a medical cannabis program and you are permitted to purchase cannabis at a licensed dispensary.
Taxation Of Cannabis Products
From July 2025, the state of New Mexico applies a cannabis excise tax of 12% that is added to all retail sales of cannabis products.
This tax increased each year until 2030, with a maximum of 18%.
The tax doesn’t apply to sales to caregivers, registered patients and visiting patients from other US states.
The state will give one-third of the tax revenue to the municipality where the individual sales were made and another third goes to the county of the sale. The rest stays with the state.
The overall taxes received only apply to adult-use cannabis products, with the exclusion of medical cannabis.
Can You Grow Cannabis In New Mexico?
Yes, you can grow up to six immature cannabis plants or six mature weed plants in your own home.
However, there can only be a maximum of 12 cannabis plants in one residence with multiple inhabitants.
It is important to keep in mind that you can only use the weed for yourself. If you sell marijuana without a license, then this is illegal and can be punished with a felony.
Plus, you also need to keep to a maximum of 12 plants. If you exceed this amount, then you may face a fine or jail time.
New Mexico cannabis laws also allow people older than 21 years of age to produce cannabis or hemp extracts and edibles.
New Mexico has some of the most flexible cannabis laws in the United States. You can possess, use and grow a relatively large amount of marijuana compared to other US states.
This being said, it is important to check the maximum amounts you are allowed to consume and carry with you in New Mexico.
Learn more about weed laws in the Southwest and legal status of cannabis in neighboring states.
- Is weed legal in Arizona?
- Is weed legal in Colorado?
- Is weed legal in Oklahoma?
- Is weed legal in Texas?
- Is weed legal in Utah?
- Is weed illegal in Mexico?
I’m an avid gardener and cannabis enthusiast. You can usually find me in my garden caring for my plants or at my computer crafting helpful blogs for my readers.