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New Mexico Marijuana Law

Updated July 26, 2024

*Legal Disclaimer

Current Status: Medical

New Mexico became the 5th state to legalize marijuana for recreational use on April 12, 2021. This came after a legislative session where lawmakers passed the Cannabis Regulation Act, which allows adults over the age of 21 to possess and grow their own marijuana.

Public Consumption Laws

While marijuana is now legal in New Mexico, public consumption is still prohibited. This means that individuals cannot smoke or consume marijuana in any form in public spaces such as parks, sidewalks, or streets. Violations of this law can result in fines and potential legal consequences.

Cannabis DUI Laws

It is illegal to drive under the influence of marijuana in New Mexico. Individuals caught driving under the influence of marijuana can face similar consequences to those who drive under the influence of alcohol, such as fines, license suspension, and potential jail time.

Cultivation Laws

Under the Cannabis Regulation Act, adults can legally grow up to six mature cannabis plants at home for personal use. However, individuals are required to take precautions to ensure that minors do not have access to the marijuana plants.

Possession Laws

Adults over the age of 21 can legally possess up to two ounces of marijuana or 16 grams of cannabis extract. Possession of larger amounts can result in fines and possible legal consequences.

  • In 2007, Medical marijuana was legalized.
  • In 2019, Governor Michelle Lujan Grisham signed Senate Bill 323 into law, which decriminalized possession of small amounts of marijuana.
  • In 2020, House Bill 356 was introduced to legalize recreational marijuana but did not pass through the legislature.
  • In 2021, House Bill 12 and Senate Bill 2 were both introduced to legalize recreational marijuana. These bills were later combined and passed as the Cannabis Regulation Act.
  • On April 12, 2021, Governor Michelle Lujan Grisham signed the Cannabis Regulation Act into law, legalizing recreational marijuana in New Mexico.

*The information provided in this communication is for general informational purposes only and does not constitute legal advice. For legal advice specific to your situation, please consult a licensed attorney.

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