FAQs – Cannabis in New Mexico

No, dispensaries cannot collect or track a customer’s personal information to report to any external organizations, including state or federal entities, per the Cannabis Regulation Act, 26-2C-6(H) NMSA 1978. A dispensary may offer to all customers memberships for loyalty programs to their individual business but must obtain written consent from the customer to have the retailer retain their information. All information given to the dispensary can only be used internally for loyalty reward purposes only.

A medical cannabis sale is a transaction to a medical cannabis patient who possesses a valid qualified patient, primary caregiver, or reciprocal participant registry identification card. Sales to a medical cannabis patient are not subject to state taxes until they reach their approved purchase limits, after which a medical patient who wishes to make additional purchases will then be subject to state taxes. Individuals who are under 21 years of age may apply as either as a patient or as a primary caregiver to the medical cannabis program with the approval of a licensed medical professional.

Adult-use cannabis sales are transactions to anyone 21 and older after confirming the customer’s age and identity from an active, valid form of identification. Adult-use purchases are subject to state taxes. There is no monthly limit to the amount of adult-use cannabis an eligible buyer can purchase, but there are one-time purchase limits.

Yes. Adult-use cannabis consumers cannot purchase, or have on their person, more than either of the total amounts of the individual categories or total cumulative amount the following at one time:

• 2 ounces of cannabis,
• 16 grams of concentrate,
• 800 milligrams of edibles,
• 6 immature cannabis plants

There is no limit to the number of transactions a consumer can make in one day. There is also no weekly or monthly limit for adult-use consumers.

Medical patients can purchase up to 15 ounces (425 units) of cannabis flower and 50mg THC edibles per serving.

Yes, at the discretion of each private dispensary; a state-issued Mobile ID by use of an ISO 18013-5 compliant reader to verify the consumer’s age is a compliant method of age verification.

PLEASE NOTE: It is up to each licensee to determine what method(s) they use to verify age in order stay compliant with relevant laws. Licensees are not required to accept Mobile IDs or utilize the NM Verifier app or other mobile verification apps; it is simply an option as the adoption of Mobile IDs continues to grow. Licensees are reminded to never sell cannabis products to individuals under the legal age.

Yes. Once a medical patient has reached their monthly medicine limit, they can purchase adult-use products, however, they will pay taxes on those products and will be limited to adult-use purchase limits.

No. The minimum age allowed for a customer to enter a retail cannabis facility is 18 so long as they have a copy of their active, valid medical cannabis patient identification card and an active, valid government issued form of identification. Anyone under this age, including infants in carriers with their parent or guardian, cannot be on cannabis premises.

All cannabis consumption (smoking, vaping, eating, etc.) must be done either in your private residence or at a licensed consumption lounge. It is illegal to use cannabis or cannabis products while driving or while in public spaces (restaurants, parks, public sidewalks, etc.). If cited for public use of cannabis, you are subject to up to a $50 fine.

All personal use cannabis should be stored in an area that is not in public view and out of reach of children and pets. Parents may be subject to criminal liability if a child accidently consumes cannabis.

Effective January 1, 2020, the Criminal Records Expungement Act, Sections 29-3A-1 through -9 NMSA 1978, took effect. This Act allows a qualifying individual to petition a court for expungement of a number of criminal and related public records, including marijuana-related records. For more information about this process, please visit the New Mexico Courts website:

https://lawlibrary.nmcourts.gov/expungement/

The Department of Health (DOH) issues medical cannabis cards exclusively. You may contact them at 505-827-2321 or email at medical.cannabis@doh.nm.gov.

The Cannabis Regulatory Advisory Committee (C-RAC) is an advisory group established under the Cannabis Regulation Act. The appointed members discuss and make recommendations to the Division on the development of rules, including best practices and the promotion of economic and cultural diversity in licensing and employment opportunities, and protection of public health and safety while ensuring a regulated environment for commercial cannabis activity that does not impose unreasonable barriers that would perpetuate, rather than reduce and eliminate, the illicit market cannabis.

The C-RAC meets regularly throughout the year or at the request of the Superintendent. The committee is subject to the Open Meetings Act, meaning that all members of the public are welcome to attend the meetings, either in person or via livestream.

The minimum age one can be to work in the New Mexico cannabis industry is 21 years of age or older. No licensee or employee can be below the age of 21, even if they are in the medical cannabis program. This limit was set by the Cannabis Regulation Act (CRA).