Weed has been legal in New Mexico since 2021. If you enjoy Nature’s favorite plant and you’re planning a visit to the Land of Enchantment, you’re in luck – it’s a weed-friendly destination.
Here’s what you need to know about cannabis in New Mexico.
How much cannabis you can buy at a dispensary in NM?
Adults over the age of 21 can “purchase, possess, consume, and give away to other adults” up to two (2) ounces of cannabis flower, 16 grams of concentrate, and 800 mg of edibles.
What makes New Mexico cannabis-friendly is that, unlike other states, they didn’t roll possession limits into one category of “flower or equivalent.” Instead, they broke down possession limits by product type.
Not only can you buy up to two ounces at once, you can also buy up to 16 grams of concentrate and 800 mg of edibles – which is a hell of a lot of weed.
Where can I smoke weed in New Mexico?
Legally, you can smoke weed in private residences and “non-residential consumption sites.” There are a variety of consumption sites throughout New Mexico, often attached to a dispensary so you can smoke where you buy.
You cannot legally smoke in public places in New Mexico, like parks. However, given the “live and let live” attitude of this state, you likely won’t have problems lighting up on the sidewalk or while you’re walking around. Just be considerate – don’t light up in front of churches, daycares, or hospitals.
Are the rules different for medical cannabis patients?
Yes, the rules for legal weed are different for medical marijuana patients in New Mexico, where medical marijuana has been legal since 2007.
Licensed patients (or their licensed caregivers) can buy up to 15 ounces of cannabis flower at once. Medical patients also do not have to pay sales tax on their weed (at least until they meet their 15-ounce limit.)
Does New Mexico have medical marijuana reciprocity?
Yes! Licensed medical marijuana patients from out of state can use their cards in New Mexico. Patients must register at a dispensary and buy products in-state.
How much is the tax on New Mexico’s legal cannabis?
New Mexico has a steep tax structure on legal weed. According to New Mexico State Cannabis Laws:
“Cannabis purchases in New Mexico will include a 12% excise tax on top of the regular 8% sales tax. Starting in 2025, the excise tax rate will go up 1% each year until it reaches 18% in 2030.”
Right now in 2024, taxes on weed in New Mexico are 20%. In 2030, they’ll max out at 24% – ouch.
Medical marijuana patients are exempt from paying taxes on medical cannabis.
How many dispensaries are in New Mexico?
As of October 1, 2024, there were 1,006 dispensaries in New Mexico. And if you think that’s a lot for a state with a population of 2.3 million, you’d be correct. Just five months into legal cannabis sales, there were 22 dispensaries per 100,00 state residents – 30% more than neighboring Colorado where weed has been legal for over a decade. Today, there is a staggaring 44 dispensaries per 100,000 residents.
The cost of getting licensed in New Mexico is much lower than in other states, and the governing body did not put a cap on licenses. This has led to a perfect storm of an over-served market. There are plenty of dispensaries throughout Albuquerque, Santa Fe, Espanola, and Taos, but you can expect to see some of them shutting down in the months to come simply due to too much competition.
How many consumption lounges are in New Mexico?
As of October 1, 2024, there were just 28 licensed consumption areas.
FAQs on Cannabis in New Mexico
Can you smoke weed in your car?
Legally, no. You can have weed in your car, but you cannot smoke weed in your car in New Mexico. But New Mexicans have a “live and let live” attitude that usually means if you mind your business and don’t act like a jackass in front of law enforcement, you’ll be okay. (This is not legal advice.)
Can you smoke weed in public in New Mexico?
Technically, no it is not legal to smoke weed in public in New Mexico, only in your home or a designated consumption area. But like I said above, there is a “live and let live” attitude in this state that means as long as you’re not being a jackass, you’ll likely be fine. (Again, not legal advice.)
Are there any restrictions on growing cannabis at home in New Mexico?
New Mexico allows home grow of cannabis. An adult can have up to 12 cannabis plants growing at once, with 6 “immature” and 6 “mature” plants.
What are the laws regarding cannabis possession in public?
You are allowed to possess up to two ounces of cannabis flower, 16 grams of concentrate, and 800 mg of edibles in public in New Mexico.
Can you use cannabis in hotels or rental properties?
It depends on where you stay. New Mexico still has smoker-friendly hotels where cigarettes are allowed, but cannabis is hit or miss.
If you want a weed-friendly rental property, look for “420-friendly” in the listings – or check out the listings on HiBNB and Bud and Breakfast, two platforms dedicated to weed-friendly vacation rentals.
What happens if you get caught with weed in NM?
You’re allowed to have a lot of weed in New Mexico legally – up to two ounces of flower, 16 grams of concentrate, and 800 mg of edibles. However, it is still a felony to possess more than 8 ounces of cannabis, personally.
Can you travel with cannabis in New Mexico?
You are allowed to travel with cannabis throughout New Mexico by train, car, or bus. You are not allowed to fly with cannabis in, out, or around New Mexico per federal regulations.
Where is weed legal in NM?
Everywhere! Weed has been legal in New Mexico since 2021 in all towns, cities, and Pueblos.
So, roll one up, relax, and enjoy the ride. The green wave in New Mexico is just getting started!
Great overview of New Mexico’s cannabis laws! The state’s clear distinction between flower, concentrates, and edibles is a smart move. For anyone interested in Delta 8 products, you can find a variety at Delta 8 Wholesale.
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