Doña Ana County Cannabis – Is It Legal & Where To Buy 2024

Is Cannabis Cultivation Legal in Doña Ana County?

Medical and recreational cannabis cultivation in Doña Ana County and the rest of the State of New Mexico is legal by virtue of the Cannabis Regulation Act (HB 2), which was passed by the State Legislature in April 2021.

HB 2 allows adults aged 21 and older to cultivate at home for personal use only a maximum of 6 mature and 6 immature cannabis plants. One household cannot have more than 12 cannabis plants in total no matter how many adults reside there. These must not be accessed by any minors. It is prohibited to sell personally cultivated cannabis.

For the commercial cultivation of medical and recreational cannabis, businesses are required to apply for a license from the Cannabis Control Division which handles the Commercial Cannabis Program under the New Mexico Regulation and Licensing Department (NMRLD). All cannabis businesses, including cultivators, are also required to get a Cannabis Excise Tax account by registering with the New Mexico Taxation and Revenue Department (NMTRD).

The licenses that include the authority to cultivate cannabis are:

• The cannabis producer license

• The cannabis producer microbusiness license

• The vertically integrated cannabis establishment license

• The integrated cannabis microbusiness license

The cannabis producer license allows the holder to grow up to 8,000 plants. There is an annual license fee of $2,500 and an additional $1,000 for every licensed cultivation facility. There is also an annual fee of $5 for every mature cannabis plant meant for commercial use and $2.50 for every mature cannabis plant meant for medical use.

The cannabis producer microbusiness licensee is allowed to grow up to 200 mature cannabis plants at just one cultivation facility. The annual fees are based on the number of plants grown, at $500 yearly for up to 100 plants or $1,000 yearly for 101 to 200 plants.

The vertically integrated cannabis establishment licensee is authorized to not only cultivate up to 8,000 cannabis plants but also to be a manufacturer, retailer, and courier. There is an annual license fee of $7,500 and an additional $1,000 for every licensed facility. There is also an annual fee of $5 for every mature cannabis plant intended for commercial use and $2.50 for every mature cannabis plant intended for medical use.

The integrated cannabis microbusiness licensee is authorized to undertake any of these activities jointly:

• Grow cannabis plants in just one cultivation facility, with up to 200 of them mature

• Undertake cannabis product processing in just one manufacturing facility

• Sell and deliver the cannabis and cannabis products it cultivates and manufactures

• Run just one retail facility

• Provide courier services for cannabis and cannabis products for patients, caregivers, and consumers aged 21 and older

The annual fees are based on the number of activities a licensee registers for, as follows:

• Two activities: $1,000 yearly

• Three activities: $1,500 yearly

• Four activities: $2,000 yearly

• Five activities: $2,500 yearly

In Doña Ana County, Ordinance No. 324-2021 further mandates that all types of cannabis establishments must comply with zoning regulations, all relevant ordinances, and the life safety, fire, and building codes. All cannabis establishments must be more than 300 feet from a daycare center or a K-to-12 school.

Licensed cannabis cultivation facilities must be indoors. They are required to implement an efficient air filtration and HVAC system to prevent the emission of toxic or malodorous gases.

Is Cannabis Manufacturing Legal in Doña Ana County?

Medical and recreational cannabis product manufacturing in Doña Ana County and the entire State of New Mexico is legal as stipulated by HB 2. To commercially manufacture medical and recreational cannabis, a business must likewise apply for the appropriate license from the NMRLD’s Cannabis Control Division and obtain a Cannabis Excise Tax account from the NMTRD.

The licenses that authorize the manufacturing of cannabis are:

• The cannabis manufacturer license

• The vertically integrated cannabis establishment license

• The integrated cannabis microbusiness license

The last two have already been previously discussed. The cannabis manufacturer license has an annual license fee of $2,500 with an additional $1,000 for every licensed manufacturing facility.

In Doña Ana County, all cannabis establishments must abide by the location regulations of Ordinance No. 324-2021, all other applicable ordinances, and the building, fire, and life safety codes. Licensed cannabis manufacturing facilities, like cultivation facilities, must be indoors and must establish systems to filter the air to prevent toxic or foul-smelling emissions.

Is Cannabis Retail Legal in Doña Ana County?

The retail selling of medical and recreational cannabis in Doña Ana County and the whole of the State of New Mexico is legal as mandated by HB 2. To do so, a business must also apply for the proper license from the Cannabis Control Division of the NMRLD and then acquire from the NMTRD a Cannabis Excise Tax account.

The licenses that govern the retail selling of medical and recreational cannabis are:

• The cannabis retailer license

• The vertically integrated cannabis establishment license

• The integrated cannabis microbusiness license

The latter two have already been addressed earlier. The cannabis retailer license fees are similar to those of the cannabis producer and manufacturer licenses, at $2,500 annually and an additional $1,000 for every licensed retail facility.

All cannabis establishments in Doña Ana County must comply with its Ordinance No. 324-2021 on zoning and distance to schools and childcare facilities, as well as other pertinent ordinances, and the fire, building, and life safety codes.

Cannabis retailers, specifically, must be more than 300 feet from a residential area or another licensed cannabis retail facility. Cannabis retailers can only sell cannabis for consumption elsewhere from 7 a.m. to midnight. However, if the licensed retailer holds a separate license to have a consumption area, this can sell cannabis for on-site consumption from 7 a.m. to 2 a.m.

Throughout New Mexico, there are purchasing regulations for recreational and medical cannabis. Adults aged 21 and older can only purchase from a licensed retailer during one transaction two ounces of cannabis, 16 grams of cannabis concentrate, and 800 milligrams of edibles. While there is no limit to how many times they can buy from a licensed retailer, they must know that this is also the limit to how much they can carry in public. If they wish to buy again, they must first leave what they had previously purchased at home. There is no limit on how much they can store at home. Recreational cannabis is limited to 10 milligrams of tetrahydrocannabinol (THC) per serving and one package can only contain a maximum of 100 milligrams. All purchases of recreational cannabis are subject to sales tax.

Patients and caregivers who are medical marijuana cardholders can purchase up to 15 ounces of medical cannabis tax-free every 90 days. For medical cannabis, each serving can contain up to 50 milligrams of THC and packages do not have limits on how many servings they contain. If patients wish to purchase more and are aged 21 or older, they may purchase recreational cannabis and pay the required taxes on the excess.

Is Cannabis Delivery Legal in Doña Ana County?

The delivery of cannabis from licensed retailers to adults aged 21 and older and medical cannabis cardholding patients and caregivers in Doña Ana County and other counties of New Mexico is legal in compliance with HB 2. However, this entails a separate cannabis courier license from the NMRLD’s Cannabis Control Division and also a Cannabis Excise Tax account from the NMTRD.

The delivery of medical and recreational cannabis is covered by the following licenses:

• The cannabis courier license

• The vertically integrated cannabis establishment license

• The integrated cannabis microbusiness license

The cannabis courier license has an annual license fee of $250 with an additional $100 for every licensed delivery facility.

In Doña Ana County, like all other cannabis establishments, they are required to be compliant with zoning and other location guidelines of Ordinance No. 324-2021, other appropriate ordinances, and the life safety, fire, and building codes.

How to Get a Medical Marijuana Card in Doña Ana County

New Mexico provides only an electronic medical marijuana card. There are two ways for patients and caregivers to get the electronic medical marijuana card in Doña Ana County – apply online through the Medical Cannabis Program Online Portal of the New Mexico Department of Health or apply by mail. However, after April 1, 2023, only mailed applications signed by a medical provider from January 1 to March 31, 2023, will be accepted.

Applicants must follow the patient instructions of the Medical Cannabis Division to create an online account. The patient must then find a health practitioner with a New Mexico license to prescribe and administer drugs under the Controlled Substance Act. The health practitioner will examine the patient to determine if one of the following medical conditions that qualify for the Medical Cannabis Program is present:

• Ulcerative Colitis

• Spinal Muscular Atrophy

• Spasmodic Torticollis (Cervical Dystonia)

• Severe Chronic Pain

• Severe Anorexia/Cachexia

• Post-Traumatic Stress Disorder

• Parkinson’s Disease

• Painful Peripheral Neuropathy

• Opioid Use Disorder

• Obstructive Sleep Apnea

• Multiple Sclerosis

• Lewy Body Disease

• Intractable Nausea/Vomiting

• Inflammatory Autoimmune-mediated Arthritis

• Inclusion Body Myositis

• Huntington’s Disease

• HIV/AIDS

• Hepatitis C Infection with antiviral therapy

• Glaucoma

• Friedreich's Ataxia

• Epilepsy/Seizure Disorder

• Intractable Spasticity from Spinal Cord Damage

• Crohn's Disease

• Cancer

• Autism Spectrum Disorder

• Anxiety Disorder

• Amyotrophic Lateral Sclerosis (ALS)

• Alzheimer's Disease

• Hospice Care

If the patient qualifies, the healthcare practitioner must submit the patient’s application on the online portal. The processing of online applications takes around five working days, after which the electronic card will appear in the patient’s account.

Patients who are applying by mail must download and print the Medical Cannabis Patient Application which the healthcare practitioner must sign. This must be sent with the patient’s state ID or state driver’s license and supporting medical records to:

Department of Health

Medical Cannabis Program

PO Box 26110

Santa Fe, NM, 87502-6110

The processing of mailed applications takes around 30 working days, after which the electronic card will also appear in the patient’s account. This means that even those who will apply by mail need to open an account on the online portal.

For more inquiries, the following may be contacted:

Medical Cannabis Program

1474 Rodeo Rd., Suite 200

Santa Fe, NM 87505

Email: medical.cannabis@doh.nm.gov

Phone: 505-827-2321

How Has Cannabis Legalization Impacted the Economy of Doña Ana County?

Medical cannabis is not taxed in Doña Ana County and the rest of New Mexico. However, recreational cannabis and cannabis products retail sales are subject to excise tax. Up to July 1, 2025, this is 12% of sales. Starting on July 1, 2030, it will be increased slowly until it reaches 18%. Cannabis businesses must include in their report the locality they are in because the excise tax will be shared by the state with counties and municipalities.

In addition, recreational cannabis retailers are subject to gross receipts tax for all of their sales, including medical cannabis accessories and educational materials, among others.

The Effects of Cannabis Legalization on Crime Rates in Doña Ana County

Medical cannabis was legalized in Doña Ana County in 2007 by the Lynn and Erin Compassionate Use Act. Meanwhile, recreational cannabis was legalized in 2021.

Data from the Doña Ana County Sheriff's Office on the FBI’s Crime Data Explorer page shows that in 2008, the earliest information on record, there were 219 arrests related to marijuana offenses, of which 200 were for marijuana possession, and 19 were for marijuana manufacturing or sales. In 2021, the latest information on record, arrests related to marijuana offenses decreased to 14, all of which were for marijuana possession.

There were 420 DUI arrests in 2008. This decreased to 113 DUI arrests in 2021.