San Juan County Cannabis – Is It Legal & Where To Buy 2025

Is Cannabis Cultivation Legal in San Juan County?

Licensed cannabis cultivation in San Juan County is legal for both medical and adult use. The Lynn and Erin Compassionate Use Act or Article 2B Chapter 26 of the State of New Mexico Statutes first legalized medical cannabis in 2007, and subsequent amendments were made to it. The Cannabis Regulation Act or Article 2C Chapter 26 of the New Mexico Statutes legalized adult-use cannabis in 2021 for people aged 21 and above.

Licenses for medical and adult-use cannabis businesses are issued by the New Mexico Cannabis Control Division (NMCCD). All types of medical and adult-use cannabis businesses are also required to have a certificate of fitness issued by the State of New Mexico Fire Marshall and a certificate of occupancy from the municipality or county. Section 26-2C-12 of the Cannabis Regulation Act allows counties and municipalities to regulate medical and adult-use cannabis businesses but not ban them.

Any of the following cannabis producer licenses must be obtained from the NMCCD before a cannabis cultivation business may be started in San Juan County:

1. The medical and adult-use cannabis producer license authorizes the cultivation of up to 8,000 cannabis plants. The license holder may have multiple cultivation facilities. There is a $2,500 yearly license fee, with $1,000 more for every added cultivation facility. There is also an annual fee of $5 for each mature adult-use cannabis plant and $2.50 for each mature medical cannabis plant.
2. The medical and adult-use cannabis producer microbusiness license authorizes the cultivation of cannabis in only one facility. The yearly license fee is $500 for up to 100 cannabis plants and $1,000 for 101 to 200 cannabis plants.
3. The medical and adult-use vertically integrated cannabis establishment license allows the cultivation of up to 8,000 cannabis plants, the manufacturing of medical and adult-use cannabis products, and the retail selling to qualified purchasers of medical and adult-use cannabis and medical and adult-use cannabis products. The license holder is also allowed to have multiple facilities, may sell cannabis grown by other licensed cultivators as well as cannabis products manufactured by other licensed manufacturers, and deliver cannabis and cannabis products to other licensed cannabis businesses and qualified purchasers. There is a $7,500 yearly license fee, with $1,000 more for every additional facility. There is likewise a yearly fee of $5 for every mature adult-use cannabis plant and $2.50 for every mature medical cannabis plant.
4. The medical and adult-use integrated cannabis microbusiness license also authorizes cannabis cultivation, product manufacturing, retail selling, delivery to other licensed cannabis businesses, and delivery to qualified purchasers but the licensee is only allowed to have one facility for each of these activities. Cultivation is limited to 200 mature cannabis plants. Retail selling is limited to the medical and adult-use cannabis grown by the licensee and medical and adult-use cannabis products manufactured by the licensee. The licensee is free to choose just two or up to five of the allowed activity types, and the license fee is commensurate at $1,000 for two types, $1,500 for three types, $2,000 for four types, and $2,500 for five types.

The Cannabis Regulation Ordinance of San Juan County has the following requirements for all types of medical and adult-use cannabis businesses:

1. Ensure that the medical and adult-use cannabis establishment is in a permanent non-mobile structure.
2. Pass an inspection by the San Juan County Code Compliance Officer to ensure that the medical and adult-use cannabis establishment is separated from a daycare facility, school, library, church, public park, community center, cultural center, or government facility by at least 300 feet.
3. Pass an inspection for compliance with the San Juan County Building Code.
4. Pass an inspection by the San Juan County Fire Department.
5. Comply with the San Juan County Business Registration Ordinance.
6. Acquire a permit from the San Juan County Community Development Department and pay the required fees.

Medical cannabis cultivators who were licensed before April 5, 2022, were exempted from the location restrictions. They were, however, required to still apply for a new permit.

As of July 2023, there were 32 licensed medical and adult-use cannabis producers in San Juan County, with 20 of them medical and adult-use cannabis producer licensees and 12 of them medical and adult-use cannabis producer microbusiness licensees. Their locations are as follows:

The Cannabis Regulation Act’s Section 26-2C-25 allows the home cultivation of cannabis by people aged 21 and above. Section 26-2C-12 of the Act prohibits counties and municipalities from banning this. An individual may cultivate up to six mature and six immature cannabis plants. However, even if several qualified adults live in the same household, they can only grow up to 12 mature cannabis plants.

Is Cannabis Manufacturing Legal in San Juan County?

Licensed medical cannabis product manufacturing in San Juan County was legalized by the Lynn and Erin Compassionate Use Act, while licensed adult-use cannabis product manufacturing was legalized by the Cannabis Regulation Act.

While the medical and adult-use vertically integrated cannabis establishment license and the medical and adult-use integrated cannabis microbusiness license include cannabis product manufacturing among their authorized activities, the medical and adult-use cannabis manufacturer license from the NMCCD authorizes solely the manufacturing of medical and adult-use cannabis products. Multiple facilities are allowed. There is a $2,500 yearly license fee, plus $500 each for every additional facility.

NMCCD requirements for all cannabis business establishments, as well as the requirements of the San Juan County Cannabis Regulation Ordinance, must also be complied with by the licensed cannabis manufacturer.

As of July 2023, there were six licensed medical and adult-use cannabis manufacturers in San Juan County, with the following locations:

Section 26-2C-25 of the Cannabis Regulation Act permits qualified home cultivators of cannabis to process cannabis extracts, but they are not allowed to use solvents. They may only use alcohol, carbon dioxide, or nonvolatile solvents.

Is Cannabis Retail Legal in San Juan County?

The Lynn and Erin Compassionate Use Act of the State of New Mexico legalized the licensed retail of medical cannabis and medical cannabis products to medical cannabis cardholders in San Juan County. Subsequently, the Cannabis Regulation Act legalized the licensed retail of adult-use cannabis and adult-use cannabis products to people aged 21 and above.

In addition to the medical and adult-use vertically integrated cannabis establishment license and the medical and adult-use integrated cannabis microbusiness license, the NMCCD also grants the medical and adult-use cannabis retail license, which authorizes only retail selling without cultivation and manufacturing. The licensee may set up several retail locations. There is a $2,500 yearly license fee, with an additional $1,000 for every facility after the first one.

Medical and adult-use cannabis retail licensees must also comply with all the previously mentioned requirements of the NMCCD and the San Juan County Cannabis Regulation Ordinance. In addition, the county allows licensed cannabis retailers to operate only from 7 a.m. to midnight. Retailers may not allow any medical and adult-use cannabis consumption on their premises.

As of July 2023, there were 14 licensed medical and adult-use cannabis retailers in San Juan County, with the following locations:

Medical cannabis and medical cannabis products sold only to medical cannabis cardholders are not taxed as long as the cardholder stays within the maximum purchase of 15 ounces in 90 days. Only 50 milligrams or less of tetrahydrocannabinol (THC) must be contained in each serving of medical cannabis and medical cannabis products. However, there is no cap on the number of servings a package may contain.

Only people aged 21 and above are allowed to purchase adult-use cannabis and adult-use cannabis products, and these are subject to tax. The purchase limit per transaction is 800 milligrams of cannabis edibles, two ounces of cannabis, and 16 grams of cannabis concentrate. Each serving of adult-use cannabis and adult-use cannabis products may contain only up to 10 milligrams of THC. A package of several servings may contain only a total of 100 milligrams of THC.

All qualified purchasers, including medical cannabis cardholders with a printed or electronic ID, are required to also present to the licensed retail facility a separate valid ID issued by the state. The retailer must log all purchases on the NMCCD BioTrack online system.

Is Cannabis Delivery Legal in San Juan County?

Yes. The Cannabis Regulation Act’s Section 26-2C-15 and Section 26-2C-2-D state that licensed medical and adult-use cannabis retailers, vertically integrated establishments, and integrated microbusinesses are allowed to deliver medical and adult-use cannabis and medical and adult-use cannabis products to qualified purchasers.

A cannabis courier license may also be applied for separately with the NMCCD, authorizing the delivery of medical and adult-use cannabis and cannabis products from licensed retailers, vertically integrated establishments, and integrated microbusinesses to qualified purchasers. There is a $250 yearly license fee, with $100 more for every added facility.

How to Get a Medical Marijuana Card in San Juan County

Residents of San Juan County can get a medical cannabis card only by applying online at the patient portal of the State of New Mexico Department of Health (NMDOH) Medical Cannabis Program.

The patient must be diagnosed by an authorized medical practitioner to be suffering from one of the following ailments:

• Inclusion Body Myositis
• Ulcerative Colitis
• Inflammatory Autoimmune-mediated Arthritis
• Alzheimer's Disease
• Huntington’s disease
• Spinal Muscular Atrophy
• Insomnia
• Amyotrophic Lateral Sclerosis (ALS)
• Hospice Care
• Spasmodic Torticollis (Cervical Dystonia)
• Intractable Nausea/Vomiting
• Anxiety Disorder
• HIV/AIDS
• Severe Chronic Pain
• Lewy Body Disease
• Autism Spectrum Disorder
• Hepatitis C Infection receiving antiviral therapy
• Severe Anorexia/Cachexia
• Multiple Sclerosis
• Cancer
• Glaucoma
• Post-Traumatic Stress Disorder
• Sleep Apnea with Obstruction
• Crohn's Disease
• Friedreich's Ataxia
• Parkinson’s disease
• Opioid Use Disorder
• Intractable Spasticity in Spinal Cord Nervous Tissue Damage
• Peripheral Neuropathy with Pain
• Epilepsy/Seizure Disorder

The practitioner will post the application of the qualifying patient on the portal. A caregiver must be identified in the application for a patient who is a minor. The valid ID of the patient and the caregiver, issued by the state, must be presented to the practitioner, along with their email addresses.

Afterward, the patient and the caregiver must each create an account on the portal. The approved medical cannabis card will be sent digitally through their respective accounts.

The following may be contacted for more information:

Medical Cannabis Program

1474 Rodeo Rd., Suite 200

Santa Fe, NM 87505

Phone: 505-827-2321 Monday to Friday, 8 a.m. to 12 p.m. and 1 p.m. to 4:30 p.m.

Email: medical.cannabis@doh.nm.gov

How Has Cannabis Legalization Impacted the Economy of San Juan County?

According to the State of New Mexico’s Taxation and Revenue Department, adult-use cannabis and adult-use cannabis product sales by licensed retailers are subject to the cannabis excise tax and gross receipts tax (GRT). The excise tax is 12% up to July 1, 2025, after which it will be slowly increased until it reaches 18% by July 1, 2030. The GRT depends on the municipality. For the municipalities of San Juan County, the respective GRT rates for July 1 to December 31, 2023, were as follows:

The Effects of Cannabis Legalization on Crime Rates in San Juan County

Medical cannabis was legalized in San Juan County in 2007, and adult-use cannabis was legalized in 2021.

Data sent by the San Juan County Sheriff's Office to the Crime Explorer page of the FBI shows that in 2006, a year before the legalization of medical cannabis, there were 78 marijuana possession arrests, comprising all marijuana offense arrests.

In 2009, two years after the legalization of medical cannabis, there were 104 marijuana possession arrests, also comprising all marijuana offense arrests.

In 2015, there were 96 marijuana possession arrests and three marijuana sales arrests, totaling 99 marijuana offense arrests.

In 2020, the latest data showed 11 marijuana possession arrests and one marijuana sales arrest, totaling 12 marijuana offense arrests.

In those years, the number of DUI arrests was as follows:

• 2006: 465 arrests
• 2009: 562 arrests
• 2015: 284 arrests
• 2020: 158 arrests