Sandoval County Cannabis – Is It Legal & Where To Buy 2025 | NewMexicoStateCannabis.org

Is Cannabis Cultivation Legal in Sandoval County?

Licensed medical and adult-use cannabis cultivation in Sandoval County is legal. The Lynn and Erin Compassionate Use Act of the State of New Mexico, effective July 1, 2007, and its subsequent amendments, legalized medical cannabis in the state. The Cannabis Regulation Act of the State of New Mexico, effective July 1, 2019, legalized adult-use cannabis for persons not younger than 21. Local governments are not allowed to ban medical and adult-use cannabis businesses, except for cannabis consumption facilities.

The regulation and licensing of both medical and adult-use cannabis businesses in the state have been integrated under the Cannabis Control Division (CCD).

For a medical and adult-use cannabis cultivation business to operate in Sandoval County, a medical and adult-use cannabis producer license must be acquired from the CCD in addition to a State of New Mexico Fire Marshall certificate of fitness, and a county or municipality certificate of occupancy.

There are four types of medical and adult-use cannabis cultivation licenses established by the Cannabis Regulation Act, as follows:

1. The cannabis producer licensee is authorized to cultivate cannabis crops for medical and adult use, have the unprocessed cannabis tested by a qualified laboratory, sell cannabis wholesale to other cannabis licensees, and transport unprocessed cannabis to other cannabis licensees. The annual license fee is $2,500. The licensee is allowed to have more than one cultivation facility but must pay $1,000 annually for each additional facility.
2. The cannabis producer microbusiness licensee can do the same as the cannabis producer licensee but is limited to only one facility with a maximum of 200 mature cannabis plants. The annual fee is a maximum of $1,000.
3. The vertically integrated cannabis establishment licensee is authorized to cultivate cannabis crops for medical and adult use, manufacture medical and adult-use cannabis products, sell medical and adult-use cannabis and cannabis products, and deliver medical and adult-use cannabis and cannabis products to licensed cannabis facilities, medical cannabis cardholders, and qualified consumers. The annual license fee is $7,500. The licensee must also pay $1,000 annually for each facility in addition to the cultivation facility.
4. The integrated cannabis microbusiness licensee can do the same as the vertically integrated cannabis establishment licensee but is limited to only one of each type of facility. The licensee can cultivate only up to 200 mature cannabis plants, sell and deliver only the medical and adult-use cannabis and cannabis products it has grown and manufactured, and deliver only to medical cannabis cardholders and qualified consumers. The annual license fee is $2,500. The licensee must also pay $500 annually for each facility in addition to the cultivation facility.

Licensed medical cannabis cultivators under the Lynn and Erin Compassionate Use Act were the first to be allowed to apply for conversion to medical and adult-use cannabis producer licenses. Those that opt to be licensed only for medical cannabis cultivation are charged half of the fees.

As of June 2023, there was one cannabis producer microbusiness licensee in Sandoval County, located in the City of Rio Rancho.

Section 26-2C-25 of the Cannabis Regulation Act allows a person not younger than 21 to cultivate at home a maximum of six immature and six mature cannabis plants. The maximum number of mature cannabis plants that can be in one household is 12, no matter the number of residents of qualified age.

Is Cannabis Manufacturing Legal in Sandoval County?

Licensed medical and adult-use cannabis product manufacturing in Sandoval County is legal as mandated by the State of New Mexico’s amended Lynn and Erin Compassionate Use Act and Cannabis Regulation Act.

For a medical and adult-use cannabis manufacturing business to operate in Sandoval County, a cannabis manufacturer license, vertically integrated cannabis establishment license, or integrated cannabis microbusiness license must be acquired from the CCD. The same State of New Mexico Fire Marshall certificate of fitness and certificate of occupancy from the county or municipality are also required.

The medical and adult-use cannabis manufacturer license annual fee is $2,500. The licensee must also pay $1,000 annually for each additional manufacturing facility it operates. Those that opt to manufacture only medical cannabis products are charged half of the fee.

Section 26-2C-25 of the Cannabis Regulation Act allows persons not younger than 21 to manufacture cannabis extract from the cannabis plants they cultivate at home provided they use no solvents or only nonvolatile solvents, carbon dioxide, or alcohol.

Is Cannabis Retail Legal in Sandoval County?

Licensed medical and adult-use cannabis retail in Sandoval County is legal as stipulated by the amended Lynn and Erin Compassionate Use Act and Cannabis Regulation Act of the State of New Mexico.

For a medical and adult-use cannabis retail business to operate in Sandoval County, a cannabis retailer license, vertically integrated cannabis establishment license, or integrated cannabis microbusiness license must be acquired from the CCD. Again, a certificate of fitness from the State of New Mexico Fire Marshall and a certificate of occupancy from the county or municipality are needed.

The cannabis retailer license is $2,500. The licensee must also pay $1,000 per year for each additional retail facility it sets up. Those that opt to sell only medical cannabis and medical cannabis products are charged only half of the fee.

As of June 2023, there were two cannabis retailer licensees in Sandoval County, all located in the City of Rio Rancho.

In Sandoval County, effective September 2, 2021, Ordinance No. 9-2-21.9 required a distance of at least 500 feet between a licensed cannabis retailer and other licensed cannabis retailers and licensed tobacco retailers. There must be a distance of at least 300 feet between a licensed cannabis retailer and a school or daycare center.

Medical cannabis and medical cannabis products may only be sold by licensed retailers to medical cannabis cardholders. This is untaxed up to 15 ounces every 90 days. One serving of medical cannabis may have a maximum of 50 milligrams of THC.

Adult-use cannabis and adult-use cannabis products may only be sold to persons not younger than 21 and are taxed. Each transaction has a purchase limit equivalent to the possession limit, which is two ounces of cannabis, 16 grams of cannabis concentrate, and 800 milligrams of cannabis edibles. Once these are used up, though, the qualified consumer may repurchase with no limit per month.

A medical cannabis cardholder not younger than 21 may purchase more medical cannabis and medical cannabis products upon reaching the limit but must also pay taxes on the excess.

Whether the medical cannabis cardholder is using the old printed or the new electronic card, a separate valid state-issued ID with the same name and date of birth is also required for verification. Furthermore, every sale must be logged on the NMDOH BioTrack system.

Is Cannabis Delivery Legal in Sandoval County?

Section 7.34.4.20 of the NMDOH licensing requirements and Section 26-2C-15 of the Cannabis Regulation Act of the State of New Mexico allows licensed medical and adult-use cannabis retailers to deliver by courier medical cannabis and medical cannabis products to medical cannabis cardholders, as well as adult-use cannabis and adult-use cannabis products to persons not younger than 21 in Sandoval County.

How to Get a Medical Marijuana Card in Sandoval County

To get a medical cannabis card for medical cannabis treatment, residents of Sandoval County must apply through the online patient portal of the Medical Cannabis Program under the State of New Mexico Department of Health (NMDOH). Acceptance of paper applications stopped on April 1, 2023.

The application process must start with a medical examination by an authorized medical provider who will check if the patient has any of the following illnesses:

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

If the patient qualifies, the medical provider will submit the patient's application on the online portal. If the patient is a minor or an adult who requires assistance, the medical provider will also submit the caregiver’s application on the online portal. Both the patient and the caregiver must provide their respective names, birthdates, email addresses, and valid state-issued IDs.

The patient and caregiver must create their respective accounts on the online portal. That is where they can track the status of their applications, which may take five working days, and receive their electronic medical cannabis card.

Further information may be requested through the following:

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 Sandoval County?

According to the Taxation and Revenue Department of the State of New Mexico, retail sales of adult-use cannabis and adult-use cannabis products statewide are subject to a 12% excise tax until July 1, 2025. The tax rate shall then be raised gradually up to 18%.

Medical cannabis and medical cannabis products are exempted from the excise tax. Retailers may also claim deductions on the GRT on sales of medical cannabis and medical cannabis products.

According to the Office of the Governor of New Mexico, adult-use cannabis sales from April 2022 to April 2023 reached $300 million. This resulted in over $27 million in excise tax revenue by March 2023. The fund was shared by the state with the local governments where the licensed dispensaries were located. That means that the City of Rio Rancho in Sandoval County earned its share, as well.

The Effects of Cannabis Legalization on Crime Rates in Sandoval County

Medical cannabis was legalized in Sandoval County in 2007, and adult-use cannabis was legalized in 2019.

On the FBI’s Crime Explorer page, data sent by the Sandoval County Sheriff's Office shows that in 2004, three years before the legalization of medical cannabis, there were 29 arrests for marijuana offenses, comprised of 13 arrests for possession and 16 arrests for sales.

In 2008, a year after the legalization of medical cannabis, there were three arrests for marijuana offenses, all for possession.

In 2019, the latest data available and the year that adult-use cannabis was legalized, there were seven arrests for marijuana offenses, comprised of three arrests for possession and four arrests for sales.

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

• 2004: 110 arrests
• 2008: 54 arrests
• 2019: 78 arrests