Yes. Adult-use cannabis and medical cannabis are legal in Santa Fe County. Cannabis cultivation by licensed marijuana producers and homegrown marijuana are allowed in New Mexico. The laws in place legalizing cannabis in the state are the Cannabis Regulation Act (House Bill 2) in 2021 and the Lynn and Erin Compassionate Use Act, paving the way to legalize the use of medical cannabis.
Following New Mexico laws on growing marijuana at home, adults over the age of 21 may grow up to 12 plants in their residences at any one time, but not more than six plants can be mature, flowering plants. If there are two or more adults in a household, they may have 24 plants, with not more than 12 mature and flowering at any one time. Homegrown marijuana is intended solely for the personal use of the resident. These individuals cannot sell cannabis plants or cannabis products to anyone. The resident must set precautions to prevent access to marijuana plants and products from children.
Cannabis producers are those who grow or farm marijuana plants. In contrast, cannabis producer microbusinesses are cannabis producers at a single licensed premise that have no more than 200 mature marijuana plants at any one time. To obtain a cannabis producer license, the applicant or their controlling person must be at least 21 years old. They must prove that they have a legal right to use the quantity of water that the Cannabis Control Division (CCD) determines is needed for cannabis production. Additionally, the applicants must have a plan to use, or certification that they cannot feasibly use, energy and water reduction opportunities which include water collection and drip irrigation, natural lighting and energy efficiency measures, renewable energy generation, and estimated water and energy use connected to the applicant’s cultivation plan.
Cultivation areas of greenhouses may be established outdoors, provided security measures are implemented to ensure the sites are not accessible to unauthorized individuals and prevent diversion, theft, or loss of cannabis.
Yes. Cannabis manufacturers are persons who manufacture, package, label, and have their cannabis products tested by a cannabis testing laboratory. They also purchase, sell, or transport wholesale marijuana products to other cannabis establishments.
Marijuana packaging must be child-resistant, resealable, compostable, recyclable, or made from recyclable materials. Manufacturers shall ensure that their packaging is not appealing to children. As for the labels, the package shall contain the net weight of cannabis for products containing only cannabis leaf or flower. The proper identification of licensees who produced or manufactured the cannabis product, date of harvest, date of manufacture and packaging, and type of cannabis product shall be indicated on the labels. The labels must also include the potency and pesticide use, and a list of pharmacologically active ingredients.
Cannabis manufacturers must comply with the security requirements set forth by the CCD, such as ensuring that licensed premises and limited-access areas are secure and installing digital video surveillance systems. They shall guarantee that cannabis products are not visible from a public place without the need to use of binoculars, aircraft, or other optical aids.
The licensee shall not distribute or manufacture a cannabis product intended to be consumed by inhalation that includes polypropylene glycol, polyethylene glycol, medium-chain triglycerides, or vitamin E acetate. Cannabis products must not be combined with nicotine, caffeine, or any other addictive substance. A legible and accurate diagram shall be maintained by the cannabis manufacturer containing the description of the land or facility used by the manufacturer, the method/s to manufacture cannabis, and a description of extraction and infusion methods.
Yes. 21-year-old adults, qualified patients, and primary caregivers may purchase cannabis from retailers. Business establishments must secure a Cannabis Retailer license from the CCD to lawfully sell cannabis products to consumers.
Recreational users may possess 2 ounces of cannabis, 16 grams of cannabis extract, and 800 milligrams of edible cannabis. Cannabis may be in the form of extracts, edibles, or topicals containing other ingredients. They shall only consume cannabis in a licensed cannabis consumption area or a private home. State laws prohibit smoking cannabis in any public place, such as parks, sidewalks, private businesses, or any place where smoking tobacco is also unlawful. Residents who possess cannabis products may share with another person 21 years or older, without compensation, an amount within the legal possession limits. However, “gifting” and selling services or commodities related to sharing cannabis are not allowed.
Patients in the Medical Cannabis Program can purchase up to 425 units of cannabis or cannabis products for three months (90 days) from licensed dispensaries. Allowed cannabis forms are edibles, tinctures, and topicals. Every 1 unit of dried flower amounts to 1 gram. Four hundred twenty-five (425) units of cannabis are around 15 ounces of dried flower. Meanwhile, every 1 unit of edibles, tinctures, and topicals is 200 milligrams (0.2 grams) of THC.
Licensed cannabis retailers shall only sell cannabis products to individuals who are 21 years of age after verifying the age and identity of the purchaser by checking his valid ID. On the other hand, dispensaries shall only sell cannabis to individuals who are at least 18 years old and possess valid qualified patient ID, primary caregiver ID, or reciprocal participant registry ID from the Department of Health (DOH) medical cannabis program. Retailers shall not sell more than two ounces of cannabis, 16 grams of cannabis extract, 800 milligrams of edible cannabis, and six immature cannabis plants to a single recreational cannabis customer. The licensee shall follow the DOH rules on the sale of medical cannabis to patients and caregivers.
Yes. Possession of a cannabis courier license allows a person to transport or deliver cannabis products directly to consumers, qualified patients, primary caregivers, or reciprocal participants. It shall be unlawful to deliver marijuana products to persons under the age of 21. Customers purchasing cannabis for delivery shall be required to present a valid government-issued ID to be used to check their age at the time of delivery. Retailers and couriers shall require patients and primary caregivers to show their medical cannabis program registry ID.
Cannabis retailers may utilize this license to deliver their products. Licensed retailers may only sell or deliver cannabis or cannabis products to a customer as long as they receive the products from a licensed producer, licensed producer microbusiness, licensed manufacturer, or any other retail cannabis licensee. They shall only sell and deliver cannabis during their regular business hours.
The Lynn and Erin Compassionate Use Act allowed regulating the beneficial use of medical marijuana in New Mexico to alleviate the symptoms caused by debilitating medical conditions and their medical treatments. The Medical Cannabis Program details the 29 medical conditions that would qualify patients to receive medical marijuana. The qualifying conditions are:
Amyotrophic Lateral Sclerosis (ALS)
Autism Spectrum Disorder
Damage to the Nervous Tissue of the Spinal Cord (with an objective neurological indication of intractable spasticity)
Hepatitis C Infection currently receiving antiviral therapy
Inclusion Body Myositis
Inflammatory Autoimmune-mediated Arthritis
Lewy Body Disease
Obstructive Sleep Apnea
Opioid Use Disorder
Painful Peripheral Neuropathy
Post-Traumatic Stress Disorder (PTSD)
Severe Chronic Pain
Spasmodic Torticollis (Cervical Dystonia)
Spinal Muscular Atrophy
If the patient’s condition is not one of the medical conditions listed above and the medical practitioner determines that they would benefit from medical marijuana, the patient can petition the Medical Cannabis Advisory Board to add their disease to the current laws.
No age restriction is imposed upon patients to receive medical cannabis. However, patients under 18 are required to designate a primary caregiver (parent or legal guardian) to purchase cannabis products for the minor.
Medical cannabis cards in the state are now electronic cards. Patients and caregivers can sign up on the online patient portal (see video instructions here). Electronic applications are processed within five business days from receipt of the application. Registrants may access their card through their phone or computer and present it to licensed dispensaries to purchase medical cannabis.
Paper applications are processed within 30 days from receipt of the application. However, the program no longer accepts paper applications after April 1, 2023, unless they are signed and dated by the medical provider from January 1, 2023, to March 31, 2023.
Cannabis Control Division
Telephone: (505) 476-4995
Physical Address: 1209 Camino Carlos Rey, Santa Fe, NM 87507
Shipping/Mailing Address: 2550 Cerrillos Road, Santa Fe, NM 87505
P.O. Box 25101, Santa Fe, NM 87504
Licensed cannabis businesses in the state must be licensed by the Cannabis Control Division and be registered with the Taxation and Revenue Department (Tax & Rev) before establishing a Cannabis Excise Tax account with the latter department.
Retail sales of adult-use cannabis are subject to a 12% excise tax until July 1, 2025 – the rate gradually increases to 18% starting July 1, 2030. The excise tax rate is the same across New Mexico. Still, the cannabis businesses shall report by location so that the different localities can receive their share of the tax (around 30% of taxes collected will be shared back to the county or municipality). Meanwhile, the sale of medical cannabis is not subject to excise taxes.
A 5% Gross Receipts Tax (GRT) is imposed on recreational marijuana, while medical cannabis is eligible for GRT deductions. Medical cannabis dispensaries are required to file GRT returns, evidenced by receipts from medical cannabis sales declared in gross receipts. However, they can reduce their medical cannabis sale to lessen their GRT liability.
The state garnered more than $40 million in medical and adult-use cannabis sales during the month of July 2022 – the highest since recreational marijuana was legalized. The sale of medical cannabis generated nearly $17 million, and adult-use sales collected over $23 million in the same month. In Sante Fe County, revenue amounted to over $1.6 million for medical cannabis sales and nearly $1.9 million for adult-use cannabis sales, totaling $3.5 million.
Adult-use marijuana was legalized in March 2021. Santa Fe Sheriff’s Office arrest records for driving under the influence (DUI), illegal possession of marijuana, and illegal sale/manufacturing in 2020, 2021, and 2022 are currently unavailable as of April 2023 in the FBI Crime Data Explorer.
Nevertheless, statewide arrest data for the mentioned crimes are available. In New Mexico, there were 2,844 DUI arrests in 2020, while 2,414 arrests were made in 2021. As for illegal possession of marijuana, the figures decreased from 328 arrests to 182 arrests in 2020 and 2021, respectively. Similarly, the number of arrests for the illegal sale/manufacturing of marijuana dropped from 133 to 13 arrests in 2020 and 2021.