Cannabis Laws in New Mexico

Cannabis Control Division of New Mexico

Like other marijuana legalized states, there are also a number of requirements and laws to meet to become a fully compliant cannabis retailer or a qualifying patient in New Mexico.  

In this article, you will get acquainted with New Mexico cannabis laws and state regulations intended for those who are interested in applying for a dispensary license or a qualifying patient license, etc. 

The Cannabis Control Division in New Mexico regulates and certifies cannabis producers, manufacturers, retailers, vertically integrated establishments, etc. Licenses are valid for one year, from the date of issuance. The division works in concert with different state agencies to assist applicants to get licensed.  Medical and recreational marijuana are both legal for adult use today based on the cannabis laws in New Mexico for adults of the age of 21+.

The Cannabis Regulation Act made it legal to acquire up to two ounces of cannabis as well as other equivalent forms of it: 16 grams of concentrated marijuana, or 800 milligrams of edibles. Since April 1, 2022 adults have been allowed to purchase the above-mentioned amount of marijuana products. They also may cultivate up to six mature and six immature cannabis plants at home, with a maximum of 12 mature plants per household.

General requirements 

We will introduce you to general cannabis laws statements under the Cannabis Control Division of New Mexico that mainly contain requirements regarding licensing procedures.  

Applicants and licensees must comply with all state and local laws that are regulated by Cannabis Regulation Act. All applicants for licensure, including controlling persons of applicants, must be at least 21 years of age. Licensees can not sell, deliver, or transport cannabis or cannabis products to any person that is not authorized to possess and receive the cannabis or cannabis products.

Licensees must utilize the division-approved track and trace equipment, software, and services and must conduct cannabis establishment operations solely on licensed premises approved by the division.

All applications for initial licensure, amended licensure, additional premises, and renewal must be submitted on the division website. License and additional premises application or renewal fees must be paid at the time of application submission. An applicant may withdraw an application at any time before the division approves a license or denial of a license. 

Purchase Limits

If you want to sell marijuana products as a retailer or purchase cannabis as a customer in New Mexico, there are certain limits you are to consider under the cannabis laws. A licensed retailer may not sell more than the following amounts at one time to a single commercial cannabis customer:

•   Two ounces of cannabis;
•   16 grams of cannabis extract;
•   800 milligrams of edible cannabis;
•   six immature cannabis plants.

A customer is not allowed to exceed the limits set forth above while purchasing cannabis or cannabis products. 

A licensed retailer may sell marijuana products to qualified individuals who are at least 18 years of age and have a valid qualified patient, a caregiver, or other identification cards. 

Cannabis laws in Respect of Advertising and Marketing in New Mexico

The requirements and regulations apply also when it comes to creating marketing campaigns for cannabis products. 

All ads, both offline and digital communications must only be placed in areas where at least seventy percent of the audience is expected to be 21 years of age or older. Any advertising or marketing materials created for viewing by the public must include the statement “Please Consume Responsibly” in a visible manner and must include the following warnings:

• For use only by adults 21 and older;
• Keep out of reach of children;
• This product is not approved by the FDA to treat, cure, or prevent any disease; 
• Do not drive a motor vehicle or operate machinery while under the influence of cannabis; 
• There may be long-term adverse health effects from the consumption of cannabis, including additional risks for women who are or may become pregnant or are breastfeeding.

Advertising and marketing activities of cannabis products must not:

• Occur on radio, television, or other broadcast media, internet pop-ups, and mass transit vehicles except for the forums where subscribers of radio, television, or other broadcast media are 21 years of age or older; or persons 21 years of age or older have solicited advertising or marketing activities;
• Be deceptive, misleading, false, or fraudulent;
• Make unproven health benefit claims and must be supported by substantial evidence or substantial clinical data;
• Be on billboards, posters, handbills, or other visual media that are located within 300 feet of a school, a daycare center, or a church;
• Contain symbols or images, including a celebrity likeness, that are commonly used to market products to minors;
• Conduct predatory marketing or advertising activities targeting minors; 
• Promote the overconsumption of cannabis or cannabis products; 
• And depict the actual consumption of cannabis or cannabis products.

Branding must not be designed to be appealing to a child and must not contain:

• Cartoons;
• Design, brand, symbols, or images that are marketed to minors. 

Labeling and packaging 

Manufacturers or retailers in New Mexico must consider the following minimum requirements while labeling cannabis finished products listed down below. 

The label must be printed on any outer package or container that is used to display the edible or topical cannabis finished product for retail sale. Labels must identify the intended use of a finished product and must comply with all labeling requirements for each intended use. 

If the cannabis product’s potency (amount of active ingredient content) of THC or CBD is less than 1mg. per serving then this amount may be displayed during labeling as “<1mg”. If “<1 mg” was used to display the Total THC or CBD per serving, then a corresponding statement in this regard must be displayed on the container.  

Net quantity, net weight, or volume in U.S. customary and metric units of contents must be displayed under the law issued in this regard, and must be measured accordingly if the product is liquid, or weight if the item is solid, semi-solid, or viscous:

• for edible products, Total THC and CBD in milligrams per serving;
• percent of Total THC per container; 
• if detected, percent of CBD per container.

A logo must be designed and provided by the division as notifying a reasonable person that the product contains cannabis with no small amount. The informational panel of labels must include the following warnings:

• “For use only by adults 21 and older”;
• “Keep out of reach of children”;
• “Do not drive a motor vehicle or operate machinery while under the influence of cannabis”.

And 

• The product expiration date;
• The state track and trace system number or identifier associated with the product; 
• Date the product was manufactured.

Edible or topical cannabis finished products must have the government warning statement in bold, capital letters. The primary or information panel must also include the list of the cannabinoid content in percentages and include info about THC, CBD, and any other cannabinoid concentrates exceeding 5%. 

Medical Cannabis Qualifying Conditions for Patients

Those who want to register as a qualifying patient and get an ID card in New Mexico must meet the following medical conditions:

• Alzheimer’s Disease, Amyotrophic Lateral Sclerosis (ALS), Autism Spectrum Disorder;
• Cancer, Crohn’s Disease;
• Damage to the Nervous Tissue of the Spinal Cord (with an objective neurological indication of intractable spasticity);
• Epilepsy/Seizure Disorder;
• Friedreich’s Ataxia,Glaucoma;
• Hepatitis C Infection currently receiving antiviral therapy;
• HIV/AIDS, Hospice Care;
• Huntington’s disease;
• Inclusion Body Myositis;
• Inflammatory Autoimmune-mediated Arthritis, Intractable Nausea/Vomiting;
• Lewy Body Disease, Multiple Sclerosis;
• Obstructive Sleep Apnea, Opioid Use Disorder;
• Painful Peripheral Neuropathy, Parkinson’s disease;
• Post-Traumatic Stress Disorder;
• Severe Anorexia/Cachexia, Severe Chronic Pain;
• Spasmodic Torticollis (Cervical Dystonia);
• Spinal Muscular Atrophy;
• Ulcerative Colitis;

Disclaimer

Considering the fact that the laws and requirements in regard with the marijuana industry in New Mexico are constantly updating, the information presented above can not be characterized as legal advice but more as instructional. 

So make sure you stay up to date when it comes to cannabis laws in New Mexico and safely run a cannabis business!