Is marijuana legal in New Mexico?
Yes. As of 2026, marijuana (weed) is legal in New Mexico for adults 21 and older, who can buy it at licensed retailers, possess up to two ounces in public, and grow up to six mature plants at home. Medical cannabis is also legal.
Status checked November 4, 2026
Contents
Marijuana laws in New Mexico
New Mexico legalized adult-use cannabis when Governor Lujan Grisham signed the Cannabis Regulation Act, House legislation enacted as Chapter 3 of 2021, on April 12, 2021. The act took effect June 29, 2021, and licensed sales followed. Medical cannabis has been legal since the Lynn and Erin Compassionate Use Act in 2007. The Cannabis Control Division of the Regulation and Licensing Department oversees the market.
Adults 21 and older may possess, use, buy or transport the amounts authorized by the act: no more than two ounces of cannabis, 16 grams of cannabis extract and 800 milligrams of edible cannabis outside a private residence. They may keep more than those amounts at home if the excess is stored in the private residence and is not visible from a public place. They may plant, cultivate and harvest up to six mature plants and six immature plants per person, with no more than twelve mature plants in one household, and may possess the cannabis those plants produce even if it exceeds the weight limits.
Licensed retailers sell to adults 21 and older. A consumer may not purchase more than two ounces of cannabis, 16 grams of extract and 800 milligrams of edible cannabis at one time.
The odor of cannabis alone is not reasonable suspicion of a crime. Marijuana remains illegal under federal law, apart from state-licensed medical marijuana, which moved to Schedule III in April 2026.
Santa Fe, NM – May 5, 2023: New Mexico State Capitol Photo: Adobe Stock (editorial use only).
What the law says
Legal
- possessing in excess of two ounces of cannabis, sixteen grams of cannabis extract and eight hundred milligrams of edible cannabis if the excess is stored in the person's private residence and not visible from a public place
- possessing, planting, cultivating, harvesting, drying, manufacturing cannabis products using nonvolatile solvents, alcohol or carbon dioxide or no solvents or transporting not more than six mature cannabis plants and six immature cannabis plants per person; provided that despite a household having multiple residents, no more than twelve mature cannabis plants may be present in one household
- a person who is twenty-one years old or older shall not purchase more than two ounces of cannabis, sixteen grams of cannabis extract and eight hundred milligrams of edible cannabis at one time
Not legal
- a consumer shall not possess more than two ounces of cannabis, sixteen grams of cannabis extract and eight hundred milligrams of edible cannabis outside the consumer's private residence
- any cannabis in excess of the amounts described in Item 1) of this subparagraph shall be stored in the person's residence and shall not be visible from a public place
Quoted from New Mexico Statutes §26-2C-25.
How old do you have to be to use marijuana in New Mexico?
You have to be 21 to buy weed in New Mexico for adult use. Section 26-2C-25 makes the listed personal-use conduct lawful for a person twenty-one years of age or older. Licensed retailers sell only to adults 21 and older who show a valid ID. Medical cannabis remains available to qualified patients, including some younger patients with a caregiver, under the Lynn and Erin Compassionate Use Act.
How much marijuana can you have in New Mexico?
Outside the home in New Mexico, adults 21 and older can have up to two ounces of cannabis, 16 grams of cannabis extract and 800 milligrams of edible cannabis. That is also the most you may buy at one time. At home, you may keep more than those amounts if the excess is stored in your private residence and is not visible from a public place. Homegrown cannabis from your lawful plants can be kept even if it goes over those weight limits. The public limits apply when you carry cannabis, including in a car.
Where can you buy marijuana in New Mexico?
You can buy weed in New Mexico at licensed cannabis retailers regulated by the Cannabis Control Division. Adults 21 and older need a valid ID and may not buy more than two ounces of cannabis, 16 grams of extract and 800 milligrams of edible cannabis at one time. Medical patients can buy through the medical program. Buying from an unlicensed seller is not legal.
Can you grow marijuana at home in New Mexico?
Yes. Adults 21 and older in New Mexico can plant, cultivate and harvest up to six mature cannabis plants and six immature plants per person. A household may have no more than twelve mature plants, even if several adults live there. You may possess the cannabis those plants produce even if it exceeds the usual weight limits. Home extraction may use only nonvolatile solvents, alcohol, carbon dioxide or no solvents. You may transport homegrown plants when you move or for testing or manufacturing.
Where can you use marijuana in New Mexico?
You can smoke weed in New Mexico on private property and in an area authorized by the Cannabis Regulation Act or a local jurisdiction. Smoking in public is not generally authorized except where those rules allow it. Property owners can set their own rules. Using cannabis while driving is not protected. The odor of cannabis, without more, is not reasonable suspicion of a crime.
How do you get a medical marijuana card in New Mexico?
To get a medical marijuana card in New Mexico, you enroll in the medical cannabis program under the Lynn and Erin Compassionate Use Act through the Cannabis Control Division, with a qualified medical provider's certification. Qualified patients and caregivers can buy medical cannabis at licensed medical producers or retailers. The medical program continues alongside adult use and can matter for patients under 21 and for medical-specific products or taxes.
Can visitors buy or use marijuana in New Mexico?
Yes. Out-of-state visitors can buy marijuana in New Mexico if they are 21 or older. The personal-use statute has no residency requirement for adults who possess, purchase or transport lawful amounts. Visitors follow the same two-ounce public limit and home-grow rules as residents. Taking cannabis out of New Mexico across state lines remains illegal under federal law.
What are the rules on driving and marijuana in New Mexico?
No, you can't drive high in New Mexico. The personal-use law does not protect driving while under the influence of cannabis. New Mexico's impaired-driving laws still apply to residents, visitors and medical patients. Possessing a legal amount in the car is not a defense to impaired driving.
Can an employer in New Mexico fire you for using marijuana?
Yes, you can get fired for using marijuana in New Mexico in many jobs. The Cannabis Regulation Act does not generally require private employers to allow cannabis at work or ignore a positive test. Employers may still prohibit possession, use and impairment on the job and may keep drug-free workplace policies, especially where federal rules apply.
What are the penalties for breaking marijuana laws in New Mexico?
In New Mexico, adults 21 and older who stay within the public possession limits, store any excess at home out of public view, and keep plant counts within six mature and six immature per person, and twelve mature per household, are engaging in lawful personal use. Possessing more than two ounces, 16 grams of extract or 800 milligrams of edibles outside the home can lead to enforcement. Selling without a license and using volatile solvents at home are not protected. Driving under the influence remains a separate crime.
Are CBD, hemp and delta-8 products legal in New Mexico?
CBD from lawful hemp can be sold when it meets New Mexico's hemp definition. Delta-8, THCA flower and other intoxicating products that do not meet that definition are treated as cannabis and belong in the licensed market. The Cannabis Control Division does not cap THC concentration in licensed cannabis products, but it may set packaging and serving rules. Separately, a stricter federal hemp definition, with a total-THC standard that counts THCA and a 0.4 mg-per-container cap, takes effect December 11, 2026.
Does federal law still apply in New Mexico?
Yes. Federal law still applies in New Mexico. Marijuana remains a Schedule I controlled substance under federal law, with one exception: since April 28, 2026, marijuana covered by a state medical marijuana license and FDA-approved marijuana products are in Schedule III. A broader federal rescheduling proceeding was stayed on September 29, 2026, and has no decision date. State law does not change federal rules on federal land, on carrying marijuana across state lines, or on federally required drug testing, such as for DOT-regulated jobs.
Has the law in New Mexico changed recently, or is it about to?
New Mexico's adult-use personal-use rules in section 26-2C-25, including the two-ounce public limit and the six-plant home grow, have been in effect since 2021 and remain the core rules in 2026. Licensed sales have been operating for several years. New federal hemp limits take effect November 12 and December 11, 2026.
Legislation
Sources (6)
- New Mexico Statutes §26-2C-25, Personal use of cannabis codes.findlaw.com
- New Mexico Statutes §26-2C-3 (purchase and public-possession limits) codes.findlaw.com
- Cannabis Control Division, personal use rld.nm.gov
- dea.gov
- federalregister.gov
- congress.gov
General information, not legal advice. Laws change often, so check with the state's cannabis agency before relying on this.
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