New Mexico

Medical Program

Lynn and Erin Compassionate Use Act (Senate Bill 523)

Cannabis Regulation Act

• SECTION 5. DEPARTMENT OF HEALTH–DUTIES–TRANSFER OF LICENSING DUTIES.–Except for administration of the medical cannabis registry, the power, duty and authority of the department of health related to the medical cannabis program shall be transferred to the division on the effective date of the Cannabis Regulation Act.
• A person properly licensed and in good standing pursuant to the Lynn and Erin Compassionate Use Act on the effective date of the Cannabis Regulation Act may continue to operate under that license for medical cannabis until comparable licenses for commercial cannabis activity are available.

Adult & Medical Program

Cannabis Regulation Act

Adult use sales went into effect as of April 1, 2022. Adults 21 and older may purchase up to 2 ounces of cannabis, 16 grams of concentrate, 800 mg of edibles.

Municipal Rights & Responsibilities

• A local jurisdiction shall not: (1) prevent transportation of cannabis products on public roads by a licensee that transports cannabis products in compliance with the Cannabis Regulation Act; (2) completely prohibit the operation of a licensee; (3) prohibit or limit signage attached to or located on licensed premises that identifies the premises as a cannabis establishment; (4) require a licensed premises or a cannabis consumption area to be any more than three hundred feet from a school or daycare center that was in existence at the time the cannabis establishment or integrated cannabis microbusiness was licensed; (5) require an existing licensee at a licensed premises to relocate; or (6) prohibit a person from producing homegrown cannabis as provided for in the Cannabis Regulation Act.

Tribal Cooperative Agreements

• The secretary may enter into cooperative agreements with the Pueblos of Acoma, Cochiti, Jemez, Isleta, Laguna, Nambe, Picuris, Pojoaque, Sandia, San Felipe, San Ildefonso, San Juan, Santa Ana, Santa Clara, Santo Domingo, Taos, Tesuque, Zia and Zuni; the Jicarilla Apache Nation; the Mescalero Apache Tribe; and the nineteen pueblos acting collectively for the exchange of information and the reciprocal, joint or common enforcement, administration, collection, remittance and audit of gross receipts tax and cannabis excise tax revenues of the party jurisdictions.

Key Definitions

• “adequate supply” means an amount of cannabis, in any form approved by the department, possessed by a qualified patient or collectively possessed by a qualified patient and the qualified patient’s primary caregiver that is determined by rule of the department to be no more than reasonably necessary to ensure the uninterrupted availability of cannabis for a period of three months and that is derived solely from an intrastate source;
• “cannabis server permit” means an authorization that allows a person to directly offer, sell or serve cannabis or cannabis products as part of commercial cannabis activity in a cannabis consumption area;
• “cannabis server permit education provider” means a person that provides cannabis server education courses and examinations;
• “cannabis training and education program” means a practical or academic curriculum offered by a New Mexico public post-secondary educational institution designed to prepare students for participation in the cannabis industry;
• “integrated cannabis microbusiness” means a person that is authorized to conduct one or more of the following: (1) production of cannabis at a single licensed premises; provided that the person shall not possess more than two hundred total mature cannabis plants at any one time; (2) manufacture of cannabis products at a single licensed premises; (3) sales and transportation of only cannabis products produced or manufactured by that person; (4) operation of only one retail establishment; and (5) couriering of cannabis products to qualified patients, primary caregivers or reciprocal participants or directly to consumers;
• “vertically integrated cannabis establishment” means a person that is authorized to act as any of the following: (1) a cannabis courier; (2) a cannabis manufacturer; (3) a cannabis producer; and (4) a cannabis retailer.