New Mexico
Status: In New Mexico, all individuals with a legal prescription may possess and use medical marijuana. State licensed businesses may grow, process, transport, and dispense medical marijuana.
| CBD Program | Medical Program | Recreational Program | Are Applications Open? |
| Legal | Legal | Not legal | closed |
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Number of New Mexico Licenses Available
| Dispensaries | Cultivation | Manufacturing/Processing | Transportation |
| 0 | 0 | 0 | 0 |
You can read the full text of the New Mexico law at: www.nmlegis.gov
New Mexico Medical Marijuana Non-Profit Producer Guidelines
A non-profit producer operates a facility and, at any one time, is limited to a combined total of no greater than 450 mature female plants, seedlings and male plants, and an inventory of usable cannabis and seeds that reflects current patient needs, and that shall sell cannabis with a consistent unit price, without volume discounts or promotional sales based on the quantity purchased. A non-profit producer shall not possess a quantity of either mature female plants or seedlings and male plants that exceeds the quantities authorized by their licensure and associated licensing fee. A licensed non-profit producer may sell and distribute usable cannabis to a person or entity authorized to possess and receive it. A licensed non-profit producer may obtain plants, seeds and usable cannabis from other licensed non-profit producers. A licensed non-profit producer shall conduct its production operations at a single, physical location approved by the department. An additional production facility or facilities may be allowed at the department’s discretion if the non-profit producer is approved to grow more than 150 plants.
- Non-profit producer application fee: A non-profit producer shall submit with its initial application an application fee of ten thousand dollars ($10,000). If the application is denied, the department shall issue a refund of nine thousand dollars ($9,000) to the applicant.
- Non-profit producer license fee: A non-profit producer that is licensed shall submit to the medical cannabis program a non-refundable licensure fee before beginning operations, no earlier than July 1st of each renewal year and no later than August 1st of each renewal year, of: thirty thousand dollars ($30,000) for the first 150 cannabis plants to be possessed by the non-profit producer, and ten thousand dollars ($10,000) for each additional quantity of 50 plants thereafter to be possessed, up to a maximum collective total of 450 cannabis plants.
REQUIRED NEW MEXICO MARIJUANA BUSINESS PLANS FOR NON-PROFIT PRODUCER APPLICATION:
- Cultivation Plan Template
- Environmental Plan Template
- Financial Plan Template
- Fire Safety Plan Template
- Inventory Control Plan Template
- Product Safety Plan Template
- Security Plan Template
- Staffing Plan Template
- Suitability of Proposed Plan Template
- Transportation Plan Template
RECOMMENDED NEW MEXICO MARIJUANA BUSINESS PLANS FOR NON-PROFIT PRODUCER APPLICATION:
New Mexico Medical Marijuana Manufacturer Guidelines
A manufacturer means a business entity that manufactures cannabis-derived product that has been approved for this purpose by the medical cannabis program. A manufacturer applicant shall submit an authorized application form to the program with each initial application and renewal application, together with a fee of one thousand dollars ($1,000) issued to the medical cannabis program. A manufacturer applicant shall comply with the application requirements of this rule, and shall submit such other information as the manufacturer applicant wishes to provide or such information as the department may request for initial approval or periodic evaluation(s) during the approval period.
REQUIRED NEW MEXICO MARIJUANA BUSINESS PLANS FOR MANUFACTURER APPLICATION:
- Manufacturing/Processing Plan Template
- Environmental Plan Template
- Financial Plan Template
- Fire Safety Plan Template
- Inventory Control Plan Template
- Product Safety Plan Template
- Security Plan Template
- Staffing Plan Template
- Suitability of Proposed Plan Template
- Transportation Plan Template
RECOMMENDED NEW MEXICO MARIJUANA BUSINESS PLANS FOR MANUFACTURER APPLICATION:
New Mexico Medical Marijuana Courier Guidelines
A courier means a person or entity that transports usable cannabis within the state of New Mexico from a licensed non-profit producer to a qualified patient or primary caregiver, to another non-profit producer, to an approved laboratory, or to an approved manufacturer. A courier may contract with a licensed non-profit producer to deliver usable cannabis from the non-profit producer to qualified patients, primary caregivers, other non-profit producers, approved manufacturers and approved laboratories; a courier that provides service to more than one licensed non-profit producer shall offer their service at a uniform price for all non-profit producers for whom they deliver; an approved courier shall not transport a cannabis product that is not individually packaged, or that is not labeled in accordance with this rule. The department shall issue an identification card to each authorized employee of an approved courier authorizing that individual to transport cannabis from a non-profit producer to a qualified patient or primary caregiver. An employee of an approved courier shall carry the card at all times that the person transports cannabis, and shall present the card to law enforcement officials upon request. Identification cards issued by the department are the property of the department and shall be returned to the department upon an approved courier’s withdrawal from the program, upon the termination of a card holder’s employment with the approved courier, upon suspension or revocation, or upon demand of the department.
REQUIRED NEW MEXICO MARIJUANA BUSINESS PLANS FOR COURIER APPLICATION:
- Transportation Plan Template
- Financial Plan Template
- Patient Education Plan Template
- Patient Recordkeeping Plan Template
- Inventory Control Plan Template
- Product Safety Plan Template
- Security Plan Template
- Staffing Plan Template
- Suitability of Proposed Plan Template
RECOMMENDED NEW MEXICO MARIJUANA BUSINESS PLANS FOR COURIER APPLICATION:
The History of New Mexico Marijuana
Recreational Marijuana:
On January 24, 2019, state Rep. Javier Martínez introduced House Bill 356, otherwise known as the Cannabis Regulation Act, to legalize recreational marijuana in New Mexico. If passed, the bill would allow individuals 21 years and older to possess and consume marijuana obtained from state-licensed businesses, as well as apply for a Personal Production License to grow plants at home for personal use.
The bill stalled in the Senate without a vote as the legislative session ended on March 16, 2019, effectively killing the bill. Governor Michelle Lujan Grisham has stated that next year’s limited 30-day legislative session will include marijuana reform proposals. In New Mexico, the governor decides what major policy issues are heard during abbreviated legislative sessions in even-numbered years.
On April 3, 2019, Governor Michelle Lujan Grisham signed SB 323 into law to decriminalize marijuana possession in New Mexico. Penalties for possession of up to a half-ounce of cannabis will be decreased to a $50 fine, treated as a penalty assessment misdemeanor and not considered a criminal conviction. The law will go into effect July 1, 2019. This makes New Mexico the 24th state to decriminalize marijuana.
Medical Marijuana:
Governor Bill Richardson signed Senate Bill 523 into law on April 2, 2007, allowing the possession and use of medical cannabis for patients with qualifying medical conditions. The state’s Department of Health (DOH) completed and adopted some rule changes on February of 2015. The department reopened the application process for non-profit producers to add to the existing 23 licensed medical cannabis facilities for a month- the application process closed on May 1, 2015.
Qualifying Medical Conditions: Amyotrophic Lateral Sclerosis (Lou Gehrig’s disease), Anorexia/cachexia, Arthritis, Cancer, Chronic pain, Crohn’s disease, Epilepsy, Glaucoma, Hepatitis C, HIV/AIDS, Hospice patients, Huntington’s disease, Intractable nausea/vomiting, Multiple sclerosis, Painful peripheral neuropathy, Parkinson’s disease, Post-traumatic Stress Disorder, Spinal cord damage.
On April 5, 2019, Governor Michelle Lujan signed SB 406 into law which will make substantial changes to the state’s medical marijuana law, some of which will require new rules and regulations to be written by the state’s health department. Some of the changes include: allowing medical cannabis in school, allowing reciprocity, creating a new Personal Production license to allow patients in rural areas to grow marijuana and send it to manufacturers to process it into products for them, allowing licensed establishment to have “consumption areas”, and extending the validity of patient registration cards to three years.