{"id":1116,"date":"2019-09-01T23:40:35","date_gmt":"2019-09-01T23:40:35","guid":{"rendered":"http:\/\/www.medicalmarijuanainc.com\/?p=4072"},"modified":"2019-09-01T23:40:35","modified_gmt":"2019-09-01T23:40:35","slug":"new-mexico-marijuana-laws","status":"publish","type":"post","link":"https:\/\/medicalmarijuanainc.com\/2019\/09\/01\/new-mexico-marijuana-laws\/","title":{"rendered":"New Mexico Marijuana Laws"},"content":{"rendered":"

Updated September 2019<\/em><\/p>\n

While New Mexico has yet to legalize recreational marijuana, in 2019 lawmakers decriminalized the possession of up to one-half ounce of marijuana. The state has also passed a comprehensive medical marijuana program. Learn more about New Mexico marijuana laws below.<\/p>\n

Recreational Marijuana in New Mexico<\/b><\/h3>\n

Is marijuana legal in New Mexico? Not quite yet. However, the New Mexico Legislature in March 2019 approved Senate Bill 323<\/a> to decriminalize first-time penalties for the possession of up to one-half ounce of marijuana. Rather than a criminal misdemeanor punishable by up to 15 days in jail, offenders are given a ‘penalty assessment,’ punishable by a $50 fine. Subsequent offenses and instances in which an individual possess more than one-half ounce of marijuana remain subject to jail time. The bill was signed into law by Gov. Michelle Lujan Grisham on April 3, 2019. The reduced penalties take effect on July 1, 2019.<\/p>\n

Until the decriminalization bill takes effect, under state law the possession of 1 ounce or less is a misdemeanor and susceptible to a maximum fine of $100 and up to 15 days in jail for the first offense. Second offenses are subject to maximum fines of $1,000 and up to 1 year in jail. However, two major cities have decriminalized possession. Santa Fe eliminated criminal penalties associated with marijuana possession in 2014. Albuquerque, the state’s largest city, decriminalized up to 1 ounce of marijuana in 2018<\/a>.<\/p>\n

In April 2019, Gov. Lugan Grisham signed into law House Bill 370, The Criminal Record Expungement Act. The new law allows those convicted of certain violations, such as a misdemeanor conviction for marijuana possession, to petition the court for an order to expunge arrest records and public records related to that conviction. The new law takes effect January 1, 2020.<\/p>\n

Full marijuana legalization could arrive to New Mexico shortly. Lugan in July 2019 formed a working group<\/a> dedicated to researching and preparing for New Mexico’s upcoming legal recreational marijuana market.<\/p>\n

Medical Marijuana in New Mexico<\/b><\/h3>\n

Voters of New Mexico approved the Lynn and Erin Compassionate Use Act in 2007 to legalize medical marijuana. The Medical Cannabis Program allows qualified patients to possess up to 8 ounces of medical cannabis over a 90-day period, although more if authorized by the physician.<\/p>\n

The law also allows patients to apply for a Personal Production License, which would allow them to home cultivate a total of 16 plants, including four mature and 12 immature.<\/p>\n

Medical marijuana is approved for the following conditions in New Mexico:<\/p>\n