Best Cannabis Law Lawyers in New Mexico

About Cannabis Law in New Mexico, United States

Cannabis law in New Mexico has undergone significant changes in recent years. The state legalized medical cannabis in 2007 under the Lynn and Erin Compassionate Use Act, and recreational cannabis use became legal for adults aged 21 and over on June 29, 2021, following the passage of the Cannabis Regulation Act. Residents and visitors should know that both medical and adult-use cannabis are regulated, with specific rules for possession, cultivation, distribution, and sales. The New Mexico Regulation and Licensing Department oversees the regulation of commercial cannabis operations through the Cannabis Control Division. Although cannabis is legal under state law, it remains illegal under federal law, which can cause complications in certain situations.

Why You May Need a Lawyer

Legal issues in cannabis law can be complex, even though marijuana is now legal for medical and recreational purposes in New Mexico. Common situations where a lawyer’s assistance may be necessary include:

• Facing criminal charges related to cannabis beyond the legal limits
• Starting or operating a cannabis-related business and navigating licensing requirements
• Employment-related disputes involving cannabis use or discrimination
• Expunging prior cannabis-related criminal records
• Landlord-tenant conflicts about cannabis use or cultivation on rental property
• Concerns about driving under the influence of cannabis
• Federal law conflicts and navigating regulations in unique situations like public housing or military service
• Taxation issues related to cannabis businesses
• Issues with regulatory compliance such as packaging, advertising, and labelling
• Understanding medical use rights for yourself or your dependents

Local Laws Overview

Key aspects of New Mexico cannabis law include:

• Adults 21 and over may possess up to 2 ounces of cannabis, 16 grams of extract, and 800 milligrams of edible cannabis outside the home
• Adults may cultivate up to 6 mature and 6 immature plants per person, up to a household total of 12 mature plants
• Home use and private consumption are allowed, but public use is generally prohibited except in licensed cannabis consumption areas
• Cannabis cannot be transported across state lines, even to other legal states
• There are strict requirements for cannabis business licensing, zoning, advertising, and product safety
• Driving under the influence of cannabis is illegal and treated similarly to drunk driving
• Employers may still enforce drug-free workplace policies and take disciplinary action for cannabis use in some cases
• Expungement is available for some past, low-level cannabis convictions

Frequently Asked Questions

Is cannabis legal for recreational use in New Mexico?

Yes, as of June 2021 adults 21 and over can legally possess and use cannabis in New Mexico.

How much cannabis can I possess in New Mexico?

Adults may possess up to 2 ounces of cannabis flower, 16 grams of extract, and 800 milligrams of edible cannabis in public. Larger quantities must be stored in private, out of public view.

Can I grow my own cannabis at home?

Yes, adults may grow up to six mature and six immature plants per person, and up to 12 mature plants per household.

Can I use cannabis in public places?

No, public consumption is prohibited except in designated, licensed cannabis consumption areas.

Are there restrictions on cannabis-related businesses?

Yes. Businesses require state licenses, and there are regulations on sales, advertising, security, and packaging. Local governments may also impose zoning rules.

What about prior convictions for cannabis offenses?

Many prior cannabis-related convictions may be eligible for automatic expungement due to legal changes. Consulting a lawyer can help clarify eligibility.

Is medical cannabis still available?

Yes. New Mexico maintains its medical cannabis program, allowing patients with qualifying conditions to access cannabis with a state-issued card.

What happens if I am caught driving under the influence of cannabis?

Driving under the influence of cannabis is illegal and can result in arrest, fines, license suspension, and even jail time, similar to DUI for alcohol.

Can employers fire me for using cannabis?

Employers can enforce drug-free workplace policies and may terminate or discipline employees for cannabis use, especially in safety-sensitive jobs or if use affects work performance.

Can I take cannabis across state lines or on federal property?

No. Cannabis is illegal under federal law. Transporting it across state lines or onto federal land, including national parks, is a crime.

Additional Resources

• New Mexico Regulation and Licensing Department, Cannabis Control Division
• New Mexico Department of Health, Medical Cannabis Program
• New Mexico Legal Aid
• State Bar of New Mexico
• Local city and county cannabis regulatory offices

Next Steps

If you need legal assistance regarding cannabis law in New Mexico, start by identifying your specific issue, such as personal possession, business licensing, employment, or expungement. Gather any relevant documents or information about your situation.

Consider reaching out to a qualified attorney with experience in cannabis law, as they can guide you through the complex and evolving legal landscape. You may also contact local legal aid organizations or the State Bar of New Mexico for referrals to lawyers or self-help resources.

Always be honest and transparent with your legal representative and ask questions about your rights and obligations under both state and federal laws. Regularly review updates from the Cannabis Control Division to remain informed about changes in regulations and compliance requirements.

Taking these steps can help protect your legal interests and ensure peace of mind as you navigate New Mexico’s cannabis laws.