Cannabis
Section 26-2C-25 — two ounces, sixteen grams of extract and eight hundred milligrams of edibles at 21 and older
For a person 21 or older it is lawful, and no ground for detention, search or arrest, to possess, use, buy and carry up to the amount the Cannabis Regulation Act allows, and to keep more than two ounces of cannabis, sixteen grams of extract and eight hundred milligrams of edible cannabis at home if it is not visible from a public place.
Who handles this in New Mexico: Enlace Comunitario; and legal aid programs and the state offices, listed in the New Mexico directory.
The odor is not suspicion. The odor of cannabis or burnt cannabis, or possessing it without evidence of more than the amounts above, is not reasonable articulable suspicion of a crime and not a basis to stop, detain or search a person. That does not apply when an officer is investigating impaired driving.
| In public, at 21 or older | Level |
|---|---|
| In public, at 21 or olderUp to two ounces, sixteen grams of extract and eight hundred milligrams of edibles | LevelLawful |
| In public, at 21 or olderMore than two but not more than eight ounces | LevelMisdemeanor |
| In public, at 21 or olderMore than eight ounces, sixty-four grams of extract or three thousand two hundred milligrams of edibles | LevelFourth degree felony |
At home, up to six mature and six immature plants per person, and no more than twelve mature plants in a household. Producing more than six and up to twelve plants at 21 or older brings a $50 penalty assessment; more than twelve is a fourth degree felony.
Smoking cannabis in a public place outside a consumption area carries a $50 civil penalty. A person under 21 may not possess cannabis, a civil violation answered with a four hour drug education program or four hours of community service. Cannabis is barred on school and daycare premises except for qualified patients and caregivers.
Sources for this section (5)
- NMSA 1978, § 26-2C-25 — Personal use of cannabis
- NMSA 1978, § 26-2C-26 — Limits on personal use; penalties
- NMSA 1978, § 26-2C-27 — Personal production of cannabis; penalties
- NMSA 1978, § 26-2C-30 — Unlawful possession of cannabis; penalties
- NMSA 1978, § 26-2C-29 — Cannabis within restricted area; penalty
Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.