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Legalization Status

Marijuana (2)

Decriminalized since 2019

Medical Marijuana (1)

Medical since 2007

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Not Recreational

New Mexico Governing Body Information

  • NM Dept Health: Medical Cannabis Program website
  • New Mexico Dispensary Laws: Title 7, Chapter 34, Part 4 – Licensing Requirements for Producers, Couriers, Manufacturers and Laboratories.

2019 Marijuana Packaging Laws Update

In New Mexico, the common term for marijuana is cannabis.

More recently, New Mexico has just decriminalized marijuana.  While the state has not yet legalized marijuana, the cannabis industry undoubtedly welcomes this change to amend the possession of recreational marijuana from a criminal violation to a civil one. According to recent changes made to New Mexico’s cannabis laws, if an individual is caught with recreational marijuana, they will be fined $50 instead of jail or prison time, for first-time offences. Individuals caught with marijuana paraphernalia such as pipes and other similar accessories will also see lowered and reduced penalties. New Mexico’s law takes effect on July 1st, 2019, a few days shy of Independence Day.

In addition to the rules noted above for marijuana manufacturers, non-profit producers must comply with similar rules:

Rules for Non-Profit Cannabis Producers (Rule

  • The corporate name of the cannabis producer
  • The name of the cannabis manufacturer

2018 Marijuana Packaging Laws Update

The Land of Enchantment was one of the early sites of the cannabis legalization way back in 1978 when cancer patient Lynn Pierson fought for research efforts into the medical uses of cannabis for terminal patients like herself. The New Mexico legislature passed an act in her name for this research. Unfortunately, the therapeutic cannabis research project was underfunded and short lived; however, it blazed the trail for state-mandated medical cannabis research. The 2007 passage of the Lynn and Erin Compassionate Use Act, named after two terminally ill advocates, created a medical program in New Mexico.

Despite this program for medical cannabis, those without approved diseases and a state issued license are still subject to laws. The criminal laws for possession, cultivation, and distribution in New Mexico are somewhat relaxed, with minor possession a misdemeanor. These criminal consequences of acting outside of the state medical cannabis program get more severe, with fines going from hundreds to thousands of dollars and jail time going from days to years.

Medical Cannabis Laws in New Mexico

In keeping with the law’s name, the Land of Enchantment strives to provide compassionate medical care with this new and still somewhat unknown plant. They have one of the longest and most liberal lists of qualifying diseases, including relatively vague conditions like “chronic pain” and “intractable nausea.” Also, a medical marijuana patient ID card is pretty easy to get for New Mexico residents. The form must be submitted correctly with parts filled out by a physician, but if it’s complete, there is no charge for a patient ID in the state.

Cannabis Business Rules for the Land of Enchantment

Businesses which wish to cultivate, process, or provide medical cannabis products for New Mexico patients have some pretty well defined regulations to follow (links below). To quote the law, medical cannabis providers “shall package the approved medical marihuana product such that it is child-resistant, tamper-proof/tamper-evident, light-resistant, and in a resealable package that minimizes oxygen exposure.”  Labeling laws also include clear guidelines that include product weight and THC content; specific text and warnings about the contents; as well as unique identifiers and registration numbers for tracking purposes.

2017 Marijuana Packaging Laws Update

If you’re looking to sell medical cannabis or related products in the Land of Enchantment, you need to understand their regulations. New Mexico doesn’t have clear packaging requirements for cannabis products, so standard prescription style secure containers should be sufficient. While New Mexico doesn’t provide specific text to include on labels, they require that businesses clearly label their medical marijuana products with a bunch of information, including manufacturer’s name, cannabis strain, expiration date, storage and use instructions, warnings, and even the results of lab testing. New Mexico cannabis regulations also require that there are warnings on the labels, but don’t specify any text to use. For more details, we’ve provided the text of the relevant act.

“C. Packaging and labeling: a manufacturer applicant shall submit a description and sample of the opaque, child-resistant packaging of the concentrate or cannabis-derived product that the manufacturer shall utilize, including a label that shall contain:

(1) the name of the entity that produced the cannabis and the name of the manufacturer;

(2) a batch number or code;

(3) a production date or expiration date, including a “use by” or “freeze by” date for products capable of supporting the growth of infectious, toxigenic, or spoilage microorganisms;

(4) a description of the number of units of usable cannabis contained within the product;

(5) instructions for use;

(6) warnings for use;

(7) instructions for appropriate storage;

(8) approved laboratory analysis, including the results of strength and composition within ten percent (10%) of numbers shown on the package;

(9) the name of the strain, product facts, or a nutrition fact panel, and a statement that the product is for medical use by qualified patients, to be kept away from children, and not for resale; and

(10) the name of the department-approved testing facility or facilities used for ingredient testing, and the type(s) of testing conducted.”

  • Text is taken from New Mexico regulations: Title 7, Chapter 34, Part 4 – Licensing Requirements for Producers, Couriers, Manufacturers, and Laboratories.
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