New Mexico’s Adult-Use Cannabis Law

In 2021, New Mexico legalized cannabis through the legislative process. The law allows adults 21 and older to possess up to two ounces of cannabis and cultivate a limited number of plants at home. The Cannabis Regulation Act established a regulated market while also including provisions for expungement and social equity.

New Mexico launched its adult-use cannabis sales in April 2022. Since legalization, the state has generated over $200 million in cannabis tax revenue, demonstrating the success of a regulated system that replaces the illicit market with legal, taxed, and tested products.

Improving Expungement Access

New Mexico has taken steps to improve access to cannabis expungement following legalization. A 2023 law allows individuals to check the status of their expungement and request faster processing for eligible cases.

While New Mexico’s legalization law included automatic expungement provisions, implementation challenges have delayed relief for some individuals. Continued improvements are needed to ensure all eligible records are cleared efficiently and equitably.

Medical Cannabis

New Mexico has a well-established medical cannabis program that provides access for patients with a wide range of qualifying conditions. The program includes protections for patients, reciprocity for visitors, and allowances for personal cultivation and product access.

Policymakers continue to consider improvements, including efforts to strengthen employment protections for medical cannabis patients.

For information on New Mexico’s medical marijuana program, including information on qualifying conditions and how to become a patient, please visit the New Mexico Health Department’s information page.

Workplace Protections

Despite legalization, employment protections for cannabis consumers remain an ongoing issue.

Legislation has been introduced in recent sessions to clarify and strengthen protections against adverse employment actions based on lawful cannabis use outside of working hours. Ensuring patients and adult consumers are not penalized for legal behavior remains an important priority.

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