Can I grow marijuana in New Mexico?

The state of New Mexico legalized the limited use and possession of marijuana in June 2021. The legalization law permits adults above the age of 21 to cultivate and consume limited amounts of marijuana for recreation. However, retail sales and public use of marijuana are still prohibited in New Mexico. As of 2021, recreational use of marijuana is legal in 18 states and Washington DC. Also, a 12% excise tax is applied on all recreational marijuana purchases. However, the medical use of marijuana is free of tax.

Everything you need to know about growing marijuana in New Mexico

Legalization of marijuana in New Mexico

The legalization law allows people to possess a maximum of 2 ounces of marijuana and grow six mature plants for recreational use. If there are more than adults in a house, you can grow up to 12 cannabis plants. Moreover, the state forces licensed marijuana producers to retain 10% of the marijuana for medical patients. However, as of now, medical stores cannot sell marijuana for recreational uses yet.

What are the penalties for possession of marijuana?

People are permitted to possess only up to 2 ounces of marijuana. If one is found to possess more than 2 (up to 8) ounces, he/she is charged with a misdemeanor. It can lead to 1 year in prison and a fine of up to $1,000.

However, people who possess more than 8 ounces of marijuana will be charged with a felony. This leads to around a year and a half in jail and a whopping $5,000 fine. However, the state decriminalizes owning small amounts of marijuana for personal use. For the first time, no prison time or fine is applied in such cases.

What are the charges if caught for growing more plants?

The state law sets restrictions to grow marijuana in New Mexico. Adults can grow only 6 cannabis plants at home for personal use. And up to 12 plants for each household, if there is more than one adult. If found growing more than 6 cannabis plants, it is treated as a second-degree felony. The felony is charged with up to 9 years in prison and a fine of up to $10,000.

New Mexico desert wide view

Concerning the recreational in New Mexico

The latest law has legalized people to grow marijuana in New Mexico for recreational purposes. People can buy and store up to 2 ounces of marijuana from licensed retailers. A 12% excise tax is applied to their price. Besides, adults over the age of 21 can grow up to 6 mature cannabis plants for personal use. The distribution of marijuana is prohibited in New Mexico. Likewise, possession of marijuana to distribute it is regarded the same as distributing it. The retail sale of recreational marijuana is expected to start from April 2022.

Concerning the medical in New Mexico

The amount of marijuana permitted for medical uses is more than that for recreational uses. A patient can possess up to 8 ounces of marijuana for medical use. Moreover, a patient can also apply for a PPL (Personal Production License) to grow marijuana in New Mexico. If they have the license, patients can grow up to 16 cannabis plants, with a maximum of 4 flowering plants. Also, the caregiver or patient can give up to two ounces of marijuana to other patients.

How many plants can I grow in New Mexico?

The new law permits adults to grow marijuana in New Mexico for recreational purposes. In such cases, you can grow up to 6 cannabis plants for personal use. Additionally, you can grow up to 6 non-flowering plants. However, if there are two or more adults at home you can grow up to 12 cannabis plants. Also, you can store or possess up to two ounces of marijuana for recreational purposes without a fine or imprisonment. In case of medical uses, a patient can grow up to 16 cannabis plants with a PPL.

What are the felony charges for growing marijuana?

Growing more than 6 cannabis plants is regarded as a second-degree felony. The penalty may be up to 9 years in jail and a fine of up to $10,000. However, repeated felony or growing enormous amounts of marijuana may lead to around 18 years in prison and a fine of up to $15,000.

Where can you grow marijuana in New Mexico?

Adults over the age of 21 years can grow up to 6 mature and 6 immature cannabis plants at home. Also, they can grow up to 12 plants in case of a family with more than one adult. For now, growing marijuana in public places is not encouraged. You can home grow marijuana in New Mexico. Moreover, growing marijuana in drug-free school areas is a first-degree felony. The penalty may be up to 18 years in prison and a fine of up to $15,000.

Can I sell my marijuana plant in New Mexico?

As of 2021, the selling or distribution of marijuana is prohibited in New Mexico. Only licensed retailers can sell marijuana in the state. If you possess marijuana for distributing it, it is still regarded as a distribution of marijuana. However, if there is an exchange of a small amount of marijuana for no money, it is only regarded as a gift.

What is the penalty for selling marijuana?

If you distribute marijuana without a proper license to do so, it is considered a felony. Distribution of 100 pounds or less marijuana calls for 1 and a half years in jail and a fine of up to $5,000. Likewise, a second offense of the same calls for 3 years in jail. Distribution of more than 100 pounds of marijuana calls for 3 years in prison and a $5,000 fine. A second offense of the same calls for 9 years in jail and a $10,000 fine.

Moreover, selling marijuana to a minor leads to around 3 years in prison and a $5,000 fine. A second offense of the same leads to 9 years in prison and $10,000. Also, selling marijuana in drug-free school areas leads to around 18 years in prison and a $15,000 fine.

Do you need a marijuana card in New Mexico?

With the new law, you do not need any card to grow marijuana in New Mexico. However, for now, only licensed retailers sell marijuana in the state. The retail of marijuana in stores will begin in April 2022. However, to acquire marijuana for medical uses, you need to have a medical marijuana registry identity card. These cards are valid for three years. To renew your card, you need to apply at least a month before the expiration date.

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Can I grow marijuana in New Mexico?

YES, you can grow marijuana for medical and recreational purposes 🌿

last update : August 1, 2021