Is Weed Legal in New Mexico? (2026)

Instrument

Personal use of cannabis

Source

https://nmonesource.com/nmos/nmsa-unanno/en/18526/1/document.do

Retrieved

2026-11-07

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26-2C-25. Personal use of cannabis.
    A. The following conduct is lawful for a person who is twenty-one years of age or
older and shall not constitute grounds for detention, search or arrest of a person or
search of property, and cannabis products that relate to the conduct are not contraband
or subject to seizure or forfeiture pursuant to the Controlled Substances Act [Chapter
30, Article 31 NMSA 1978] or the Forfeiture Act [Chapter 31, Article 27 NMSA 1978]:

       (1)     possessing, using, being under the influence of, displaying, purchasing,
obtaining or transporting not more cannabis than authorized by the Cannabis
Regulation Act or the medical cannabis program;

       (2)    possessing in excess of two ounces of cannabis, sixteen grams of
cannabis extract and eight hundred milligrams of edible cannabis if the excess is stored
in the person’s private residence and not visible from a public place;

       (3)   transferring, without financial consideration, to a person who is twenty-one
years of age or older not more than the amount of cannabis lawfully purchased and
obtained pursuant to the Cannabis Regulation Act or the medical cannabis program;

      (4)   ingesting or otherwise consuming cannabis or cannabis products
purchased and obtained pursuant to the Cannabis Regulation Act or the medical
cannabis program;

     (5)     possessing, using, displaying, purchasing, obtaining or manufacturing
cannabis extract using nonvolatile solvents, alcohol or carbon dioxide or no solvents;

       (6)    manufacturing, transporting or giving away to a person twenty-one years
of age or older cannabis paraphernalia;

        (7)   assisting another person who is twenty-one years of age or older in, or
allowing property to be used in, any of the acts described in Paragraphs (1) through (6)
of this subsection;

      (8)   smoking cannabis or cannabis products in an area authorized pursuant to
the Cannabis Regulation Act or a local jurisdiction;

       (9)      possessing, planting, cultivating, harvesting, drying, manufacturing
cannabis products using nonvolatile solvents, alcohol or carbon dioxide or no solvents
or transporting not more than six mature cannabis plants and six immature cannabis
plants per person; provided that despite a household having multiple residents, no more
than twelve mature cannabis plants may be present in one household; and provided
further that if the person does not exceed the maximum number of cannabis plants, the
person may possess the cannabis produced by the cannabis plants notwithstanding any
weight limits; and

       (10) transporting homegrown cannabis or mature or immature cannabis plants
when the person is moving the person’s residence to another location or for purposes of
testing or manufacturing.

   B. Paragraph (6) of Subsection A of this section is intended to meet the
requirements of 21 U.S.C. Section 863(f) by authorizing under state law any person in
compliance with this section to manufacture, possess or distribute cannabis
paraphernalia.

    C. None of the following shall, individually or in combination with each other,
constitute reasonable articulable suspicion of a crime and is not a basis to stop, detain
or search a person:

       (1)    the odor of cannabis or cannabis extract or of burnt cannabis or cannabis
extract;

       (2)    the possession of or the suspicion of possession of cannabis without
evidence of quantity in excess of two ounces of cannabis, sixteen grams of cannabis
extract or eight hundred milligrams of edible cannabis; or

       (3)    the possession of multiple containers of cannabis without evidence of
quantity in excess of two ounces of cannabis, sixteen grams of cannabis extract or eight
hundred milligrams of edible cannabis.

    D. Paragraph (1) of Subsection A and Subsection C of this section shall not apply
when a law enforcement officer is investigating whether a person is operating a vehicle
or watercraft while intoxicated or under the influence of or impaired by alcohol or a drug
or any combination thereof in violation of Section 66-8-102 or 66-13-3 NMSA 1978.

History: Laws 2021 (1st S.S.), ch. 4, § 25.