New Mexico Marijuana Compliance

Recreational and medicinal marijuana are both legal in New Mexico for residents that adhere to New Mexico marijuana compliance guidelines. Recreational marijuana users must be adults 21 years of age or older. Medical marijuana users must be diagnosed with at least one of the approved medical conditions.

While there are laws that protect employees from being denied employment or fired from their jobs if they use medical marijuana, these protections do not apply to employees in safety-sensitive positions, nor to employees who are impaired by marijuana use in the workplace or during employment hours. This is the case whether the person is using cannabis recreationally or for a medical condition. Employers can still drug test and enforce drug-free workplace policies.

Although marijuana is legal in New Mexico, it remains illegal under federal law. Therefore, it’s important to become familiar with marijuana state vs. federal guidelines.

To register for a drug test, simply sign up using the button below. To register via phone, or if you have any questions, we can be reached at (888) 378-2499.

Register Now

This Information Is Not Intended for Legal Purposes

The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Since marijuana testing regulations can vary, we advise you to seek the guidance of expert legal counsel when creating your company’s substance abuse screening program.

New Mexico Marijuana Compliance

New Mexico Marijuana Laws

Overall Status: Fully Legal

New Mexico marijuana laws allow for the use of both recreational and medicinal marijuana, as long as residents follow New Mexico marijuana compliance. Medicinal marijuana users must have a diagnosis of a qualifying medical condition, and recreational users must be an adult 21 years of age or older.

Medical Marijuana: Legal

Medicinal marijuana is legal in New Mexico for patients with specific medical conditions. Registered medical marijuana users may possess up to eight ounces of medicinal marijuana over a 90-day period. New Mexico marijuana laws allow for the cultivation of up to 16 plants (4 mature and 12 immature).

Decriminalized: Yes

In New Mexico, there is no penalty for the possession of small amounts of marijuana. In addition, New Mexico marijuana compliance laws expunge prior low-level marijuana offenses.

Recreational Marijuana: Legal

Recreational marijuana laws in New Mexico allow for the use of recreational marijuana for adults ages 21 and older. Adults in New Mexico may legally possess up to two ounces of marijuana and cultivate up to six marijuana plants.

Last updated 1/15/2024

Frequently Asked Questions

Marijuana is legal in New Mexico for both recreational and medicinal use, as long as residents abide by New Mexico marijuana compliance rules. Employers may not discriminate against marijuana users, but they can still maintain a drug-free workplace.

Are there any unique laws about marijuana in New Mexico?

Children ages 15 or older that violate New Mexico marijuana laws may have their licenses revoked.

In New Mexico, it is illegal to drive under the influence of marijuana. A driver may have to submit a chemical blood, urine, or breath test to determine marijuana or alcohol content in their blood.

What is New Mexico’s history with marijuana?

In 2007, the Lynn and Erin Compassionate Use Act was signed into law, and New Mexico became the first state to license marijuana production at the state level.

In 2019, New Mexico decriminalized the possession of up to one ounce of marijuana as well as related paraphernalia. It became the first state decriminalizing drug paraphernalia.

In 2021, New Mexico became the seventeenth state to legalize recreational marijuana. The Cannabis Regulation Act and the Expungement and Resentencing Act were also enacted, legalizing and regulating the use of marijuana, and also expunging certain marijuana offenses.

What is the punishment for possession in New Mexico?

According to New Mexico marijuana laws, there is no penalty for possessing fewer than two ounces of marijuana. The possession of two to eight ounces of marijuana is a misdemeanor, resulting in one year of incarceration and a $1,000 fine.

The possession of more than eight ounces of marijuana is a felony punishable by 1.5 years in jail and a fine of $5,000.

Drug Panels That Exclude Marijuana

Urine Drug Panels That Exclude Marijuana Testing

Some of the popular drug panels that remove marijuana testing are listed below:

Also try taking a look at our comprehensive list of urine drug tests that exclude marijuana, where you’ll find a complete list of drug tests that do not include THC testing under the “Exclude Marijuana” section.

Hair Drug Panels That Exclude Marijuana Testing

Two of our popular hair tests allow for the option to exclude marijuana from the panel of substances being tested. These include:

For a complete list of our hair drug tests, take a look at our comprehensive list of hair tests.

Drug Panels That Include Marijuana

Urine Drug Panels That Include Marijuana Testing

Many of our testing options include marijuana testing. Below are some of the most popular urine drug tests including marijuana:

Also try taking a look at our comprehensive list of urine drug tests that include marijuana.

Hair Drug Panels That Include Marijuana Testing

Our variety of hair drug tests include many options for marijuana testing. Some of the most commonly ordered hair drug tests are:

A comprehensive list of the hair drug tests that we offer can be found here.

Citations

menu_book
Shivers, Nonnie L. and Lynn, D. Trey. “New Mexico Expands Employment Protections for Medical Marijuana Users.” SHRM, 18 April 2019, https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/new-mexico-expands-employment-protections-for-medical-marijuana-users.aspx
menu_book
Chacón, Daniel J. “New Mexico workplace drug policies evolving.” Santa Fe New Mexican, 1 August 2021, https://www.santafenewmexican.com/news/local_news/new-mexico-workplace-drug-policies-evolving/article_da85af32-e3ec-11eb-ad59-07314d9b4bc2.html
menu_book
“New Mexico Medical Marijuana Law.” NORML, https://norml.org/laws/medical-laws/new-mexico-medical-marijuana-law/
menu_book
“New Mexico: Governor Signs Marijuana Legalization, Automatic Expungement Measures into Law.” NORML, 12 April 2021, https://norml.org/blog/2021/04/12/new-mexico-governor-signs-marijuana-legalization-automatic-expungement-measures-into-law/
menu_book
“New Mexico.” Marijuana Policy Project, https://www.mpp.org/states/new-mexico/
menu_book
“New Mexico Laws and Penalties.” NORML, https://norml.org/laws/new-mexico-penalties-2/
menu_book
“2006 New Mexico Statutes – Section 32A-2-19 — Disposition of an adjudicated delinquent offender.” Justia, https://law.justia.com/codes/new-mexico/2006/nmrc/jd_32a-2-19-d137.html
menu_book
“New Mexico Drugged Driving.” NORML, https://norml.org/laws/drugged-driving/new-mexico-drugged-driving/
menu_book
“Marijuana Reform in New Mexico.” Drug Policy Alliance, https://drugpolicy.org/new-mexico/marijuana-reform
menu_book
“Senate Judiciary Committee Substitute for Senate Bill 2 – Expungement of Arrest and Conviction Records for Certain Cannabis Offenses.” New Mexico Legislature, https://www.nmlegis.gov/Sessions/21%20Special/bills/senate/SB0002JUS.pdf
menu_book
“SB 523 The Lynn and Erin Compassionate Use Act.” Americans for Safe Access, https://www.safeaccessnow.org/sb_523_the_lynn_and_erin_compassionate_use_act