Allows Medical marijuana?: Yes
Allows Adult-Use marijuana?: No
2018 Medical Sales : $199,000,000
2022 Projected Medical Sales : $275,000,000
2018 Adult Use Sales : N/A
2022 Projected Adult Use Sales : N/A
Noteworthy Information: New Mexico has a growing medical system. After initially having very little confidentiality protection for cannabis businesses, the state has flipped and now has quite strong confidentiality laws for cannabis businesses. UNM has a research program. Opioid Use Disorder and Alzheimer’s disease passed the state's medical advisory board but were rejected by the State Health Secretary. The governor, Susana Martinez, has vetoed every cannabis-related bill that has crossed her desk in 2017.
Is there a Regulatory Structure? (State Agency): Yes (New Mexico Department of Health)
# of Dispensaries Allowed (# issued):
Called licensed non-profit producers ("LNPP")
The Secretary of the New Mexico Department of Health has the discretion to decide the number of licenses issued. It is not currently accepting new applications.
(Currently 73 LNPP’s)
# of Cultivations Allowed (# issued): No specific limit, but must seek approval from the state to obtain a license. (35 issued)
# of Manufacturers Allowed (# issued): N/A encompassed by LNPP. There are currently thirteen-approved manufacturers in New Mexico’s Medical Cannabis Program that are available to all LNPPs.
# of Testing labs Allowed (# issued): The Secretary of the New Mexico Department of Health has the discretion to decide the number of licenses issued. (3 issued)
Geographic Distribution of Licenses: No required Distribution
lab application fee: $2,200
Manufacturer application fee: $1,000
LNPP application fee : $10,000 (but if the application is denied $9,000 is returned.)
Initial (and then yearly) background check: must pay all associated fees
Licensure fee before beginning operations: $30,000 for the first 150 cannabis, and $10,000 for each additional 50 plants
Yearly background check of everyone associated with marijuana businesses: must pay all associated fees.
Patient renewal application fee: non-refundable $30, and, $50 replacement of card if approved.
patient personal production renewal: $30.
Owners: members of the board of directors must be residents.
Yes (must provide a copy of a New Mexico driver’s license or comparable state of New Mexico or federal issued photo identification card verifying New Mexico residence [no time period mentioned])
Vertical Integration Allowed, Required or Prohibited:
Required. There is a single license for cultivation and sale, called a licensed non-profit producer (LNPP). License holders do not have to have a shop; that is, they can deliver, transfer to couriers to do so, or take to manufacturers. Manufacturers and labs both have separate license types. A manufacturer may be associated with a LNPP or independent.
Medical Marijuana Qualifying Patient Conditions:
21 Statutory Approved Conditions:
Only one condition allowed (stating multiple conditions could delay the application process)
οAmyotrophic Lateral Sclerosis (ALS)
ο Cancer (must specify type)
ο Crohn's Disease
ο Hepatitis C Infection currently receiving antiviral treatment (proof of current anti ‐ viral treatment required)
ο Huntington’s Disease
ο Hospice Care
ο Inclusion Body Myositis
ο Inflammatory autoimmune ‐ mediated arthritis
ο Intractable Nausea/Vomiting
ο Multiple Sclerosis
ο Damage to the nervous tissue of the spinal cord, with (proof of objective neurological indication of intractable spasticity required)
ο Painful Peripheral Neuropathy
ο Parkinson’s disease
ο Post ‐ Traumatic Stress Disorder
ο Severe Chronic Pain
ο Severe Anorexia/Cachexia
ο Spasmodic Torticollis (Cervical Dystonia)
ο Ulcerative Colitis
Yes (however, the NM Dep't of Health may waive testing, or may adopt a staggered, randomized testing schedule)
New Leaf Cannabis Consulting can help you achieve cannabis licensure in New Mexico
The team at New Leaf Cannabis Consulting has assisted cannabis businesses launch successfully throughout the United States. Team New Leaf are high level professionals who are also veterans of this industry: We know what it takes to take you step by step through the licensing process even when regulatory details are unclear.
To learn more or get started, contact us today. We look forward to helping your cannabis business take off in New Mexico.
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State By State Licensing Information
Legality of Cannabis in the United States
Leary v. United States (1969)
Ravin v. State (1975)
Conant v. McCaffrey (2000)
Gonzales v. Raich (2005)
Moncrieffe v. Holder (2013)