New New Mexico Recreational Cannabis Laws FAQ

As of April 1, 2022

Is marijuana legal in New Mexico?

• Yes.

Is marijuana legal for recreational use in New Mexico?

• Yes. As of April 1, 2022, it is legal for adults 21 and over to purchase, possess, and consume marijuana for recreational use in New Mexico.

I am not a resident of New Mexico. Can I buy marijuana?

• Yes. Anyone over the age of 21 can purchase, possess, and consume marijuana for recreational use in New Mexico, including out-of-state and out-of-country residents.

Do I need a medical card or special identification to buy marijuana?

• No. You only need to prove you are over the age of 21. You can do this with a driver’s license, state-ID, or passport.

Where can I buy marijuana in New Mexico?

• There are recreational marijuana dispensaries (pot shops) throughout the state. To help you find the recreational shops, we have a complete directory of recreational pot shops in New Mexico.

What kind of marijuana can I purchase in recreational pot shops?

• Every type of cannabis product can be purchased including: flower (buds), hash oil, edibles, cannabis-infused drinks.

How much marijuana can I buy in New Mexico?

• Adults over 21 can purchase up to two ounces of marijuana, 16 grams of cannabis extract, or up to 800 milligrams of cannabis edibles at a time. There is no limit to how many purchases you can make in one day. 

How much marijuana can I possess?

• Adults over the age of 21 can possess up to two ounces of marijuana flower, up to 16 grams of extract and/or concentrate (wax, shatter, oil), or up to 800 milligrams of edibles in public. There is no defined limit to how much in excess of these public possession limits that can be stored at home.

Can I possess marijuana anywhere in the state?

• Almost anywhere. National parks, national monuments, and national forests are Federal lands and you cannot legally possess marijuana on Federal land.

Can I possess marijuana in a car?

• Yes. You can possess up to two ounces of marijuana in a car, but you cannot consume it in a moving vehicle.

Can I smoke marijuana while driving?

• No. You cannot smoke while driving and you cannot drive stoned. Both are illegal.

Where can I smoke marijuana in New Mexico?

• You can smoke marijuana on any private property where marijuana consumption is allowed. New Mexico also allows specially licensed businesses to have a consumption area.

Can I smoke marijuana in public?

• No, not legally. You must be on private property where marijuana consumption is allowed and out of the public view.

Can I smoke marijuana in my hotel?

• Yes, some hotels allow it. But, there are also hotels that don’t. Check with your hotel for their policy. Typically, you would need to get a smoking room or have an outside area where pot smoking is allowed. Check our featured hotels and lodging guide for hotels with private balconies and smoking rooms.

Can I smoke my marijuana with someone under 21?

• No. It is illegal for people under 21 to buy, possess or use retail marijuana. It is illegal for anyone to give, sell to, or share marijuana with anyone under 21.

Can I take marijuana from New Mexico out of state?

• No. You cannot take marijuana from New Mexico outside of the state. You cannot cross the border with it and you can’t fly with it outside of the state.

This is just a general guide and is NOT intended as legal advice. For more information on New Mexico laws, visit the state government’s official website: ccd.rld.state.nm.us/qa/ .