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legal to have marijuana seeds new mexico

New Mexico

Yes. Medical marijuana is legal in New Mexico for patients with qualifying conditions. As of June 29, 2021, adults 21 and older can possess up to 2 ounces (56 grams) of flower, 16 grams of concentrate, and 800 milligrams of edibles outside the home and an unspecified amount at home in a hidden, locked container. They can also grow up to 12 plants without a permit.

Legislation history

In 1978, New Mexico became the first state in the country to pass legislation recognizing the medical value of marijuana. The historic stand was due, in part, to the urging of Lynn Pierson, a cancer patient who died while advocating for marijuana to alleviate nausea, pain, and other symptoms associated with cancer and glaucoma.

In 2007, the New Mexico Legislature passed SB 523 , or the Lynn and Erin Compassionate Use Act. SB 523 legalized medical cannabis and established a system regulated by the New Mexico Department of Health (NMDOH). It directed the NMDOH to establish, implement, and administer the statewide Medical Cannabis Program . This law allows New Mexicans with a physician’s recommendation for treatment of one of 28 recognized medical conditions to use cannabis.

Albuquerque, New Mexico’s biggest city, decriminalized the possession of 1 ounce (28 grams) of marijuana in 2018, making the offense a $25 fine.

Gov. Michelle Lujan Grisham signed SB323 into law on April 3, 2019. The bill decriminalized first-time possession of marijuana for adults 18 and older, reducing possession of under half an ounce (14 grams) to a $50 fine instead of jail time.

On April 12, 2021, New Mexico became the fifth state to legalize cannabis via the legislature when Gov. Michelle Lujan Grisham signed the Cannabis Regulation Act, or HB 2. The law made it legal for adults 21 and older to purchase, possess, consume, and give away to other adults up to 2 ounces (56 grams) of flower, 16 grams of concentrate, and 800 milligrams of edibles. It also legalized growing up to 12 mature plants per household; making edibles and solventless extracts at home; and possessing more cannabis (no limit was given) at home so long as it’s stored in a locked container away from public view. A separate bill, SB 2, automatically expunges the records of those charged with or convicted of activities that wouldn’t be illegal under the new law.

Regulatory oversight

HB 2 set up the Cannabis Control Division (CCD) to promulgate rules and set up licensing procedures for businesses, including those for on-site consumption. It also required licensing considerations to address long-standing issues around race, social equity, and enforcement of cannabis laws. Oversight and regulation of the state’s medical marijuana program—except maintenance of the patient registry—also moved to CCD from the health department.

The New Mexico Department of Health’s Medical Cannabis Program oversaw the state’s medical marijuana program prior to the passage of HB 2. MCP continues to operate the patient registry and maintain the list of qualifying conditions.

Where is it safe to purchase and consume?

Though recreational cannabis has been legalized in New Mexico, it will be some time before retail operations are up and running. In the meantime, only patients and caregivers can purchase medical cannabis from state-licensed nonprofit producers. If patients are unable to make purchases themselves, a caregiver can purchase and deliver medical cannabis on their behalf. Additionally, state-licensed delivery services are available.

Qualified patients may apply for a personal production license, allowing them to grow cannabis for personal use.

Cannabis consumption is limited to private property out of public view. Adults, patients, and caregivers face criminal prosecution or civil penalties for possession, distribution, transfer, or consumption in a school bus or public transportation vehicle, school campuses, workplaces, public parks, recreation centers, or youth centers.

Driving under the influence of cannabis is illegal and consumption in a vehicle is prohibited for drivers and passengers.


As of June 29, 2021, adults 21 and older can possess, consume, and give away to other adults up to 2 ounces (56 grams) of flower, 16 grams of concentrate, and 800 milligrams of edibles. They can possess more cannabis (the law doesn’t specify a limit) at home if it’s stored in a locked container away from public view.

Only patients in the registry and their designated caregivers can legally possess medical cannabis. A qualifying patient has access to ​no more than 8 ounces of cannabis (227 grams) over a three-month period. Once approved, patients and their caregivers can have a combined total of four mature plants and 12 seedlings. Patient possession and cultivation limits are likely to change as the CCD develops new rules.

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How to get a medical marijuana card in New Mexico

Patients in the New Mexico registry are authorized to purchase and consume medical cannabis if they meet certain requirements for eligibility. Patients who have received a physician’s certification for a qualifying condition must submit an application and a valid New Mexico identification card to the NMDOH. Upon approval, registration and written certifications are valid for up to one year.

Patients are required to submit renewal applications at least 30 days before their registry card expires. The NMDOH does not charge a fee for either processing patients’ applications or issuing registry cards.

Qualifying conditions

  • Alzheimer’s Disease
  • Amyotrophic lateral sclerosis (ALS), or Lou Gehrig’s disease
  • Anorexia
  • Autism Spectrum Disorder
  • Cachexia, or wasting syndrome
  • Cancer
  • Cervical dystonia
  • Crohn’s disease
  • Epilepsy and seizure disorders
  • Glaucoma
  • Hepatitis C
  • Hospice care
  • Huntington’s disease
  • Inclusion-body myositis
  • Inflammatory autoimmune-mediated arthritis
  • Intractable nausea or vomiting
  • Intractable spasticity
  • Lewy body disease
  • Multiple sclerosis
  • Obstructive sleep apnea
  • Opioid use disorder
  • Peripheral neuropathy
  • Parkinson’s disease
  • Post-traumatic stress disorder (PTSD)
  • Severe chronic pain
  • Spinal cord damage
  • Spinal muscular atrophy
  • Ulcerative colitis

Anyone can petition NMDOH to add qualifying conditions.

Application process

  1. Complete a patient registry application
  2. Obtain a valid written certification from a qualified healthcare provider
  3. Provide a state-issued driver’s license or identification card to establish proof of New Mexico residency
  4. Designate a caregiver, if applicable
  5. Receive a registry identification card; there is no fee for the card

Caregiver requirements

Patients in the registry who require assistance obtaining or using medical cannabis may designate up to two caregivers. Caregivers must be at least 21 years old and may only provide care for one patient at a time. Caregivers are required to submit their application along with their designated patient’s. Patients younger than age 18 are required to designate at least one adult parent or legal guardian as a caregiver.


On July 1, 2020, New Mexico began allowing out-of-state patients to purchase medical marijuana within the state. The legislation permits patients from any state, the District of Columbia, US territories, and New Mexico native tribes to purchase cannabis in-state. One of the most liberal reciprocity policies nationwide, this reform in New Mexico requires only proof of physician authorization rather than cardholder status. In addition, out-of-state participants may obtain cannabis medicine for conditions other than those listed as qualifying in New Mexico.

Lab testing

The NMDOH requires state-licensed nonprofit producers to contract with at least one independent testing laboratory to ensure that all safety and quality assurance requirements are met.

Certified labs must test for the following:

  • Cannabinoids and potency
  • Heavy metals
  • Microbiological contaminants
  • Moisture and water content
  • Mycotoxins
  • Pesticides
  • Residual solvents

Frequently asked questions

What happens if you get caught with edibles in New Mexico?

Please speak with an attorney for specific questions. After June 29, 2021, you are free to possess up to 800 milligrams of edibles outside the home or more than that at home under lock and key with no penalty.

When will adult-use legalization take effect in New Mexico?

The Cannabis Regulation Act, or HB 2, legalized adult-use cannabis in New Mexico starting June 29, 2021.

Can I Legally Buy Marijuana Seeds In New Mexico.

Growing Cannabis or Marijuana, both the same plant under a different name, is big business, with Oregon alone reporting sales of over $230 million in the last twelve months, and that’s the declared legal distribution, if home-grown product for personal use was included, the final figure would make it one of the biggest industries in the State. With the legalization vote still ongoing with debates about what is and isn’t going to be permissible, many people are asking where can you legally buy Cannabis seeds in New Mexico.

The internet is, a wonderful thing, offering information, videos and advice freely, at the touch of a button, whether it’s computer, phone or tablet. It also offers one of the biggest market places in the world, where almost everything is listed and can quickly and easily be purchased. While many States in America forbid the selling of Marijuana and Cannabis seeds in retail outlets, it is impossible for them to stop people from purchasing them online and having them delivered. Therefore the simple answer is you can legally buy Cannabis seeds in New Mexico online.

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There is a wide selection of different Marijuana seeds, each with it’s own unique flavor, aroma and high. Choosing the right seeds for your garden will take time, you need to read the reviews and decide which seeds are most likely to satisfy your needs. Remember to consider all the aspects of growing your own Cannabis and select seeds that grow well in your chosen environment and are suitable for your level of knowledge and experience.

Many new growers do not realize the importance of selecting the right Cannabis seeds for their growing environment and are subsequently disappointed by the results they achieve. One of the main mistakes is selecting the wrong strains for their area. If you have an indoor grow-room, selecting hybrid indoor seeds will produce the largest, best quality plants. While outdoor strains perform better grown outside, this is often due to increased height and a longer, more relaxed flowering period.Selecting either indoor or outdoor seeds is one of the best ways to find the right seeds for you

Once germinated the laws change, and while you can legally buy Cannabis seeds and have them in your possession, germination, planting and growing them is forbidden in many States and countries. Before you begin growing your own Marijuana make sure you are fully aware of the penalties involved should you be caught, and ensure that in States where growing Cannabis has been legalized, you know the maximum number of plants you are allowed to grow, and at what stage in their development.

You Can Legally Buy Marijuana Seeds.





Growing Cannabis seeds indoors offers a number of advantages, the major being it’s easier to control the conditions and environment the plants are in. If changes to the State laws now allow you to grow Marijuana, the fastest way to achieve that first crop is by growing indoors. With a large selection of many of the most popular strains, we offer some of the finest Cannabis and Marijuana seeds available. Select your favorite seeds and discover just how quickly you can harvest your very first crop of home-grown Marijuana.

A cheaper option, and more common for new growers, is to plant their Cannabis seeds outdoors during the early part of Spring. Left to grow until the days begin to shorten, the plants are capable of becoming extremely large and tall, often more ‘tree-like’ than plant. Yields can be incredible, as the buds and flowers slowly develop until the middle of the Fall, when they are ready to be harvested.

Two Months From Germination To Harvesting

Although growing Cannabis seeds outdoors is the cheapest option, for many new growers, the thought of waiting until the Fall to harvest and enjoy their buds is just too long too wait. New growers who lack experience, may also struggle to look after such large plants, often missing, vital, tell-tale signs of mold, bugs or root infections. There is an alternative. Over the last decade Autoflowering Cannabis seeds have become main-stream and much more popular, especially with new and lesser experienced growers.

Marijuana and Cannabis plants have two distinct stages in their lives; Vegetative and Flowering. To remain in its vegetative or growth stage the plant must receive at least twelve solid hours of uninterrupted daylight. The flowering phase begins once the daylight hours drop to an even 12/12 day and night ratio, and the plant begins to receive less sunlight than it requires to remain in its vegetative phase.

The major advantage with growing Autoflowering seeds is they will flower, bud and mature regardless of the number of hours of darkness they receive. At just a few centimeters tall, and even under twenty-four hour continuous light, the seedlings will still begin to produce flowers, and over the next sixty days will grow and flower simultaneously, resulting in a fully mature Cannabis plant, with identical tasting buds as their regular and feminized counter-parts.

Autoflowering seeds offer new and inexperienced growers the easiest and quickest route to a cheap, but worthwhile harvest. Requiring very little expense, Autoflowering seeds are often referred to as ‘throw-and-grow’ for the ease which they grow, flower and are ready to harvest in around sixty days. The buds are identical to those harvested by traditional growers later in the year, just far quicker and easier to grow. We offer a selection of the most stable Autoflowering seeds, offering a range of tastes, aroma’s and high’s.

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Things to know about recreational pot in New Mexico

SANTA FE, N.M. (AP) — Gov. Michelle Lujan Grisham has promised to sign legislation that legalizes recreational marijuana use and sales in New Mexico for adults 21 and over.

The changes approved Wednesday by the Legislature mean almost any adult can grow marijuana at home for personal use — or for profit under a micro-license agreement. The reforms also usher in a new era for marijuana as big business and make fundamental changes in law enforcement.

Many past pot convictions will be wiped off the books, and the smell of weed is no longer grounds for police searches. Here are a few things to know:


The start of recreational cannabis sales is set for April 1, 2022 — no fooling.

Adults 21 and up can buy and carry outside the home up to 2 ounces (57 grams) of cannabis, with separate limits for extracts and edible products.

An ounce of marijuana fills a sandwich bag and can typically be rolled into nearly 30 joints or cigarettes.

Hobbyists can grow up to six marijuana plants for personal use, or 12 per household.


New indoor and outdoor venues for consuming marijuana are coming soon that might resemble bars or lounges. Those “cannabis consumption areas” will be licensed by the state for a fee.

Pot consumption will be allowed in designated hotel rooms, casinos, cigar bars and tobacco stores. In other public places, marijuana consumption will be treated much like alcohol or cigarettes.

Local governments can’t ban pot businesses but they can set zoning requirements for business locations and hours. Existing medical marijuana dispensaries can’t be easily dislodged.


Advocates for medical cannabis patients say current pot prices in New Mexico are among the highest in the country, straining personal finances for some consumers. That should change as new legislation waives retail taxes on medical marijuana.

Chad Lozano, a former advocate for medical patients and future commercial cannabis producer, says prices for recreational marijuana in New Mexico will be relatively high at first compared with other states and should decline as the market matures.

He says state regulators have the authority to limit mass production and charge special licensing fees of up to $50 per plant annually. Those decisions could drive up retail prices.


New Mexico will set up an automated system for reviewing and expunging criminal records for past marijuana activities that are now legal. Lawmakers set aside a half-million dollars for courts to begin the process.

Those past offenses can no longer be used to bar a person from professional licenses or obtaining a job. Rough estimates show about 100 prison inmates might be pardoned.

New expungement and pardon procedures don’t apply to convictions for trafficking large quantities of illicit marijuana.

Past drug convictions won’t bar individuals from starting a licensed marijuana business, though it is a consideration. In the interest of equitable opportunity, the state will issue “micro-licenses” for a small fee for cultivation of up to 200 plants. Those businesses might come to resemble small craft breweries.


The state will levy a 12% excise tax on the sale of marijuana that eventually increases to 18%. That’s before standard taxes on sales of 5-9%.

By conservative estimates, state and local tax income from recreational cannabis will surpass $45 million annually within three years. One-third of revenues goes toward local government.

Lawmakers haven’t decided yet how to spend the money.

Democratic state Rep. Javier Martínez — lead architect of the state’s legalization effort — wants to create a “rural equity fund” to provide support and possibly subsidies to growers from marginalized communities.

Republican state Sen. Cliff Pirtle has proposed using a share of marijuana excise tax dollars to help protect roadways from pot-impaired drivers, including research on drug-sobriety tests.

Democratic state Sen. Jacob Candelaria, an attorney with marijuana-industry clients, suggests directing half of the state income to New Mexico’s multibillion-dollar trust funds for public education and infrastructure.