Is CBD legal in New Mexico
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Last updated on 13 July 2021

Hemp-derived CBD is legal in New Mexico, while marijuana-derived CBD is permitted for qualifying patients registered with the state’s medical marijuana program. 

How did CBD become legal?

New Mexico has legalized the production of hemp and products derived from it, including cannabidiol (CBD). In 2017 the legal standard for hemp at 0.3% or less THC by weight was placed, after the 2014 Farm Bill. The bill acknowledges the right of federally recognized Native American tribes to set up their own regulations for hemp. In March 2019, New Mexico lawmakers passed HB 581, legalizing hemp and beginning the process of establishing regulations for its production, testing, transportation and processing. Now, hemp is fully legal in New Mexico, so is hemp-derived CBD Oil, there is no need for a prescription.

Is cannabis legal in New Mexico?

Medical Marijauna is legal in New Mexico, however, recreational use of cannabis is illegal. Marijuana-derived CBD is only allowed for medical marijuana patients.

How old do I need to be to consume?Possession limit of flowerPossession limit for concentrates
N/A   Recreational 18+    Medical                   N/A Recreational         8oz/90 days  MedicalN/A Recreational             8oz/90 days  Medical

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

Are there any penalties for using Cannabis in New Mexico?

Possessing a half ounce of cannabis or less may be fine $50. Those caught possessing more than a half-ounce of cannabis face steeper penalties and jail time.


Hemp-derived CBD is legal in New Mexico. Like North Dakota and Iowa, the state offers a medical marijuana program. Cannabis is only legal for medical use. 


CBD Expert | View posts

With close to two decades of successful stint in the Media industry, I felt I was surely missing a piece in my life puzzle. I took a break and set out to seek the purpose of my life. I travelled, lived out of a suitcase, let things flow into life without resisting, and after five challenging years, I found my rhythm. I love to write about Cannabis and Health and try my best to simplify esoteric concepts into simple ideas for life.

Is CBD Legal in Your State?

What are the CBD regulations in your state? Find out is CBD is legal where you live.

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