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Medical Marijuana Caregiver - New Mexico

SUMMARY:   On April 2, 2007, New Mexico Governor Bill Richardson signed into law Senate Bill 523, the "Lynn and Erin Compassionate Use Act," which became effective on July 1, 2007.  This law required the New Mexico Department of Health to formulate rules and regulations, by October 1, 2007, governing the possession, use and distribution of medical marijuana to state-qualified medical marijuana Patients.  These rules pertain to the creation of state-licensed medical marijuana production facilities, development of a confidential medical marijuana Patient registry and a state-authorized medical marijuana distribution system.  The rules also define the amount of marijuana which constitutes an "adequate" supply for qualified medical marijuana Patients.  

New Mexico's medical marijuana law does not allow for reciprocity to protect from prosecution medical marijuana Patients who reside in other states where it is permitted, while visiting the state of New Mexico.  

AMENDMENTS:  In January 2009, the New Mexico Department of Health finalized the rules governing possession, production, distribution and use of medicinal marijuana.  Medical marijuana Patients who are registered with the New Mexico State Department of Health and who have been diagnosed with any of the following diseases or illnesses are legally  protected from criminal prosecution under these rules:

  • Arthritis
  • Severe and chronic pain
  • Painful peripheral neuropathy
  • Intractable nausea/vomiting
  • Severe anorexia or cachexia
  • Hepatitis C for which they are currently receiving antiviral treatment
  • Crohn's disease
  • Post-Traumatic Stress Disorder (PTSD)
  • Amyotrophic Lateral Sclerosis (Lou Gehrig's disease)
  • Cancer
  • Glaucoma
  • Multiple Sclerosis
  • Damage to nerve tissue of the spinal cord with intractable spasticity
  • Epilepsy
  • Hospice patients

Other medical conditions must be approved by the New Mexico Department of Health.  Under the New Mexico Compassionate Use Act, Medical marijuana Patients can legally possess up to six (6) ounces of useable medical marijuana (or more, if authorized by their physicians) and/or sixteen (16) marijuana plants (four (4)  mature and twelve (12) immature).

New Mexico State regulations also allow for state-certified non-profit facilities which can produce and dispense medical marijuana to qualified Patients.  These State-licensed growers can possess up to ninety-five (95) mature marijuana plants at one time. UPDATE:  In December, 2010, the New Mexico Department of Health finalized regulations which increased the number of plants a state-licensed grower may produce at any one time from ninety-five (95) to one hundred fifty (150) plants.  These updated regulations also allow licensed medical marijuana growers to obtain seeds, plants and/or useable medical marijuana from other not-for-profit growers of cannabis.  The State licensing fees for medical marijuana producers are as follows:  $5,000 for growers licensed less than one (1) year, $10,000 for growers licensed for more than one (1) year, $20,000 for growers licensed more than two (2) years and $30,000 for growers licensed for more than three (3) years.  Additional information can be accessed online at

MEDICAL MARIJUANA STATUTES:  The New Mexico statute regarding possession, use and distribution of medical marijuana is the Lynn and Erin Compassionate Use Act, N.M. Stat. Ann. 30-31C-1 (2007).

CAREGIVERS:  The State of New Mexico's medical marijuana law allows for primary Caregivers to be designated by the medical marijuana patients' practitioners and gives them responsibility for managing the well-being of qualified medical marijuana Patients with respect to the medical use of cannabis.  The primary Caregiver must be a resident of the State of New Mexico and at least eighteen (18) years old.  New Mexico's statute regarding medical marijuana Caregivers is N.M. Stat. Ann. 26-2B-3(F) (2007).

CONTACT INFORMATION:   Additional information regarding New Mexico's medical marijuana laws may be accessed through the Medical Cannabis Program Coordinator at (505) 827-2321 (or or by visiting



New Mexico Medical Marijuana Statistics:

Year Law Passed

Voter Percentage

Patient Fee

Approved Patients 2011

Possession Limit

Accepts other State Cards


State Senate, 32-3

$ 0


6 oz usable, 16 plants
(4 mature, 12 immature)



New Mexico Marijuana Caregiver List     New Mexico Marijuana Patient Forum


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