A. The following conduct is lawful for a person who is twenty-one years of age or older and shall not constitute grounds for detention, search or arrest of a person or search of property, and cannabis products that relate to the conduct are not contraband or subject to seizure or forfeiture pursuant to the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978] or the Forfeiture Act [Chapter 31, Article 27 NMSA 1978]:
(1) possessing, using, being under the influence of, displaying, purchasing, obtaining or transporting not more cannabis than authorized by the Cannabis Regulation Act or the medical cannabis program;
(2) possessing in excess of two ounces of cannabis, sixteen grams of cannabis extract and eight hundred milligrams of edible cannabis if the excess is stored in the person's private residence and not visible from a public place;
(3) transferring, without financial consideration, to a person who is twenty-one years of age or older not more than the amount of cannabis lawfully purchased and obtained pursuant to the Cannabis Regulation Act or the medical cannabis program;
(4) ingesting or otherwise consuming cannabis or cannabis products purchased and obtained pursuant to the Cannabis Regulation Act or the medical cannabis program;
(5) possessing, using, displaying, purchasing, obtaining or manufacturing cannabis extract using nonvolatile solvents, alcohol or carbon dioxide or no solvents;
(6) manufacturing, transporting or giving away to a person twenty-one years of age or older cannabis paraphernalia;
(7) assisting another person who is twenty-one years of age or older in, or allowing property to be used in, any of the acts described in Paragraphs (1) through (6) of this subsection;
(8) smoking cannabis or cannabis products in an area authorized pursuant to the Cannabis Regulation Act or a local jurisdiction;
(9) possessing, planting, cultivating, harvesting, drying, manufacturing cannabis products using nonvolatile solvents, alcohol or carbon dioxide or no solvents or transporting not more than six mature cannabis plants and six immature cannabis plants per person; provided that despite a household having multiple residents, no more than twelve mature cannabis plants may be present in one household; and provided further that if the person does not exceed the maximum number of cannabis plants, the person may possess the cannabis produced by the cannabis plants notwithstanding any weight limits; and
(10) transporting homegrown cannabis or mature or immature cannabis plants when the person is moving the person's residence to another location or for purposes of testing or manufacturing.
B. Paragraph (6) of Subsection A of this section is intended to meet the requirements of 21 U.S.C. Section 863(f) by authorizing under state law any person in compliance with this section to manufacture, possess or distribute cannabis paraphernalia.
C. None of the following shall, individually or in combination with each other, constitute reasonable articulable suspicion of a crime and is not a basis to stop, detain or search a person:
(1) the odor of cannabis or cannabis extract or of burnt cannabis or cannabis extract;
(2) the possession of or the suspicion of possession of cannabis without evidence of quantity in excess of two ounces of cannabis, sixteen grams of cannabis extract or eight hundred milligrams of edible cannabis; or
(3) the possession of multiple containers of cannabis without evidence of quantity in excess of two ounces of cannabis, sixteen grams of cannabis extract or eight hundred milligrams of edible cannabis.
D. Paragraph (1) of Subsection A and Subsection C of this section shall not apply when a law enforcement officer is investigating whether a person is operating a vehicle or watercraft while intoxicated or under the influence of or impaired by alcohol or a drug or any combination thereof in violation of Section 66-8-102 or 66-13-3 NMSA 1978.
History: Laws 2021 (1st S.S.), ch. 4, § 25.
Effective dates. — Laws 2021 (1st S.S.), ch. 4 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 29, 2021, 90 days after adjournment of the legislature.
Structure 2021 New Mexico Statutes
Chapter 26 - Drugs and Cosmetics
Article 2C - Cannabis Regulation
Section 26-2C-1 - Short title.
Section 26-2C-2 - Definitions.
Section 26-2C-4 - Department of health; duties; public health and safety advisory committee.
Section 26-2C-5 - Department of health; duties; transfer of licensing duties.
Section 26-2C-8 - Licensees; disciplinary actions; sanctions; civil penalty.
Section 26-2C-9 - Application and licensing fees.
Section 26-2C-10 - Cannabis training and education program licensing; sanctions.
Section 26-2C-12 - Local control.
Section 26-2C-13 - Licensee protections.
Section 26-2C-14 - Protection of underage persons; providing cannabis products to minors; penalties.
Section 26-2C-15 - Transport via courier.
Section 26-2C-16 - Packaging and labeling.
Section 26-2C-17 - Cannabis products; packaging and labeling; division rulemaking.
Section 26-2C-18 - Testing cannabis products; health and safety of employees.
Section 26-2C-19 - Researching cannabis; recordkeeping.
Section 26-2C-20 - Advertising and marketing restrictions.
Section 26-2C-22 - Provision of professional services.
Section 26-2C-23 - Medical cannabis provisions unaffected.
Section 26-2C-24 - Protections for the use of cannabis.
Section 26-2C-25 - Personal use of cannabis.
Section 26-2C-26 - Limits on personal use; penalties.
Section 26-2C-27 - Personal production of cannabis; penalties.
Section 26-2C-28 - Unlicensed sales of cannabis; penalties.
Section 26-2C-29 - Cannabis within restricted area; penalty.
Section 26-2C-30 - Unlawful possession of cannabis; penalties.
Section 26-2C-31 - Unlicensed manufacturing of cannabis extract; penalty.
Section 26-2C-32 - Exemption from criminal and civil penalties; researchers.
Section 26-2C-33 - Reporting requirements for cannabis-related violations.
Section 26-2C-34 - Employer protections; exemptions.
Section 26-2C-35 - Appeal of rules.
Section 26-2C-36 - Public records and open meetings.
Section 26-2C-37 - Intrastate source.
Section 26-2C-38 - Imports and exports.
Section 26-2C-39 - Cannabis regulation fund.
Section 26-2C-40 - Plant limit. (Repealed effective December 31, 2025.)
Section 26-2C-41 - Indian nations, tribes and pueblos; intergovernmental agreements.