2021 New Mexico Statutes
Article 2C - Cannabis Regulation
Section 26-2C-27 - Personal production of cannabis; penalties.

A. Unless otherwise provided in the Cannabis Regulation Act, it is unlawful for a person without a license to intentionally produce cannabis products except as provided in this section.
B. A person twenty-one years of age or older who intentionally produces:
(1) more than six and up to twelve mature or immature cannabis plants shall be issued a penalty assessment pursuant to Section 31-19A-1 NMSA 1978 and is subject to a fine of fifty dollars ($50.00); and
(2) more than twelve mature or immature cannabis plants is guilty of a fourth degree felony and may be sentenced as provided in Section 31-18-15 NMSA 1978.
C. A person who is eighteen years of age or older but less than twenty-one years of age who intentionally produces:
(1) up to six mature or immature cannabis plants shall be issued a penalty assessment pursuant to Section 31-19A-1 NMSA 1978 and is subject to a fine of fifty dollars ($50.00);
(2) more than six mature or immature cannabis plants and up to twelve mature or immature cannabis plants is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978; and
(3) more than twelve mature or immature cannabis plants is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
D. A person who is less than eighteen years of age who intentionally produces cannabis products is guilty of a civil violation and shall be subject to:
(1) attendance at a four-hour evidence-based drug education and legal rights program at no cost to the minor; or
(2) four hours of community service.
History: Laws 2021 (1st S.S.), ch. 4, § 27.
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

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-3 - Division; powers and duties; rulemaking; advisory committee created; membership; duties.

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-6 - Licensing cannabis activities; limitations; medical cannabis legacy licensing; cannabis shortage for medical program.

Section 26-2C-7 - Commercial cannabis activity licensing; application; issuance and denial of a license.

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-11 - Cannabis server permits; cannabis servers; permit required; applications; education program approval required; issuance or denial of a permit or approval; penalties.

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-21 - Contracts.

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.

Section 26-2C-42 - Cooperation of agencies.