Is Home Cultivation Of Marijuana Legal in New Mexico?
No, home cultivation of marijuana is not legal in New Mexico. Possession and use of marijuana is only permitted for medical use in New Mexico, and it must be purchased from a licensed dispensary.
What Is The Maximum Number Of Marijuana Plants Allowed For Personal Cultivation in New Mexico?
In New Mexico, individuals 21 and older are allowed to cultivate up to 16 plants for personal use. There is no limit on the number of plants allowed if the individual has a medical marijuana card.
Are There Restrictions On The Growth Stages Of Marijuana Plants (E.G., Vegetative Vs. Flowering) in New Mexico?
Yes. The New Mexico Department of Health has specific regulations governing the growth stages of marijuana plants, including the distinction between vegetative and flowering stages. Most notably, the vegetative stage must not exceed 12 weeks unless granted an extension from the Department. Additionally, each plant must be flowering within 16 weeks of germination in order to remain viable. Finally, growers must obtain a license from the New Mexico Department of Health prior to growing marijuana plants.
Do Home Cultivators Need To Obtain A License Or Permit To Grow Marijuana in New Mexico?
Yes. In order to legally cultivate marijuana in New Mexico, home cultivators must obtain a producer license from the New Mexico Department of Health. The application process requires background checks, criminal history checks, and compliance with other regulations.
Are There Residency Requirements For Those Who Wish To Cultivate Marijuana At Home in New Mexico?
Yes. In order to cultivate marijuana at home in New Mexico, an individual must be a New Mexico resident and must obtain a personal production license (PPL) from the New Mexico Department of Health. The PPL also requires that the applicant is 21 years of age or older, has a valid New Mexico ID or driver’s license, and has not been convicted of a felony involving violence, fraud, or drugs. Additionally, the home must also meet all applicable zoning regulations.
What Are The Location And Zoning Restrictions For Home Cultivation in New Mexico?
In New Mexico, the location and zoning restrictions for home cultivation depend on the local jurisdiction. To ensure compliance with the law, check with your local authorities before beginning any cultivation activities. Generally, individuals 21 years or older may cultivate up to four mature plants, or twelve seedlings, in an enclosed, secure area that is not visible from public areas, such as sidewalks or roads. The plants must be grown in a location that is not accessible to children or pets.
Is It Legal To Share Or Gift Homegrown Marijuana With Others in New Mexico?
No, it is not legal to share or gift homegrown marijuana with others in New Mexico. Possession, sharing, or gifting of any amount of marijuana is illegal without a valid medical marijuana license.
Are There Limitations On The Amount Of Marijuana That Can Be Harvested And Stored in New Mexico?
Yes, there are limitations on the amount of marijuana that can be harvested and stored in New Mexico. A qualified patient may possess up to eight ounces of usable marijuana in their possession. The qualified patient may also possess up to four mature plants and twelve seedlings. A qualified patient may designate a personal production license holder to cultivate marijuana or a state-licensed producer to provide marijuana on the patient’s behalf.
Do State Laws Differentiate Between Medical And Recreational Home Cultivation in New Mexico?
Yes, the state of New Mexico does differentiate between medical and recreational home cultivation. The New Mexico Medical Cannabis Program allows qualified patients to possess up to four (4) ounces of usable cannabis, twelve (12) seedlings, and four (4) mature plants. The New Mexico Regulation and Licensing Department’s Cannabis Control Division is responsible for the regulation of recreational cannabis. Current regulations allow for a person 21 years of age or older to cultivate up to six (6) mature plants in their residence with a valid license.
Are There Restrictions On The Use Of Hydroponic Or Aeroponic Systems For Cultivation in New Mexico?
Yes, there are restrictions on the use of hydroponic or aeroponic systems for cultivation in New Mexico. The state has regulations that govern the use of these systems, including license and permit requirements to install and operate them. Additionally, the systems must be used for growing fruits, vegetables, and flowers only; all other types of plants are strictly prohibited.
Can Landlords Or Property Owners Prohibit Home Cultivation On Their Properties in New Mexico?
Yes, landlords and property owners in New Mexico are allowed to prohibit home cultivation of cannabis on their properties. However, it is important to note that tenants who are legally permitted to possess and cultivate marijuana under the New Mexico Medical Cannabis Program may be able to challenge the landlord’s prohibition.
Are There Regulations Regarding Security Measures For Home Cultivation Sites in New Mexico?
Yes. The New Mexico Department of Health has established specific regulations for the security measures in place at medical cannabis cultivation sites. These include requirements for an access control system, video surveillance, lighting, alarm systems, and other measures. These regulations must be followed in order to obtain approval from the New Mexico Department of Health to cultivate cannabis at home.
How Are Home Cultivators Required To Label And Store Their Harvested Marijuana in New Mexico?
Home cultivators in New Mexico must label the container in which their harvested marijuana is stored with the name of the person who cultivated it, the amount of marijuana in the container, and the date of harvest. The marijuana must be stored in a secure location, out of reach of anyone under 21 years of age. It must also be stored away from sources of excessive heat or light.
Do State Laws Allow For Outdoor Cultivation, And If So, What Are The Regulations in New Mexico?
Yes, outdoor cultivation of cannabis is allowed in New Mexico. Regulations vary from county to county, but generally allow up to four plants per residence, or two flowering plants. Plants must not be visible from public roads or rights-of-way, and must be kept within a fenced area or screened from view with an opaque barrier. Patients cultivating their own cannabis must register with the Medical Cannabis Program. Cultivation for recreational use remains illegal.
Are There Age Restrictions For Individuals Involved In Home Cultivation in New Mexico?
Yes, there are age restrictions for individuals involved in home cultivation of marijuana for medical purposes in New Mexico. Individuals must be at least 21 years of age to be eligible for a medical cannabis production license. Additionally, caregivers must be at least 18 years of age to dispense medical cannabis to qualified patients.
What Is The Penalty For Violating Home Cultivation Regulations in New Mexico?
The penalty for violating home cultivation regulations in New Mexico depends on the amount of cannabis that was cultivated. If more than one ounce was cultivated without authorization, it is considered a fourth-degree felony and is punishable by up to 18 months in prison and/or up to a $5,000 fine. Possession of less than one ounce of cannabis without authorization is a petty misdemeanor punishable by up to 15 days in jail and/or up to a $100 fine.
Do State Regulations Address The Sale Or Exchange Of Homegrown Marijuana in New Mexico?
No, state regulations in New Mexico do not address the sale or exchange of homegrown marijuana. The cultivation, possession, and use of marijuana for medicinal purposes is legal in New Mexico. The state’s medical marijuana program does not permit the sale or exchange of homegrown marijuana. Further, the recreational use of marijuana in New Mexico is still prohibited.
Is It Legal To Make Concentrates Or Edibles Using Homegrown Marijuana in New Mexico?
No, it is not legal to make concentrates or edibles using homegrown marijuana in New Mexico. Under New Mexico law, it is illegal to manufacture, possess, use, or distribute marijuana without a license. Additionally, New Mexico does not recognize any medical use for homegrown marijuana.
Are There Restrictions On The Possession Of Marijuana Plants Or Products In Public Places in New Mexico?
Yes. The possession of marijuana plants or products in public places is strictly prohibited in New Mexico. It is illegal to possess, use, display, transfer, distribute, sell, or cultivate marijuana in public places. This includes any public parks or buildings, on school grounds or in vehicles.
How Can Individuals Access Resources And Guidance On Complying With Home Cultivation Regulations in New Mexico?
Individuals seeking to cultivate cannabis in New Mexico will need to obtain a Cannabis Personal Production License from the New Mexico Department of Health Medical Cannabis Program. This license will allow individuals to legally cultivate cannabis plants in their home or residence for personal use. The Department of Health also provides a website with information about the application process and other relevant rules and regulations. In addition, the National Organization for the Reform of Marijuana Laws (NORML) offers resources and guidance on complying with state-specific home cultivation regulations.