Grow Medical Marijuana in New Mexico
You must be a medical patient registerd with the NM-DOH or assigned as "designated caregiver" for a patient who is register with the NM-DOH in order to obtain a license to produce (grow).
Patients can apply for a license to grow their own supply of medical cannabis. The license should be posted or kept near the growing area. A license to produce allows patients to have four (4) mature plants and twelve (12) seedlings at any given time. A ‘Mature Plant’ is flowering and a ‘Seedling’ is a plant that has not yet flowered.
- to grow 16 plants per patient, only 4 of which can be flowering
- to grow for up to 4 patient(s) as long as you are the "designated caregiver". All growing must be done at the patients residence or property.
- to possess up to six ounces per patient
It is legal...
- to sell, distribute, dispense or transfer cannabis to a person not registered by the NM-DOH
- to possess more than 16 plants per patient
- Grow cannabis on federal property (national parks, BLM land, airports, etc)
- Grow cannabis outside of New Mexico
- to make a fraudulent representation to a law enforcement officer about the person's participation in a medical use of cannabis program to avoid arrest or prosecution for a cannabis-related offense is guilty of a petty misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978. (Lynn and Erin Compassionate Use Act, Section (5)(B))
It is illegal...
Any property interest that is possessed, owned or used in connection with the medical use of cannabis, or acts incidental to such use, shall not be harmed, neglected, injured or destroyed while in the possession of state or local law enforcement officials. Any such property interest shall not be forfeited under any state or local law providing for the forfeiture of property except as provided in the Forfeiture Act. Cannabis, paraphernalia or other property seized from a qualified patient or primary caregiver in connection with the claimed medical use of cannabis shall be returned immediately upon the determination by a court or prosecutor that the qualified patient or primary caregiver is entitled to the protections of the provisions of the Lynn and Erin Compassionate Use Act, as may be evidenced by a failure to actively investigate the case, a decision not to prosecute, the dismissal of charges or acquittal. (Lynn and Erin Compassionate Use Act, Section (4)(G))
A person shall not be subject to arrest or prosecution for a cannabis-related offense for simply being in the presence of the medical use of cannabis as permitted under the provisions of the Lynn and Erin Compassionate Use Act. (Lynn and Erin Compassionate Use Act, Section (4)(H))
Possession of or application for a registry identification card shall not constitute probable cause or give rise to reasonable suspicion for a governmental agency to search the person or property of the person possessing or applying for the card. (Lynn and Erin Compassionate Use Act, Section (7)(F))
A qualified patient or a primary caregiver shall be granted the full legal protections provided in this section if the patient or caregiver is in possession of a registry identification card. If the qualified patient or primary caregiver is not in possession of a registry identification card, the patient or caregiver shall be given an opportunity to produce the registry identification card before any arrest or criminal charges or other penalties are initiated. (Lynn and Erin Compassionate Use Act, Section (4)(D))
- Designated Caregiver
- "Designated caregiver" means a resident of New Mexico who is at least eighteen (18) years of age and who has been designated by the patient's practitioner or qualified patient as being necessary to take 7.34.2 NMAC 2 responsibility for managing the well-being of a qualified patient with respect to the use of marijuana pursuant to the provisions of the act.
- Flowering Plant
- "Flowering Plant(s)" means the that the plant is maturing and showing signs of producing buds.