New Mexico Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of New Mexico. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
LEGALCBD products derived from hemp with less than 0.3% Delta-9 THC are legal in New Mexico. The state follows the 2018 Farm Bill and regulates hemp and CBD under the New Mexico Hemp Manufacturing Act (NMSA 1978, Chapter 75, Article 31).
Possession
Possession of hemp-derived CBD products is legal for adults. No specific possession limits are imposed.
Sale
Sale of hemp-derived CBD products is legal with proper licensing under the New Mexico Department of Agriculture's hemp program.
Penalties
Possession or sale of non-compliant products (above 0.3% THC) can result in misdemeanor or felony charges under state drug laws.
Age Restriction
18+ for purchase and possession.
Delta-8 THC
RESTRICTEDNew Mexico allows hemp-derived cannabinoids including Delta-8 THC under the New Mexico Hemp Extract Act (NMSA 1978, § 26-2C-1 et seq.). However, Delta-8 THC products must contain less than 0.3% Delta-9 THC and comply with state hemp regulations. The state regulates sale and possession but prohibits Delta-8 THC in products marketed to minors.
Possession
Legal if product contains less than 0.3% Delta-9 THC and is hemp-derived.
Retail Sale
Allowed under hemp product regulations; must be tested and labeled per NM Department of Agriculture rules.
Penalties
Possession or sale of non-compliant products can result in fines or misdemeanor charges under state controlled substances laws.
Age Restriction
21+ for purchase.
Delta-9 THC Edibles
LEGALHemp-derived Delta-9 THC edibles (under 0.3% THC by dry weight) are legal in New Mexico under the 2018 Farm Bill. In late 2025, the NMED issued an emergency rule, which became permanent in January 2026, banning synthetic cannabinoids and establishing comprehensive regulations for all hemp-derived...
Possession
Legal under 0.3% THC by dry weight
Retail Sale
Legal at retail and online
Penalties
Products exceeding 0.3% THC are treated as marijuana.
Age Restriction
21+ in most jurisdictions
Kratom
RESTRICTEDKratom is legal in New Mexico, with no specific state laws banning or restricting its possession or sale. There are no age restrictions or regulations specific to kratom under New Mexico statutes.
Possession
Legal to possess kratom; no state restrictions.
Sale
Legal to sell kratom; no state restrictions.
Penalties
N/A
Age Restriction
None
Psilocybin / Magic Mushrooms
ILLEGALPsilocybin mushrooms remain illegal under New Mexico state law as a Schedule I controlled substance under the New Mexico Uniform Controlled Substances Act (NMSA 1978, § 30-31-2). However, in 2022, Albuquerque decriminalized possession of small amounts of psilocybin mushrooms, making enforcement a low priority locally.
Possession
Illegal statewide; possession is a criminal offense. Albuquerque city ordinance deprioritizes enforcement of possession of up to 3 grams.
Distribution
Illegal statewide; sale and distribution are criminal offenses.
Penalties
Possession is a misdemeanor or felony depending on amount; penalties include fines and imprisonment. Sale can lead to felony charges.
Age Restriction
None (illegal for all ages).
Recreational Marijuana
LEGALRecreational marijuana is legal for adults 21+ in New Mexico. No significant legislative changes since 2023.
Personal Possession
Adults 21+ may possess up to 2 oz of flower, 16 grams of extract, and 800 mg of edibles. Home cultivation of up to 6 mature and 6 immature plants per person is allowed.
Retail Purchase
Legal through licensed dispensaries under the Cannabis Regulation Act. Delivery is permitted.
Penalties
Possessing over 2 oz is a misdemeanor. Over 8 oz is a fourth-degree felony. Public consumption is a petty misdemeanor ($50 fine).
Age Restriction
21+
Salvia
RESTRICTEDSalvia divinorum is not a controlled substance in New Mexico and is legal to possess, sell, and use. No significant legislative changes.
Possession
Legal. Salvia divinorum is not a controlled substance in New Mexico. No restrictions on personal possession.
Sale
Legal to sell in retail stores and online in New Mexico. No special licensing required.
Penalties
N/A
Age Restriction
None