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New Mexico

Allows Medical marijuana?: Yes

Allows Adult-Use marijuana?: No

2018 Medical Sales : $199,000,000

2022 Projected Medical Sales : $275,000,000

2018 Adult Use Sales : N/A

2022 Projected Adult Use Sales : N/A

Noteworthy Information: 
{{COVID-19 Update: Medical cannabis providers are considered an essential service. Patients with cards that expire between March 11 and June 13 will be given an extension of 90 days but still need to submit a renewal application. The state will continue to review new applications. 

New Mexico has a growing medical system. After initially having very little confidentiality protection for cannabis businesses, the state has flipped and now has quite strong confidentiality laws for cannabis businesses. UNM has a research program. Opioid Use Disorder and Alzheimer’s disease passed the state’s medical advisory board but were rejected by the State Health Secretary. The Medical Cannabis Advisory Board will review a petition at their meeting in March to add Opiate Use Disorder as a qualifying condition for medical cannabis. A district judge recently denied the Department of Health’s request to extend the 450-plant limit for producers while rules are updated. A bill negotiated between some Democrats and Republicans would create New Mexico’s own government-operated cannabis dispensaries, making it the first U.S. state to do so if passed. The bill also contains a provision to subsidize medical marijuana for those with “debilitating medical conditions” who are unable to afford treatment. A 17% tax would be placed on recreational marijuana sales and local governments would be able to opt out. Consumption lounges would also be permitted.

Is there a Regulatory Structure? (State Agency): Yes (New Mexico Department of Health)

# of Dispensaries Allowed (# issued): 

Called licensed non-profit producers (“LNPP”)

The Secretary of the New Mexico Department of Health has the discretion to decide the number of licenses issued. It is not currently accepting new applications.
(Currently 77 LNPP’s)

# of Cultivations Allowed (# issued): No specific limit, but must seek approval from the state to obtain a license. (35 issued)

# of Manufacturers Allowed (# issued): N/A encompassed by LNPP. There are currently thirteen-approved manufacturers in New Mexico’s Medical Cannabis Program that are available to all LNPPs. 

# of Testing labs Allowed (# issued): The Secretary of the New Mexico Department of Health has the discretion to decide the number of licenses issued. (3 issued)

Geographic Distribution of Licenses: No required Distribution

Application Fee: 
Lab application fee: $2,200
Manufacturer application fee: $1,000
LNPP application fee : $10,000 (but if the application is denied $9,000 is returned.)
Initial (and then yearly) background check: must pay all associated fees

Licensing Fees: 
Licensure fee before beginning operations: $30,000 for the first 150 cannabis, and $10,000 for each additional 50 plants
Yearly background check of everyone associated with marijuana businesses: must pay all associated fees.

Patient renewal application fee: non-refundable $30, and, $50 replacement of card if approved.
patient personal production renewal: $30.

Residency Requirements: 
Owners: members of the board of directors must be residents.

Yes (must provide a copy of a New Mexico driver’s license or comparable state of New Mexico or federal issued photo identification card verifying New Mexico residence [no time period mentioned])

Vertical Integration Allowed, Required or Prohibited: 
Required. There is a single license for cultivation and sale, called a licensed non-profit producer (LNPP). License holders do not have to have a shop; that is, they can deliver, transfer to couriers to do so, or take to manufacturers. Manufacturers and labs both have separate license types. A manufacturer may be associated with a LNPP or independent.

Medical Marijuana Qualifying Patient Conditions: 
21 Statutory Approved Conditions:  
Cancer
Glaucoma
Multiple Sclerosis
Epilepsy/Seizure Disorder
Spinal Cord Damage with Intractable Spasticity
HIV/AIDS
Painful peripheral neuropathy
Intractable nausea/vomiting
Severe anorexia/cachexia
Hepatitis C infection currently receiving antiviral treatment
Crohn’s disease
Post-Traumatic Stress Disorder
Amyotrophic Lateral Sclerosis
Severe Chronic Pain
Hospice Care
Inflammatory autoimmune-mediated arthritis
Cervical dystonia
Parkinson’s disease
Huntington’s disease
Ulcerative colitis
Inclusion Body Myositis

Testing Required: 
Yes (however, the NM Dep’t of Health may waive testing, or may adopt a staggered, randomized testing schedule)

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