What to know about legal cannabis | Legislature | New Mexico Legislative Session

Question: Who is eligible to purchase and possess cannabis — and how much can you buy?

Answer: Adults 21 and older can buy and possess up to 2 ounces of cannabis or 16 ounces of cannabis extract, or up to 800 milligrams of edible cannabis.

Question: What’s the timeline for this program?

Answer: Licenses to sell cannabis are expected to be issued no later than April 1, 2022 — but it would become legal for adults to use cannabis in 90 days, or around July 1.

Question: Can I grow at home for personal use?

Answer: Yes — up to six plants for an individual or 12 plants for a household with two or more adults over 21.

Question: Can I use in public?

Answer: No. But plans are in place to create approved cannabis consumption areas.

Question: Can anyone apply for a license to produce, sell or transfer cannabis?

Answer: Yes — assuming you are 21 years old and do not have a criminal record related to workplace offenses, such as fraud and embezzlement. Other criminal background convictions may also play a role in eligibility. 

Question: How much will a license cost?

Answer: That depends. Licenses will cost up to $2,500 per year for cannabis producers, manufacturers, retailers and those who want to run cannabis testing and research laboratories. If you want to pay for the works — a vertically integrated combo of all of the options — it would cost up to $7,500. Small businesses would pay $1,000 as an annual fee and $2,500 for a vertically aligned license. And a cannabis server’s license will cost $35. Plus there’s an “up to $50” fee per plant.

Question: What else do I need to operate a cannabis business?

Answer: Water. You must provide proof of legal rights to a commercial water supply. 

Question: Will there be a cap on plant production?

Answer: Yes, until at least the end of 2025. That limit will be determined by Sept. 1.

Question: How will the new recreational cannabis laws work with the current Medical Cannabis Program?

Answer: Current medical cannabis license holders can apply for a dual license to produce and sell recreational cannabis. They will get a 30-day head start on newcomers to the business. In addition, the law will ensure recreational cannabis retailers set aside at least 10 percent of their product for medical cannabis patients to offset concerns about supply shortages. 

Question: Will this initiative make money for the state?

Answer: Yes. How much is another question. The bill’s sponsors say it will bring in about $50 million in new revenue in its first few years, but the bill’s fiscal impact report says that figure is closer to $30 million.

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