New Mexico

New Mexico Rec Marijuana

New Mexico released the proposed rules for the legal production of recreational marijuana on May 25th, 2021

The proposed rules are based the plant count on a  2019 report by the New Mexico Department of Health (NMDOH). A new study has been commissioned that will provide updated data to determine an appropriate plant count to ensure an adequate supply of medical cannabis. New Mexico has 112,283 medical marijuana patients. 

New Mexico has 34 licensed nonprofit vertically integrated MMJ operators, with 123 dispensaries in operation statewide, according to the most recent state data.

The current proposed rules state that “dispensaries shall make a reasonable effort to sell 25% of their monthly cannabis sales to qualified medical marijuana patients or caregivers.” Regulators want the current proposed rules to require that 25% of medical marijuana and 10% of retail be set aside, as well as, reduced licensing fees on medical pot plants. The new legalization does waive taxes on sales of limited quantities of medical marijuana.

There are three types of cultivation licenses being proposed that will allow for 201 up to 4,500. The current plant limit for medical marijuana growers is 1,750.

An annual application process would allow licensees to increase their plant count in increments of 500. A per plant fee of $22 will be charged annually for more than 3,500 mature plants. A $18 per plant fee will be charged on smaller cultivations.

Growers will be required to submit documents verifying water rights and submit to background searches. No cultivation can take place within 300 feet of schools or day-care centers. 

Comments can be posted online or submitted directly to the agencies. The deadline to submit public comment is at the conclusion of the public rule hearing on Tuesday, June 29, 2021, at 9 a.m. The public rule hearing will be held via video conference and telephone.

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