New Mexico Cannabis Regulation Act (2021) allows adults 21+ to grow up to 6 mature and 6 immature plants per person (12 total mature per household with 2+ adults). Plants must be in locked, enclosed space not visible from public. Bernalillo County adds no stricter local cap.
The New Mexico Cannabis Regulation Act (2021, codified at NMSA §26-2C-1 et seq.) permits adults 21 and older to cultivate up to 6 mature and 6 immature cannabis plants per person at their primary residence, with a household maximum of 12 mature plants regardless of adult count. Plants must be grown in a locked, enclosed area not visible from any public place — this includes outdoor cultivation behind opaque fencing of at least 6 ft, or indoor cultivation. Bernalillo County and the City of Albuquerque have not enacted stricter numeric caps than state law allows. Landlords may prohibit cultivation in rental leases. HOA restrictions on cultivation are generally permitted but cannot violate the NM Solar Rights Act if indoor grows use rooftop solar. Cultivation for sale requires a licensed commercial producer permit through the NM Cannabis Control Division. Sales to others (even non-commercial) are prohibited for home growers.
Exceeding plant limits: civil penalty up to $50 per plant, criminal charges if deemed for distribution under NMSA §30-31-22. Visible outdoor grow: nuisance citation $100 to $500. Unlicensed sales: felony under NMSA §30-31-20.
Bernalillo County, NM
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See how Bernalillo County's home cultivation rules stack up against other locations.
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