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New Mexico Statewide Rule

New Mexico Cannabis Home Cultivation Limits

Few RestrictionsApplies statewide across New Mexico (2026)

Key Facts

Statute
NMSA 26-2C
Per person
6 mature, 6 immature
Household cap
12 mature plants
Age
21 or older

Summary

The New Mexico Cannabis Regulation Act allows adults 21 and older to grow up to six mature and six immature cannabis plants per person, capped at 12 mature plants per household, statewide.

B. A person twenty-one years of age or older who intentionally produces: (1) more than six and up to twelve mature or immature cannabis plants shall be issued a penalty assessment pursuant to Section 31-19A-1 NMSA 1978 and is subject to a fine of fifty dollars ($50.00); and (2) more than twelve mature or immature cannabis plants is guilty of a fourth degree felony and may be sentenced as provided in Section 31-18-15 NMSA 1978.

Source: NMSA 1978 § 26-2C-25 - Personal use of cannabisView official code

Full Breakdown

Under NMSA Chapter 26, Article 2C, the Cannabis Regulation Act preempts local prohibitions on personal home cultivation. Adults 21 or older may cultivate up to six mature and six immature plants for personal use, with a household maximum of 12 mature plants regardless of how many adults reside there. Plants must be grown in a secured space not visible from public areas. Cannabis must remain at the residence and may not be sold. Local governments may not ban personal cultivation but may impose reasonable time, place, and manner rules consistent with state law.

Violations & Penalties

Exceeding limits, public visibility, or sale of home-grown cannabis can lead to civil or criminal penalties under state law.

Frequently Asked Questions

Can a New Mexico city ban home cannabis cultivation?
No. The Cannabis Regulation Act preempts local bans on personal home cultivation, though localities may set reasonable security and visibility requirements.
Can I sell cannabis I grow at home?
No. Home-cultivated cannabis is for personal use only. Selling requires a state-issued cannabis producer or retailer license under the Act.

Sources

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