Green Rush Consulting provides information on how to open a dispensary in New Mexico. This is including information on other license types the state is offering. Green Rush Consulting has helped win 100+ licenses internationally, and  provides information, Consulting Services, and Application Services to individuals obtaining licenses in the state of New Mexico.

 

In April 2021, Governor Michelle Grisham signed into law House Bill 2 legalizing recreational marijuana within the state. Local governments would not be authorized to ban marijuana businesses entirely, but hold the right to limit the number of cannabis retailers. However, there is no cap on licenses for marijuana businesses currently. Target date for retail sales of marijuana products is April 1, 2022.

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This bill allows for the purchase and possession of up to 2 ounces of cannabis, 16 grams of concentrates, as well as up to 800 milligrams of THC within edibles.

A cap of 12 total plants are allowed to be cultivated in a residence, as long as they are not in public view. 

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New Mexico’s medical marijuana program has nearly 80,000 patients as of November 2019. There are 98 medical dispensary locations across 20 counties as of August 2019, according to NMDOH. New Mexico’s Medical Marijuana Program has one of the most robust distribution networks in the country, with a patient-to-dispensary ratio of 1 store for every 787 patients.

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Available New Mexico Cannabis Adult Use License Types

Each of these different license types requires different sets of documents with an addition of what is also required by the state of New Mexico's Regulation and Licensing Department and Adult Use License Types. 

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New Mexico Cannabis Adult-Use Producer License

Cannabis Producer facility: Fee of up to $2,500, with an additional $1,000 per each licensed premises.

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New Mexico Cannabis Adult-Use Retail Dispensary License

Cannabis Dispensary: Fee of up to $2,500, with an additional $1,000 per each licensed premises. 

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New Mexico Cannabis Adult-Use Courier License

Cannabis Courier service: Fee of up to $1,500 with an additional $1,000 per each licensed premises. 

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New Mexico Cannabis Adult-Use Manufacturer License

Cannabis Manufacturer: Fee of up to $1,500 with an additional $1,000 per each licensed premises. 

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New Mexico Cannabis Vertically Integrated Cannabis Establishment License

Cannabis Establishment: Application fee of up to $125,000. Licensing fee of up to $7,500 with an additional $1,000 per each licensed premises. 

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New Mexico Cannabis Producer Microbusiness  License

Cannabis Producer Microbusiness: Fee of up to $1,000.

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New Mexico Integrated Cannabis Microbusiness License

Integrated Cannabis Microbusiness License: Fee of up to $2,500, with an additional $500 per licensed premises.  

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New Mexico Cannabis Testing Laboratory License

Cannabis Testing Laboratory: Fee of up to $2,500, with an additional $1,000 per each licensed premises. 

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New Mexico Medical Cannabis

Applications included Non-Profit Producer, Manufacturer, and Courier Licenses. Information regarding the New Mexico Medical Cannabis Program can be found on the New Mexico Department of Public Health Website. 

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• As an example, a non-profit producer that is licensed submitted a non-refundable license fee of: $30,000 for the first 150 cannabis plants

• $10,000 for each additional 50 plants - maximum of 450 plants.

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Medical marijuana purchases are exempt from excise tax.

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Qualifying Conditions 

New Mexico’s Department of Health currently lists 28 qualifying conditions. They are:

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Alzheimer's Disease, Amyotrophic Lateral Sclerosis (ALS), Autism Spectrum Disorder, Cancer, Crohn's Disease, Damage to the Nervous Tissue of the Spinal Cord, Epilepsy/Seizure Disorder, Friedreich's Ataxia, Glaucoma, Hepatitis C Infection currently receiving antiviral therapy, HIV or AIDS, Hospice Care, Huntington’s disease, Inclusion Body Myositis, Inflammatory Autoimmune-mediated Arthritis, Intractable Nausea/Vomiting, Lewy Body Disease, Multiple Sclerosis, Obstructive Sleep Apnea, Opioid Use Disorder, Painful Peripheral Neuropathy, Parkinson’s disease, Post-Traumatic Stress Disorder, Severe Anorexia/Cachexia, Severe Chronic Pain, Spasmodic Torticollis (Cervical Dystonia), Spinal Muscular Atrophy, Ulcerative Colitis

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In April 2007, Governor Bill Richardson signed into law Senate Bill 523, the Lynn and Erin Compassionate Use Act, allowing patients and caregivers access to medical marijuana with a physician’s recommendation, regulated by the New Mexico Department of Health (NMDOH). State licensed businesses may grow, process, transport, and dispense medical marijuana. 

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On April 3, 2019, Governor Michelle Lujan Grisham signed SB 323 into law to decriminalize marijuana possession in New Mexico. Penalties for possession of up to a half-ounce of marijuana will be decreased to a $50 fine instead of jail time, treated as a penalty assessment misdemeanor and not considered a criminal conviction. The law went into effect July 1, 2019. 

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On January 24, 2019, state Representative Javier Martínez introduced House Bill 356, also known as the Cannabis Regulation Act, to legalize recreational marijuana in New Mexico. The bill stalled in the Senate without a vote as the legislative session ended on March 16, 2019, effectively killing the bill. 

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As of October 31st, the NMDOH Medical Cannabis Program had more than 78,000 patients.  New Mexico’s Medical Marijuana Program totaled $106 million in 2018. Under the current program design, the Medical Marijuana Program’s total industry revenues are projected to reach $131 million by the end of 2019. If the program allowed patients to fully access medical cannabis, the industry could achieve over $290 million in sales by the end of 2019.

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Amount/types of licenses issued/available

As of November 2019, legalization of recreational marijuana is said to lead to 11,000 jobs and bring in $54 million in tax revenue to the state. Licensed Non-Profit Producers (LNPP) application process is closed. NMDOH is not accepting applications from businesses interested in producing and distributing medical marijuana.

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New Mexico amended its hemp production laws on April 1, 2019, allowing for production, research, and manufacturing of hemp-derived cannabidiol (CBD) in the state.