New Mexico cannabis business compliance guide

Adult-use

A customer may purchase the following:

• Two [2] ounces of flower
• Sixteen [16] grams of extract
• Eight hundred [800] milligrams of edible cannabis; and
• Six [6] immature plants

Medical

A patient may purchase in a three month period no more than:

• 425 units of cannabis

Medical cannabis is defined in “units”, essentially creating a system of equivalence.

The following are considered a single unit:

• 1 gram of dried cannabis leaves/flowers
• 0.2 grams [200 milligrams] of THC in a cannabis derived product

Adult-use

• Excise - 12% but increases over time and only applies to cannabis products

• prior to July 1, 2025, twelve percent;
• beginning July 1, 2025 and prior to July 1, 2026, thirteen percent;
• beginning July 1, 2026 and prior to July 1, 2027, fourteen percent;
• beginning July 1, 2027 and prior to July 1, 2028, fifteen percent;
• beginning July 1, 2028 and prior to July 1, 2029, sixteen percent;
• beginning July 1, 2029 and prior to July 1, 2030, seventeen percent; and
• beginning July 1, 2030, eighteen percent

• Gross Receipts Tax - Varies by municipality and applies to cannabis AND non-cannabis products

• compounding, applies to total sales price + excise tax

Medical

• No gross receipts tax or excise tax

Note: Gross Receipts Tax shall be determined by the store’s location for pickup/in store purchases but for deliveries, shall be determined by the customer’s location

NM Taxation Resources: Gross Receipts Tax Overview, Cannabis Excise Tax Overview, Information for the Cannabis Industry

Payment

• Delivery orders may be prepaid or payment may be received up until the point of delivery. However, orders must be pre-paid if using a courier to deliver as couriers may not be received by a cannabis courier

Delivery Operations

• Pre-verification of the consumer’s identity must be performed through an electronic means, including a third-party technology platform
• Cannabis shall only be delivered to a residential address 
• Maximum retail value of cannabis goods in a delivery vehicle may not exceed $10,000. Each product must be associated with an order
• For adult use delivery orders, gross receipts tax is determined by the customer’s location