Last verified: March 2026
Plant Limits
Under the Cannabis Regulation Act (NMSA 1978 §26-2C), adults 21 and older may cultivate cannabis at home under these limits:
| Limit Type | Maximum |
|---|---|
| Plants per person (total) | 12 plants |
| Mature (flowering) per person | 6 plants |
| Mature plants per household | 12 plants (regardless of number of adults) |
This means a single adult can have 12 total plants with up to 6 in the flowering stage. In a household with two or more adults, the household cap of 12 mature plants applies, so two adults could each have 6 mature plants but the household cannot exceed 12 mature plants total.
Growing Requirements
New Mexico imposes specific conditions on home cultivation:
- Locked and enclosed: Plants must be kept in a locked, enclosed space. This can be a locked room, a grow tent with a lock, or a secured greenhouse — but it must be inaccessible to unauthorized persons, especially minors.
- Out of public view: Plants cannot be visible from a public place without the use of binoculars, aircraft, or other vision-enhancing devices. A backyard garden visible from the sidewalk would violate this rule.
- Personal use only: All cannabis grown at home must be for personal consumption. Selling home-grown cannabis is illegal and constitutes unlicensed distribution (a 4th degree felony).
If you process your home-grown cannabis into concentrates, you may only use nonvolatile solvents (such as butter, cooking oil, or CO2). Butane, propane, and other volatile solvent extractions are prohibited for home use due to explosion risk.
What Counts as "Mature"?
A mature plant is one that is in the flowering stage — producing buds. Seedlings, clones, and plants in the vegetative stage (before they begin to flower) count toward your 12-plant total but not toward the 6-mature limit. This distinction matters for gardeners who stagger their grow cycles.
Extraction Rules
Home growers may process their harvest into edibles, tinctures, and concentrates, but with a critical restriction: only nonvolatile extraction methods are permitted. This includes:
- Butter or oil infusion (cannabutter, coconut oil, etc.)
- Water or ice-water hash
- Rosin press (heat and pressure, no solvents)
Volatile solvents such as butane, propane, and ethanol are prohibited for home extraction. These methods require commercial licensing and proper ventilation equipment due to fire and explosion hazards.
Landlord and Rental Restrictions
Landlords and property owners may prohibit cannabis cultivation in rental properties. If your lease includes a no-growing clause, the landlord's restriction takes precedence over your state cultivation rights. Always review your lease before setting up a home grow.
Penalties for Exceeding Limits
Growing more than 12 plants over the legal limit is a 4th degree felony, punishable by up to 18 months in prison and a $5,000 fine. Plants not meeting the locked/enclosed or public view requirements may be seized, and the grower may face civil penalties.
For in-depth cannabis education, dosing guides, safety information, and research summaries, visit our partner site TryCannabis.org
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