Click here to visit the state’s Cannabis Control Division website for information about different types of cannabis, how to obtain a medical cannabis card, consumption health and safety, and other general FAQs regarding the product and usage.
Is cannabis legal in Santa Fe?
Yes. Adult-use cannabis has been legal in under New Mexico state law since April 1, 2022. Adults over 21 may purchase cannabis from a licensed dispensary or grow it at home. The City of Santa Fe has passed a zoning ordinance in accordance with state law. Click here to read it.
Cannabis can only be possessed in Santa Fe if you are over 21, and there are limits as to how much you can have (covered below). If you are not an American citizen, you should consult an attorney, as cannabis remains federally illegal.
It is illegal to drive while under the influence of cannabis, and it is illegal to be on federal property with cannabis, even if that property is in Santa Fe. It is also illegal to sell or resell cannabis without a license.
How much cannabis can I have in Santa Fe at one time?
You can legally have up to 2 ounces of cannabis, 16 grams of concentrate, and 800 mg of edibles on your person at one time. Any additional cannabis must be stored in a private location like your home.
Where can I smoke, eat or vape cannabis in the city of Santa Fe?
Right now, only inside your house or own your own property (or at someone else’s house if you have permission from the owner). If you do smoke outside, be extremely careful of embers—fires are an extreme danger in New Mexico. Cannabis consumption is not allowed in public, including in parks.
You may have cannabis in your personal vehicle, but it is illegal to consume cannabis in a vehicle – even a parked vehicle – or to operate a vehicle under the influence of cannabis.
Cannabis remains entirely federally illegal, and you can be arrested for possessing any quantity of cannabis if on federal property. This includes places like federal courthouses, federal office buildings, and other federal property.
Can I grow my own cannabis in Santa Fe?
Yes, but be sure to follow NM state laws on growing and consumption.
I want to report someone consuming cannabis illegally. What should I do?
If they are on their own property, they are allowed to, and you should not call the police. If they are on public property or your property, you can call the non-emergency police line at 505-428-3710. Please do not call 911.
Cannabis Licensing
Are adult-use cannabis licenses available in Santa Fe?
Yes. There are seven commercial, adult-use cannabis license types:
- Cannabis Producer License
- Cannabis Producer Microbusiness License
- Cannabis Manufacturer License
- Cannabis Retailer License
- Vertically Integrated Cannabis Establishment License
- Integrated Cannabis Microbusiness License
- Cannabis Consumption Area
How do you suggest I learn more if I’m interested in getting a license?
Read the laws first thoroughly to understand better the high amount of compliance necessary to operate a cannabis business. We suggest starting with these three sets of laws:
- The state law that created the adult-use cannabis program.
- The state cannabis rules that are currently in effect.
- The City of Santa Fe code of ordinances.
How do I apply for a license?
There are many steps in this process. Though there are many ways to go about opening a cannabis business, here is a suggested path:
- Read all the laws linked above.
- Locate a property that complies with zoning. Click here to view the ordinance that made changes to the zoning code.
- We suggest you set up an appointment with zoning.
- Use the state’s checklist as a guide for the state application. The checklist varies, depending on license type:
- Fill out the City of Santa Fe application
- Work with the City of Santa Fe for all matters regarding generally starting a business in the city, including a certificate of occupancy and a certificate of fitness from the State Fire Marshall.