Gardening in New Mexico comes with unique challenges, including knowing which plants are actually illegal to grow. State and federal laws restrict certain plants due to environmental concerns, invasive potential, or because they contain controlled substances.
Understanding these restrictions can save you from unexpected legal troubles and hefty fines.
1. Peyote Cactus
Native to Mexico and southwestern Texas, this small button-shaped cactus contains mescaline, a powerful hallucinogen. Growing peyote without proper authorization violates federal drug laws.
While some Native American churches can legally use peyote in religious ceremonies, homeowners don’t have this exemption. The penalties for cultivation can include significant jail time and fines.
2. Marijuana Plants
Despite changing laws in many states, growing cannabis remains illegal for New Mexico homeowners without proper medical authorization and licensing. The distinctive fan-shaped leaves make these plants easily identifiable to law enforcement.
Even a single plant can result in criminal charges. Medical marijuana patients must follow strict guidelines about plant counts and growing conditions.
3. Opium Poppy
Those beautiful red, pink, or white poppies might seem innocent, but Papaver somniferum varieties contain opium alkaloids and are federally controlled. Many gardeners unknowingly plant these, not realizing they’re breaking the law.
Growing these poppies specifically for ornamental purposes exists in a legal gray area. However, authorities may still question their presence, especially if you grow numerous plants.
4. Jimson Weed
Datura stramonium springs up naturally across New Mexico, but intentionally cultivating this toxic plant for its hallucinogenic properties is illegal. Its trumpet-shaped white or purple flowers appear innocent but hide dangerous compounds.
All parts contain atropine and scopolamine, which can cause severe poisoning, hallucinations, and death. Law enforcement monitors suspicious cultivation of this dangerous native plant.
5. San Pedro Cactus
Similar to peyote in its legal status, San Pedro cactus (Echinopsis pachanoi) contains mescaline and falls under controlled substance laws. The tall, columnar cactus with multiple ribs grows much faster than peyote.
While sometimes sold in nurseries for ornamental purposes, growing it specifically for its psychoactive compounds violates federal law. The distinction between ornamental and illegal intent creates enforcement challenges.
6. Khat Plant
Catha edulis produces stimulant compounds cathine and cathinone that create effects similar to amphetamines. Originally from East Africa and Arabia, this shrub cannot legally be grown in New Mexico.
Fresh leaves are chewed for their stimulant effect in some cultures. Federal authorities classify khat as a Schedule I controlled substance, making possession and cultivation serious offenses with potential prison sentences.
7. Morning Glory (Certain Varieties)
Common in many gardens, certain morning glory varieties like Heavenly Blue contain LSA, a compound related to LSD. Growing these specifically for drug extraction is illegal under federal law.
Regular gardeners planting them for their beautiful trumpet flowers generally aren’t targeted. However, cultivating large quantities specifically for seed harvesting might trigger suspicion from authorities.
8. Salvia Divinorum
Known as “diviner’s sage,” this member of the mint family produces powerful hallucinogenic effects. While not explicitly banned in all states, New Mexico prohibits its cultivation.
The plant contains salvinorin A, one of the most potent naturally occurring hallucinogens. Penalties for growing this sage variety can include significant fines and possible jail time depending on quantity and intent.
9. Certain Invasive Species
New Mexico prohibits growing several invasive plants that threaten native ecosystems. Salt cedar (Tamarix), Russian olive (Elaeagnus angustifolia), and tree of heaven (Ailanthus altissima) top the list of banned species.
These aggressive plants crowd out native vegetation and alter habitats. Homeowners caught intentionally propagating these species face removal orders and potential fines from environmental authorities.
10. Iboga Plant
Tabernanthe iboga contains ibogaine, a powerful psychoactive compound used traditionally in Central African spiritual practices. Federal law classifies ibogaine as a Schedule I controlled substance.
Growing this shrub in your New Mexico garden violates drug laws despite some interest in its addiction treatment potential. The plant is rare in the U.S. but occasionally appears in specialized botanical collections.
11. Certain Ephedra Species
Desert native Mormon Tea (Ephedra nevadensis) is legal, but imported Asian species containing ephedrine alkaloids are regulated. The Chinese species Ephedra sinica contains compounds used to make methamphetamine precursors.
Growing these restricted Ephedra varieties violates the Controlled Substances Act. Legitimate nurseries don’t sell these varieties, so be suspicious of any unusual Ephedra offered through unofficial channels.