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New Mexico Laws & Penalties

Offense Penalty Incarceration   Max. Fine  

Possession

Up to 1/2 oz * None None $ 50
More than 1/2 oz and up to 1 oz (first offense) Misdemeanor 15 days $ 100
More than 1/2 oz and up to 1 oz (second offense) Misdemeanor 1 year $ 1,000
More than 1 oz and up to 8 oz Misdemeanor 1 year $ 1,000
8 oz or more Felony 1.5 years $ 5,000
* The law takes effect on July 1, 2019

Distribution

100 lbs or less (first offense) Felony 1.5 years $ 5,000
Less than 100 lbs or less (second offense) Felony 3 years $ 5,000
100 lbs or more (first offense) Felony 3 years $ 5,000
100 lbs or more (second offense) Felony 9 years $ 10,000
To a minor (first offense) Felony 3 years $ 5,000
To a minor (second offense) Felony 9 years $ 10,000
Within a drug-free school zone Felony 18 years $ 15,000
Includes possession with the intent to distribute
If no payment, exchange of small amount of marijuana is treated as possession only.

Cultivation

Any amount (first offense) Felony 9 years $ 10,000
Any amount (second offense) Felony 18 years $ 15,000
Within a drug-free school zone Felony 18 years $ 15,000

Hash & Concentrates

Possession Misdemeanor 1 year $ 1,000
Distributing or possessing with intent to distribute Felony 3 years $ 5,000
Subsequent convictions or within 1,000 feet of non-secondary school carries increased incarceration and fines.

Paraphernalia

Possession of paraphernalia * None None $ 50
Distribution of paraphernalia to a minor Felony 1.5 years $ 5,000
* The law takes effect on July 1, 2019

Miscellaneous

If a person who is 15 years or older is found delinquent of violating the Controlled Substances Act, their license may revoked.

Penalty Details

Marijuana is a schedule I(c) hallucinogenic substance under New Mexico's Controlled Substances Act.

See

  • New Mexico Stat. Ann. § 30-31-6

Possession for Personal Use

*Democratic Gov. Michelle Lujan Grisham signed legislation into law decriminalizing the possession of personal use amounts of cannabis. The law takes effect on July 1, 2019.

Beginning on July 1, 2019, possession of up to a half-ounce of marijuana is punishable by a fine of $50.

See

  • New Mexico Senate Bill 323 - 2019

For first offenders, possession of more than a half-ounce and up to one ounce of marijuana is a petty misdemeanor and is punishable by a fine of $50-$100 and/or up to 15 days of imprisonment. For subsequent offenses possession of more than a half-ounce and up to one ounce of marijuana is a misdemeanor and is punishable by a fine of $100-$1000 and/or up to one year of imprisonment.

Possession of more than one and up to eight ounces of marijuana is a misdemeanor punishable by a fine of $100-$1000 and imprisonment for up to one year. Possession of eight ounces or more of marijuana is a fourth degree felony and is punishable by 1.5 years of imprisonment and a fine of up to $5,000.

See

  • New Mexico Stat. Ann. § 30-31-23
  • New Mexico Stat. Ann. § 31-18-15

Distribution

Distribution of marijuana is treated the same as possessing marijuana with the intent to distribute it.

For first offenders, distribution of 100 pounds or less of marijuana is a fourth degree felony and is punishable by 1.5 years of imprisonment and a fine of up to $5,000. Subsequent offenses are punished as a third degree felony and offenders may be imprisoned for 3 years, a fine of $5,000 may also be imposed.

For first offenders, distribution of more than 100 pounds of marijuana is third degree felony and is punishable by 3 years of imprisonment and a fine of $5,000. Subsequent offenses are punished as a second degree felony and offenders may be imprisoned for 9 years, a fine of $10,000 may also be imposed.

If no payment is given, exchange of a small amount of marijuana is treated as possession only.

Distribution of marijuana to a minor occurs when a person over the age of 18 distributes marijuana to a person under the age of 18. For first offenders, distribution of marijuana to a minor is a third degree felony and is punishable by 3 years of imprisonment and a fine of $5,000. Subsequent offenses are punishable as a second degree felony and offenders may be imprisoned for 9 years, a fine of $10,000 may also be imposed.

Distributing marijuana within a drug-free school zone is a first degree felony and is punishable by 18 years of imprisonment and a fine of $15,000. There is an exception if the sale occurs in a private residence that is located in a drug-free school zone.

See

  • New Mexico Stat. Ann. §30-31-20(C)
  • New Mexico Stat. Ann. §30-31-21
  • New Mexico Stat. Ann. §30-31-22
  • New Mexico Stat. Ann. § 31-18-15

Cultivation

For first offenders cultivation of marijuana is a second degree felony and is punishable by 9 years of imprisonment and a fine of $10,000. Subsequent offenses are considered a first degree felony and are punishable by 18 years of imprisonment and a fine of $15,000.

Cultivating marijuana within a drug-free school zone is a first degree felony and is punishable by 18 years of imprisonment and a fine of $15,000.

See

  • New Mexico Stat. Ann. §30-31-20

Hash & Concentrates

New Mexico defines hashish as: "the resin extracted from any part of marijuana, whether growing or not, and every compound, manufacture, salt, derivative, mixture or preparation of such resins". Hashish is a Schedule I controlled substance.

Possessing hashish is a misdemeanor punishable by a fine no less than $500 and no greater than $1,000 and/or a term of imprisonment no greater than 1 year. Possessing hashish within 1,000 feet of non-secondary school is a fourth degree felony punishable by a fine no greater than $5,000 and/or a term of imprisonment no greater than 18 months. Drug-free zones do not include private residences, nor vehicles in transit.

Distributing or possessing with intent to distribute hashish is a third degree felony punishable by a fine no greater than $5,000 and a term of imprisonment no greater than 3 years. Subsequent convictions are second degree felonies punishable by a fine no greater than $10,000 and a term of imprisonment no greater than 9 years. Distributing or possessing with intent to distribute hashish within 1,000 feet of a non-secondary school is a second degree felony punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 9 years. Subsequent convictions are first degree felonies punishable by a fine no greater than $15,000 and/or a term of imprisonment no greater than 18 years.

See

  • New Mexico Stat. Ann. § 30-31-2(L)
  • New Mexico Stat. Ann. § 30-31-6(C)(18)
  • New Mexico Stat. Ann. § 30-31-22
  • New Mexico Stat. Ann. § 30-31-23(D),(F)
  • New Mexico Stat. Ann. § 31-18-15

Paraphernalia

*Democratic Gov. Michelle Lujan Grisham signed legislation into law decriminalizing the possession of personal use amounts of cannabis. The law takes effect on July 1, 2019.

Beginning on July 1, 2019, possession of marijuana paraphernalia used for the cultivation, distribution, or inhalation/ingestion of marijuana is punishable by a fine of $50.

See

  • New Mexico Senate Bill 323 - 2019

Distribution of marijuana paraphernalia to a minor occurs when a person over the age of 18 distributes marijuana paraphernalia to a person under the age of 18. This offense is a fourth degree felony and is punishable by a fine of $5,000 and 1.5 years of imprisonment.

See

  • New Mexico Stat. Ann. §30-31-25.1

Miscellaneous

In addition to any other penalty, a child 15 years or older is found delinquent of violating the Controlled Substances Act, their license may revoked.

See

  • New Mexico Stat. Ann. § 32A-2-19(H)
Local Decriminalization

This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.

Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see: Medical Use.