| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
|||
| Up to 2 oz | None | None | $ 0 |
| More than 2 oz and up to 8 oz | Misdemeanor | 1 year | $ 1,000 |
| 8 oz or more | Felony | 1.5 years | $ 5,000 |
Distribution |
|||
| Any Amount | Misdemeanor | 1 year | $ 1,000 |
| To a minor (first offense) | Felony | 3 years | $ 5,000 |
| To a minor (second offense) | Felony | 9 years | $ 10,000 |
| Within a daycare or school | Felony | 18 years | $ 15,000 |
| Includes possession with the intent to distribute | |||
| If no payment, exchange of legally purhcased marijuanais treated as possession only. | |||
Cultivation |
|||
| Up to 6 mature plants | None | None | $ 0 |
| More than 6 plants (first offense) | Felony | 9 years | $ 10,000 |
| More than 6 plants (second offense) | Felony | 18 years | $ 15,000 |
| Within a drug-free school zone | Felony | 18 years | $ 15,000 |
Hash & Concentrates |
|||
| Possession up to 16 grams of extract, 800 mg infused edibles | None | None | $ 0 |
| Possession of more than 16 grams of extract, 800 mg infused edibles | 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 | $ 0 |
| Distribution of paraphernalia to a minor | Felony | 1.5 years | $ 5,000 |
Miscellaneous |
|||
| If a person who is 15 years or older is found delinquent of violating the Controlled Substances Act, their license may revoked. | |||
| Updated May 12, 2023 | |||
Penalty Details
On April 12, 2021, Governor Michelle Lujan Grisham signed The Cannabis Regulation Act (HB 2) into law. Adults are legally permitted to purchase and possess up to two ounces of cannabis and/or up to 16 grams of cannabis extract from licensed retailers. The law also permits adults to cultivate up to six mature plants for their own personal use. The personal use provisions took effect on June 29, 2021. Retail sales are anticipated to begin by April 2022.
Separate legislation signed into law simultaneously facilitates the automatic expungement of past convictions for offenses made legal under this act.
Marijuana is a schedule I(c) hallucinogenic substance under New Mexico’s Controlled Substances Act.
- New Mexico Stat. Ann. § 30-31-6
Possession for Personal Use
Possession of up to a two ounces of marijuana for adults over 21 years of age is legal under the state law with no fine or incarceration.
Possession of more than two 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.
- New Mexico Stat. Ann. § 30-31-23
- New Mexico Stat. Ann. § 31-18-15
Distribution
Distribution of any amount of marijuana is a misdemeanor, punishable by up to one year in prison or a $1,000 fine.
If no payment is given, exchange of legally purchased 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.
- New Mexico Stat. Ann. §26-2C-28(b)
- 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
On April 12, 2021, Governor Michelle Lujan Grisham signed The Cannabis Regulation Act (HB 2) into law. The law permits adults to cultivate up to six mature plants for their own personal use. The personal use provisions took effect on June 29, 2021.
For first offenders cultivation of over six plants 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.
- New Mexico Stat. Ann. §30-31-20
Hash & Concentrates
On April 12, 2021, Governor Michelle Lujan Grisham signed The Cannabis Regulation Act (HB 2) into law. Adults are legally permitted to purchase and possess up to 16 grams of cannabis extract from licensed retailers. The personal use provisions took effect on June 29, 2021.
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 more than 16 grams of 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.
- 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 took effect on July 1, 2019.
Possession of paraphernalia for the use or cultivation of marijuana is legal. Possession of paraphernalia is only illegal if it is used for a controlled substance, and legally purchased marijuana is no longer a controlled substance in New Mexico.
- New Mexico Stat. Ann. §30-31-25.1
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.
- 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.
- New Mexico Stat. Ann. § 32A-2-19(H)
Last Updated May 12, 2023
More Information
Legalization
Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.
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.
EXPUNGEMENT
This state has enacted legislation explicitly providing the opportunity for those with marijuana convictions for activities that have since been decriminalized/legalized to have past marijuana convictions expunged, vacated, otherwise set aside, or sealed from public view.
Legalization
Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.
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.