Marijuana possession, sale, and manufacture are regulated by both state and federal law. In New Mexico, marijuana is classified as a Schedule I substance, which means that it has a high potential for abuse and no generally recognized medical value. (N.M. Stat. Ann. § 30-31-6.) However, despite being a Schedule I drug, New Mexico does allow medical marijuana use under limited circumstances. And while not covered in this article, it is also a crime to drive under the influence of marijuana in New Mexico.
To learn about New Mexico's medical marijuana laws, see New Mexico Medical Marijuana Laws.
For information about charges and penalties for driving under the influence of marijuana in New Mexico, see Driving Under the Influence of Marijuana in New Mexico.
It is a crime to knowingly or intentionally possess marijuana (including small amounts for personal use) in New Mexico. Penalties vary according to the amount possessed, and whether the offense was a first or subsequent violation. Penalties increase if the violation occurs within a posted drug-free school zone. (N.M. Stat. Ann. § 30-31-23.)
Selling or trafficking marijuana (manufacturing or possessing marijuana with the intent to sell it) in New Mexico is illegal. Violations are penalized according to the amount possessed, manufactured, sold, or brought into state; and whether the violation was a first of subsequent offense, with additional penalties for sales to a minor. (N.M. Stat. Ann. § § 30-31-22 &30-31-20.)
It is illegal in New Mexico to manufacture, sell, or use drug paraphernalia (or possess paraphernalia with the intent to do so). Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. Penalties vary according to the violation, with harsher penalties for sales to a minor. (N.M. Stat. Ann. § 30-31-25.1.)
Using paraphernalia (or possessing it with the intent to do so) is a misdemeanor. Penalties include a fine between $50 and $100, up to one year in jail, or both.
Selling paraphernalia (or manufacturing or possessing it with the intent to do so), is a misdemeanor. Penalties include a fine of up to $1,000, up to one year in jail, or both.
Someone who sells paraphernalia to a minor who is at least three years younger than the seller, is guilty of a felony. Penalties include a fine of up to $5,000, up to 18 months in prison, or both.
If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.