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New Mexico Marijuana Laws
New Mexico marijuana laws are considered moderate in comparison to most states. In a given year, law enforcement in the state of New Mexico arrest an average of 3,000 individuals for marijuana related charges. According to the DEA, New Mexico produces around 17,000 pounds of marijuana a year with a street value of up to $139 million dollars. New Mexico also has active hemp laws in effect to study the effectiveness of the hemp industry.
Medical Marijuana Users
In April of 2007, the Lynn and Erin Compassionate Use Act for medical marijuana in the state of New Mexico was signed into law by legislators. This law allowed for the formation of a state-run cannabis production facility and a confidential state registry for marijuana patients. It also defined the amount of cannabis “necessary to constitute an adequate supply” for patients, and set the rules for what kinds of medical ailments could be treated under New Mexico law. Registered patients are allowed to possess 6 ounces of medical cannabis and/or 16 plants with 4 mature and 12 immature in the state.
Non-Medical Users:
New Mexico is somewhat tolerant of non-medical marijuana users who are not in possession of large amounts of marijuana. Even for repeat offenders, the sentences are somewhat light, this does change of users are caught with paraphernalia or with minors or on school grounds.
Penalties for Marijuana Use or Possession in New Mexico:
|
Possession of 1 ounce or less, first offense |
Misdemeanor |
Penalties include up to 15 days in jail and a $50-$1000 fine. |
|
Possession of 1 ounce or less, every other offense |
Misdemeanor |
Penalties include up to 1 year in jail and fines of $100-$1,000 |
|
Possession of 1 to 8 ounces |
Misdemeanor |
Penalties include up to 1 year in jail and fines of $100-$1,000 |
|
Possession of 8 ounces or more |
Felony |
Penalties include up to 18 months in jail and a $5,000 fine |
Penalties for Growing, Selling and Trafficking Marijuana:
Sale or cultivation:
|
100 pounds or less, first offense |
Felony |
Penalties of p to 18 months in jail and a $5,00 fine |
|
100 pounds of less, each additional offense |
Felony |
Penalties of up to 3 years in jail and a $5,000 fine |
|
Over 100 pounds, first offense |
Felony |
Penalties of up to 3 years in jail and a $5,000 fine |
|
Over 100 pounds, each additional offense |
Felony |
Penalties of up to 3 years in jail and a $5,000 fine |
|
Any amount to minors, first offense |
Felony |
Penalties of up to 3 years in jail and a $5,000 fine |
|
Any amount to minors, each additional offense |
Felony |
Penalties of up to 9 years in jail and a $10,000 fine |
|
100 pounds or less within a drug-free school zone, first offense |
Felony |
Penalties of up to 3 years in jail and a $5,000 fine |
|
100 pounds or less within a drug-free school zone, each additional offense |
Felony |
Penalties of up to 9 years in jail and a $10,000 fine |
|
100 pounds or more within a drug-free school zone, first offense |
Felony |
Penalties of up to 9 years in jail and a $10,000 fine |
|
100 pounds or less within a drug-free school zone, each additional offense |
Felony |
Penalties of up to 18 years in jail and a $15,000 fine |
Marijuana Paraphernalia:
|
Possession of Paraphernalia |
Misdemeanor |
Penalties include up to 1 year in jail and a $50-$100 fine |
|
Sale of paraphernalia |
Misdemeanor |
Penalties include up to 1 year in jail and a $1,000 fine |
|
Sale of paraphernalia to minor 3 years or more younger than seller |
Felony |
Penalties include up to 18 months in jail and a $5,000 fine |
Penalties for Driving Under the Influence of Marijuana (DUID)
New Mexico has no DUID or driving under the influence of marijuana laws.
Legal Help with a Marijuana Offense
If you have been charged with a marijuana-related offense in New Mexico, you should immediately seek the expertise of a marijuana attorney. A seasoned marijuana lawyer can guide you through the entire New Mexico legal process to ensure your rights are met and you receive the best judgment possible, be it a plea bargain or even dismissal of your outstanding marijuana related charges.