New Mexico: Medical Marijuana Law Overview and State Fines/Penalties

[David Bowman]

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

Possession for Personal Use
For first offenders, possession of 1 ounce or less 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 1 ounce or less of marijuana is a misdemeanor and is punishable by a fine of $100-$1000 and/or up to 1 year of imprisonment.

See:

• New Mexico Stat. Ann. § 30-31-23(B)(1)
• New Mexico Stat. Ann. § 31-18-15
• New Mexico Stat. Ann. § 30-31-6

Possession of 1-8 ounces of marijuana is a misdemeanor punishable by a fine of $100-$1000 and imprisonment for up to 1 year. Possession of more than 8 ounces of marijuana is a fourth degree felony and is punishable by 1.5 years of imprisonment and a fine of up to $5,000.

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

For first offenders, distribution of less than 100 pounds 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.

See:

• New Mexico Stat. Ann. § 30-31-22(A)(1)(a-b)

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.

See:

• New Mexico Stat. Ann. § 30-31-22(A)(1)(c-d)

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

See:

• New Mexico Stat. Ann. §30-31-22(E)

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.

See:

• New Mexico Stat. Ann. §30-31-21

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)

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.

See:

• New Mexico Stat. Ann. §30-31-20(B)

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(C)

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.

See:

• New Mexico Stat. Ann. § 30-31-2(L)
• New Mexico Stat. Ann. § 30-31-6(C)(18)

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.

See:

• New Mexico Stat. Ann. § 30-31-23(D),(F)
• New Mexico Stat. Ann. § 31-18-15(A),(E)

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. § 30-31-22(A),(D)
• New Mexico Stat. Ann. § 31-18-15(A),(E)

Any device or equipment used to create or manufacture hashish is considered drug paraphernalia. Possessing any such device or equipment is a misdemeanor punishable by a fine no less than $50 and no greater than $100 and/or a term of imprisonment no greater than 1 year. Manufacturing, distributing, or possessing with intent to distribute any such device is a misdemeanor punishable by a fine no greater than $1,000 and/or a term of imprisonment no greater than 1 year. Delivering any such device or equipment to a minor more than three years the offender's junior 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.

See:

• New Mexico Stat. Ann. § 30-31-2(V)
• New Mexico Stat. Ann. § 30-31-25.1
• New Mexico Stat. Ann. § 31-19-1(A)
• New Mexico Stat. Ann. § 31-18-15(A),(E)

Paraphernalia
Possession or distribution of marijuana paraphernalia used for the cultivation, distribution, or inhalation/ingestion of marijuana is a misdemeanor and is punishable by a fine of $50-$100 and/or up to 1 year imprisonment.

See:

• New Mexico Stat. Ann. §30-31-25.1(A-C)

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(D)

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)

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 NORML's Medical Marijuana section.

Source: NORML: New Mexico Laws & Penalties