New Mexico Marijuana Laws

 

A Detailed Review of the New Mexico Marijuana Laws

 

CLICK HERE for New Mexico Medical Marijuana Laws

 

 

New Jersey Medical CannabisUnder the New Mexico Medical Marijuana Program, unless you currently hold a 'registry identification card' issued by the State of New Mexico authorizing you to use marijuana for medical purposes - your use of marijuana within New Mexico State will most likely be looked upon as criminal activity.

Since the medical use of marijuana, even without a permit, occurs on a regular basis in ALL 50 US STATES, it is beneficial to know ALL of the laws surrounding the use of marijuana for YOUR particular state.

Let's begin with an overview of the criminal New Mexico marijuana laws and subsequent penalties as they relate to the use, transport, manufacture and sale of marijuana and marijuana paraphernalia.


New Mexico Marijuana Laws - Criminal
Crime
Classification
Jail Time
Fine
       
Marijuana Possession:      
Misdemeanor
15 days
$50-$100
Misdemeanor 1 year $100-$1,000
Misdemeanor
1 year
$100-$1,000
Felony 18 Months $5,000
Misdemeanor
1 year
$100-$1,000
Felony 18 Months $5,000
Felony 18 months $5,000
Felony 3 Years $5,000
       
Sale or Cultivation:      
Felony
18 Months
$5,000
Felony
3 years
$5,000
Felony
3 years
$5,000
Felony
9 years
$10,000
Felony
3 years $5,000
Felony
9 years $10,000
Felony
9 years $10,000
Felony
18 years $15,000
Felony
3 years $5,000
Felony
9 years $10,000
       
Paraphernalia:      
Misdemeanor
1 year
$50-$100
Misdemeanor
1 year
$1,000
Felony
18 months
$5,000

 

 

In order to gain a better understanding of what exactly New Mexico marijuana laws mean by the term 'Marijuana' (term used throughout the codes discussed below) - here is the New Mexico marijuana law's definition of 'marijuana' (New Mexico Statutes Annotated), Section 30-31-2O.

 

NEW MEXICO MARIJUANA LAWS - CODE SECTION 30-31-2O

Definition of 'Marijuana'

NEW MEXICO STATUTES ANNOTATED CODE SECTION 30-31-2O

New Mexico Marijuana Laws

Definition of Marijuana

"marijuana" means all parts of the plant cannabis, including any and all varieties, species and subspecies of the genus Cannabis, whether growing or not, the seeds thereof and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds.  It does not include the mature stalks of the plant, hashish, tetrahydrocannabinols extracted or isolated from marijuana, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination;

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The Codes discussed below, relate to all of the criminal laws shown above

 

 

NEW MEXICO MARIJUANA LAWS - CODE SECTION 30-31-23

Controlled or counterfeit substances; distribution prohibited

NEW MEXICO STATUTES ANNOTATED CODE SECTION 30-31-23

New Mexico Marijuana Laws

30-31-23. Controlled substances; possession prohibited.

A. It is unlawful for any person intentionally to possess a controlled substance unless the substance was obtained pursuant to a valid prescription or order of a practitioner while acting in the course of his professional practice or except as otherwise authorized by the Controlled Substances Act. It is unlawful for any person intentionally to possess a controlled substance analog.

B. Any person who violates this section with respect to:

(1) one ounce or less of marijuana is, for the first offense, guilty of a petty misdemeanor and shall be punished by a fine of not less than fifty dollars ($50.00) or more than one hundred dollars ($100) and by imprisonment for not more than fifteen days, and, for the second and subsequent offenses, guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment for a definite term less than one year, or both;

(2) more than one ounce and less than eight ounces of marijuana is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment for a definite term less than one year, or both; or

(3) eight ounces or more of marijuana is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

Any person who violates Subsection A of this section while within a posted drug-free school zone, excluding private property residentially zoned or used primarily as a residence and excluding any person in or on a motor vehicle in transit through the posted drug-free school zone, with respect to:

(1) one ounce or less of marijuana is, for the first offense, guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment for a definite term less than one year, or both, and for the second or subsequent offense, is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;

(2) more than one ounce and less than eight ounces of marijuana is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;

(3) eight ounces or more of marijuana is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;

 

 

NEW MEXICO MARIJUANA LAWS - CODE SECTION 30-31-22

Controlled or counterfeit substances; distribution prohibited

NEW MEXICO STATUTES ANNOTATED CODE SECTION 30-31-22

New Mexico Marijuana Laws

30-31-22. Controlled or counterfeit substances; distribution prohibited.

A.     Except as authorized by the Controlled Substances Act, it is unlawful for a person to intentionally distribute or possess with intent to distribute a controlled substance or a controlled substance analog except a substance enumerated in Schedule I or II that is a narcotic drug, a controlled substance analog of a controlled substance enumerated in Schedule I or II that is a narcotic drug or methamphetamine, its salts, isomers and salts of isomers.  A person who violates this subsection with respect to: 

(1)     marijuana is: 

(a)     for the first offense, guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; 

(b)     for the second and subsequent offenses, guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; 

(c)     for the first offense, if more than one hundred pounds is possessed with intent to distribute or distributed or both, guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and 

(d)     for the second and subsequent offenses, if more than one hundred pounds is possessed with intent to distribute or distributed or both, guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; 

C.     Except as authorized by the Controlled Substances Act, it is unlawful for a person to intentionally create or deliver, or possess with intent to deliver, a counterfeit substance.  A person who violates this subsection with respect to: 

(1)     a counterfeit substance enumerated in Schedule I, II, III or IV is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and 

D.     A person who knowingly violates Subsection A or C of this section while within a drug-free school zone with respect to: 

(1)     marijuana is: 

(a)     for the first offense, guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; 

(b)     for the second and subsequent offenses, guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; 

(c)     for the first offense, if more than one hundred pounds is possessed with intent to distribute or distributed or both, guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section  31-18-15 NMSA 1978; and 

(d)     for the second and subsequent offenses, if more than one hundred pounds is possessed with intent to distribute or distributed or both, guilty of a first degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; 

E.     Notwithstanding the provisions of Subsection A of this section, distribution of a small amount of marijuana for no remuneration shall be treated as provided in Paragraph (1) of Subsection B of Section 30-31-23 NMSA 1978.

 

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NEW MEXICO MARIJUANA LAWS - CODE SECTION 30-31-21

Distribution to a minor

NEW MEXICO STATUTES ANNOTATED CODE SECTION 30-31-21

New Mexico Marijuana Laws

30-31-21. Distribution to a minor.

Except as authorized by the Controlled Substances Act, no person who is eighteen years of age or older shall intentionally distribute a controlled substance to a person under the age of eighteen years. Any person who violates this section with respect to:   

A.     marijuana is:   

(1)     for the first offense, guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and   

(2)     for the second and subsequent offenses, guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and   

 

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NEW MEXICO MARIJUANA LAWS - CODE SECTION 30-31-25.1

Possession, delivery or manufacture of drug paraphernalia prohibited; exceptions.

NEW MEXICO STATUTES ANNOTATED CODE SECTION 30-31-25.1

New Mexico Marijuana Laws

30-31-25.1. Possession, delivery or manufacture of drug paraphernalia prohibited; exceptions.

A. It is unlawful for a person to use or possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Controlled Substances Act. The provisions of this subsection do not apply to a person who is in possession of hypodermic syringes or needles at the time he is directly and immediately engaged in a harm reduction program, as provided in the Harm Reduction Act [24-2C-1 NMSA 1978].

B. It is unlawful for a person to deliver, possess with intent to deliver or manufacture with the intent to deliver drug paraphernalia with knowledge, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Controlled Substances Act. The provisions of this subsection do not apply to:

(1) department of health employees or their designees while they are directly and immediately engaged in activities related to the harm reduction program authorized by the Harm Reduction Act; or

(2) the sale or distribution of hypodermic syringes and needles by pharmacists licensed pursuant to the Pharmacy Act [61-11-1 NMSA 1978]

C. A person who violates this section with respect to Subsection A of this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100) or by imprisonment for a definite term less than one year, or both. A person who violates this section with respect to Subsection B of this section is guilty of a misdemeanor.

D. A person eighteen years of age or over who violates the provisions of Subsection B of this section by delivering drug paraphernalia to a person under eighteen years of age and who is at least three years his junior is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

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Things to be Aware of with New Mexico Marijuana Laws

MMJ-Guide.com: Medical Marijuana Information

New Mexico Marijuana Laws allowing medical use and possession for qualified, card carrying patients have been enacted. Please see the information below for details on the New Mexico State Medical Marijuana Act.

 

More on New Mexico Marijuana Laws:

For further details about the specifics of the legislation and other New Mexico marijuana laws - Visit the Official New Mexico Legislative Information page on the New Mexico State Legislature's Web site - or more specifically the - New Mexico Revised Statutes page.

Also, visit the Lynn and Erin Compassionate Use Act (Senate Bill 523) for information on the New Mexico Medical marijuana laws.

 

 

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