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New Mexico Marijuana Defense Attorney

In 2021, New Mexico made recreational marijuana use legal for individuals over 21 years of age. However, that does not mean that any marijuana use, possession, or sale is legal within the state. Possessing too much marijuana or growing too many marijuana plants can still result in severe criminal penalties. A drug conviction can damage your reputation within the community and disqualify you from certain job postings. Although many states legalize some form of marijuana use, each state imposes different limits and boundaries on marijuana possession and growth.

Do not wait until the last minute to find a marijuana defense lawyer to protect your rights. If you are charged with possession of marijuana in New Mexico, an experienced attorney can help protect your rights and minimize the consequences of a conviction. Contact New Mexico Criminal Law Offices to schedule a free consultation. 

New Mexico Marijuana Charges

New Mexico’s recreational marijuana law allows adults 21 or older to possess up to two ounces of marijuana and 16 grams of marijuana concentrate at a time. Possessing more than two ounces but less than eight ounces of marijuana is considered a misdemeanor. Misdemeanor marijuana possession carries the potential for up to a year in jail and a fine of up to $1,000. (NMSA 26-2C-30) Possessing more than eight ounces of marijuana is a felony. Felony marijuana possession carries the potential for up to 18 months in prison and a fine of up to $5,000. 

Possession means that you 1) had the controlled substance on your person, or 2) had knowledge that it was in your presence and you had control over the substance. The first scenario is known as actual possession. The second is known as constructive possession.

Sale, distribution, or possession of marijuana with intent to distribute it to a minor is a felony punishable by up to three years in prison and a fine of up to $5,000. Sale, distribution, or possession of marijuana inside a drug-free school zone is a felony punishable by up to 18 years in prison and a fine of up to $15,000.

Marijuana Cultivation Charges

New Mexico also allows adults over 21 years of age to grow marijuana plants, but it limits how many plants a person can have in their household. New Mexico law states that an adult over 21 can grow up to six mature cannabis plants and six immature cannabis plants per household. Growing more than the lawful number is punishable by up to nine years in prison and a fine of up to $10,000. A second conviction is punishable by up to 18 years in prison and a fine of up to $15,000.

Defenses to Marijuana Charges

The prosecutor has the burden of proving every element of the charged offense beyond a reasonable doubt. In some cases, a legal defense can negate one or more elements of the offense and help convince the prosecutor to drop the charges against you.

Common legal defenses that arise in possession cases include:

  • You have a valid medical marijuana license;
  • The substance found was not marijuana;
  • The evidence against you is inadmissible in court; and
  • You did not have actual or constructive possession of the substance (i.e., it was found in a shared area and you didn’t know it was there).

A marijuana possession lawyer can review the details of your case and determine whether a legal defense applies. 

Contact a Marijuana Defense Attorney at New Mexico Criminal Law Offices Today

A marijuana possession conviction can result in you missing out on several opportunities like getting a job, receiving a scholarship, or moving on with your life. Instead of letting your criminal record dictate the path of your life, contact a marijuana defense lawyer to defend your rights. 

At the New Mexico Criminal Law Offices, we have over two decades of experience representing individuals facing criminal charges. We have assisted hundreds of clients facing marijuana charges in New Mexico. The laws in New Mexico are constantly changing with the legalization of recreational marijuana. You need a marijuana lawyer who knows the most up-to-date marijuana possession laws and how they affect your case. 

We can help you understand the criminal process and advise you every step of the way. We will compile evidence to build a strong case for your innocence and bolster the weaknesses in the state’s case. Contact a marijuana possession attorney at New Mexico Criminal Law Offices today to talk to a member of our team.