What Are the Consequences of Marijuana Possession in New Mexico?
New Mexico has legalized the use of medical marijuana, in certain circumstance. Otherwise, the possession of marijuana – even in small quantities – is still prohibited. New Mexico drug laws mirror the Federal Controlled Substance Act, with marijuana being classified as a Schedule 1 drug, for which there is no accepted medical use and a high potential for abuse. Here is an overview of the consequence of the possession of marijuana in New Mexico.
Sentencing for Marijuana Possession in New Mexico
The consequences for the possession of marijuana in New Mexico will depend on the weight of the marijuana possessed.
One Ounce: Possession of up to one ounce of marijuana, is punishable by a fine of up to $100, 15 days in jail, or both, for a first offense. A second or subsequent offense is punishable by a fine of up to $1,000, one year in prison, or both. A first offense in a school zone is also punishable by a fine of up to $1,000, one year in prison, or both. For a second offense in a school zone, a fine of up to $5,000, up to 18 months in prison, or both, may apply.
1-8 Ounce(s): If the amount of the drug equals or exceeds one ounce but is less than 8 ounces, the crime will be punishable by a fine of up to $1,000, up to one year in prison, or both. For an offense in a school zone, the punishment increases to a fine of up to $5,000, 18 month in prison, or both.
More than 8 Ounces: If the amount of the drug equals or exceeds 8 ounces, the crime will be punishable by a fine of up to $5,000, up to 18 months in prison, or both. For an offense in a school zone, the punishment increases to a fine of up to $5,000, up to three years in prison, or both.
Possession With the Intent to Sell in New Mexico
The consequences for the sale or trafficking of marijuana are much more severe and, similar to the sentences for possession, they will depend on the weight of the marijuana sold or distributed.
Small Quantities Without Compensation: The distribution of a small quantity of marijuana, without compensation, is punishable by a fine a fine up to $100, 15 days in jail, or both for a first offense. A second or subsequent offense is punishable by a fine of up to $1,000, one year in prison, or both.
Up to 100 Pounds: An amount up to 100 pounds distributed is punishable by a fine up to $5,000, 18 months in prison, or both for a first offense. A second or subsequent offense is punishable by a fine of up to $5,000, up to three years in prison, or both. For a first offense in a school zone, the punishment increases to a fine of up to $5,000, three years in prison or both. For second or subsequent offense in a school zone, a fine of up to $10,000, up to nine years in prison, or both, may apply.
More than 100 Pounds: An amount greater than 100 pounds distributed is punishable by a fine up to $5,000, three years in prison, or both for a first offense. A second or subsequent offense is punishable by a fine of up to $10,000, up to nine years in prison, or both. For a first offense in a school zone, the punishment increases to a fine of up to $10,000, nine years in prison, or both. For second or subsequent offense in a school zone, a fine of up to $15,000, up to 18 years in prison, or both, may apply.
Sale to Minors: The sale of drugs to a minor is punishable by a fine of up to $10,000, up to nine years in prison, or both for a first offense. A second or subsequent offense is punishable by a fine of up to $10,000, up to 18 years in prison, or both.
New Mexico Drug Crime Lawyer
If you or your family member has been arrested for a drug crime, immediately contact an experienced New Mexico drug crime lawyer. Your future is at stake, and the attorney you choose to represent you can make a significant difference in the outcome of your case. Contact New Mexico Criminal Law Offices at (505) 375-4664 for aggressive representation and dedication to pursuing the best possible results in your case.