Is Weed Legal in New Mexico?
Understanding and adhering to New Mexico’s marijuana laws ensures that you can enjoy the benefits of legalization without running afoul of the law. With recent changes to New Mexico law regarding marijuana, it’s important to be well-informed about what is permitted and prohibited. The New Mexico Criminal Law Offices explain what you need to know about marijuana in New Mexico.
Is Recreational Weed Legal in New Mexico?
Medical marijuana was approved in the state with the Lynn and Erin Compassionate Use Act, passed in 2007. On April 12, 2021, Governor Michelle Lujan Grisham signed the Cannabis Regulation Act (CRA) into law. This landmark legislation legalized the possession, purchase, cultivation, and consumption of recreational marijuana for adults 21 and over. The first licensed sales of recreational cannabis began in 2022.
Is It Legal to Smoke Weed in New Mexico?
The CRA allows adults to lawfully possess cannabis and cannabis derivatives in specific amounts, this includes smoking marijuana flower or extract. However, strict restrictions govern cannabis from seed to consumption.
New Mexico Marijuana Laws and Regulations
The CRA came with a detailed framework to ensure responsible marijuana use. Here are the key points:
Possession Limits
Adults 21 and older can possess:
- Up to two ounces of cannabis flower,
- 16 grams of cannabis extract, or
- Up to 800 milligrams of edible cannabis in one purchase.
Violation of these limits may result in significant fines or legal consequences.
Cultivation
Adults can grow up to six mature and six immature cannabis plants per person, with a household limit of 12 mature plants. Cultivation must be conducted in a private, locked space that is not visible from public areas.
Driving Under the Influence
It is against the law to drive while under the influence of marijuana. If found impaired while operating a vehicle, you can be charged with a DUI, facing consequences such as fines, license suspension, or even imprisonment.
Sales and Distribution
Only licensed dispensaries are authorized to sell marijuana. Engaging in unlicensed sales or distribution of marijuana is a serious offense that can result in significant legal penalties.
Consumption in Public
It is illegal to consume marijuana in public areas. This includes places like parks, sidewalks, and restaurants. Violating this law can lead to fines or other penalties, so always consume marijuana in private, lawful settings.
It’s crucial to understand these regulations to safely and legally use cannabis. This involves following purchasing guidelines, consumption limits, and being aware of legal restrictions.
How Do Cops Test for Weed DUI?
Most people know that police have breath tests to check alcohol levels, but how do cops test for weed DUI? The process of testing for marijuana is typically more complicated than it is for alcohol.
Can Cops Test for Weed Like Alcohol?
Testing for a marijuana impairment is different from testing for an alcohol impairment. Unlike alcohol, where a breathalyzer offers instant readings, marijuana testing isn’t as straightforward. In the body, THC—the psychoactive compound in marijuana—acts differently than alcohol. Instead of metabolizing quickly like alcohol, THC lingers, meaning a positive test doesn’t necessarily prove impairment.
So, how do cops test for weed? Officers have developed several methods to tackle this challenge, each with its own limitations, which we will discuss below.
Spotting Physical Signs: How Police Look for THC Impairment
Police first rely on their observations. If they pull someone over for erratic driving or a moving violation, they’ll look for signs typically associated with marijuana use, such as:
- Bloodshot or red eyes,
- Delayed reactions, or
- Strong odor of marijuana.
Officers may also evaluate the driver’s ability to follow instructions accurately, maintain eye contact, and respond coherently to questions. Although observations provide some insight, these signs alone aren’t enough to confirm impairment—especially since THC affects everyone differently.
Marijuana Sobriety Test: Standardized Field Sobriety Testing (SFST)
If an officer suspects marijuana impairment, they’ll likely administer a marijuana sobriety test called the standardized field sobriety test (SFST). Initially designed for alcohol-related DUIs, SFST includes exercises like:
- the walk-and-turn,
- the one-leg stand, and
- the horizontal gaze nystagmus test.
THC may affect the accuracy of these tests, which evaluate balance, coordination, and reaction time.However, SFST isn’t a perfect way to test marijuana impairment since THC doesn’t always affect motor skills the same way alcohol does. While some drivers may show classic signs of impairment, others may pass the SFST even if they’ve recently consumed marijuana.
Specialized Drug Recognition Experts (DREs)
In some cases, an officer with specialized training in drug impairment may conduct the examination. These drug recognition experts receive extensive training to spot the physical and behavioral signs of various drugs, including marijuana. These experts follow a 12-step process that involves checking blood pressure, pulse rate, and eye movements, among other factors. They may also look for muscle tremors, which are often linked to cannabis use.
DREs provide an additional layer of analysis, but the process is still subjective. What one officer interprets as impairment may simply be due to fatigue, stress, or a medical condition.
Chemical Testing Options: How THC Shows Up in Blood, Urine, and Saliva
If officers need further confirmation of THC, they may request a blood, urine, or saliva test. Each has its pros and cons:
- Blood tests. Blood testing detects THC accurately but requires a warrant and may take time to process. However, these tests do not reliably indicate recent use.
- Urine tests. A urine test can detect THC byproduct days or even weeks after use, making this test less helpful in proving recent impairment.
- Saliva tests. A mouth swab for saliva testing offers a middle ground, showing recent THC exposure, but they are less reliable and not widely used.
None of these tests confirm impairment; they merely show the presence of THC.
Laws on marijuana impairment vary by state, and no single test reliably proves current impairment. Without standardized testing, officers rely on observation and supporting chemical tests. Remember, a positive test doesn’t automatically confirm impairment, as THC remains detectable for days, sometimes weeks, after use.
Consequences of Violating Marijuana Laws in New Mexico
While marijuana is legal in New Mexico, responsible consumption and adherence to the law are essential. Despite legalization, engaging in public consumption, possessing more than the legal limit, participating in unlicensed sales, and driving under the influence can lead to criminal charges. Depending on the severity and circumstances of the offense, penalties for violations can range from fines to imprisonment.
Stay informed, stay safe, and enjoy responsibly.
Have Questions? Get Answers with the New Mexico Criminal Law Offices
If you have questions or face charges related to marijuana in New Mexico, contact the New Mexico Criminal Law Offices (NMCLO) for expert legal guidance. Our experienced criminal defense attorneys offer expert legal counsel to help you understand your rights and defend against marijuana and weed-related charges. Don’t hesitate to seek guidance and support during this challenging time. Contact us today for a consultation.