New Mexico Laws on Marijuana
New Mexico is one of seventeen states that allows the legal possession of marijuana for medical purposes. Under the 2007 Lynn and Erin Compassionate Use Act those with the proper registration identification may keep “adequate amounts” of cannabis plants.
State laws limit the amount a patient may possess and only allows six ounces at one time. New Mexico law also only allows twelve immature plants and four mature plants for one patient at one time. Investigations will take place if more than sixteen plants are present. State laws outline for which purposes patients are eligible to use medical marijuana.
Unlike other states New Mexico is more tolerant in regards to marijuana possession. The amount of marijuana in possession will dictate charges and future consequences. Repeated offenses will also dictate the severity of a sentence.
In New Mexico possessing less than one ounce on a first offense is a misdemeanor offense. Sentencing for this crime can include no more than fifteen days of incarceration and fine between fifty dollars and one thousand dollars. Any subsequent possessions of less than an ounce will receive a fine between one hundred and one thousand dollars as well as up to one year of incarceration.
Possessing anywhere between one ounce and eight ounces of marijuana is also considered a misdemeanor offense, but carries heavier consequences. Sentencing includes a fine between one hundred and one thousand dollars and up to one year of jail time.
Any possession of eight ounces or more is considered a felony offense and is punishable by a five thousand-dollar fine and no more than eighteen months of incarceration.
Cultivation and Sale
The sale and cultivation of marijuana holds more severe punishments than those of possession and are always considered felony offenses. Selling or cultivating less than one hundred pounds can result in no more than eighteen months of incarceration and a fine of five thousand dollars.
Each additional offense of cultivating or selling less than one hundred pounds of marijuana will result in three years in prison and a five thousand-dollar fine. This kind of punishment is the same for first-time offenders selling or cultivating over one hundred pounds, all additional sales and cultivations of over one hundred pounds, selling one hundred pounds or less in a school zone marked as drug-free, and first-offenses of selling any amount of marijuana to minors.
All subsequent sales to minors will result in no more than nine years in prison and a fine of ten thousand dollars. This is also the result of additional offenses of selling less than one hundred of marijuana in a drug-free school zone as well as first-time offenders selling more than one hundred pounds.
Any subsequent sales of more than one hundred pounds in a drug-free school zone will result in a fifteen thousand-dollar fine and up to eighteen years in prison.
Marijuana paraphernalia charges hold moderate penalties. Possessing paraphernalia is considered a misdemeanor and results in a fine between fifty and one hundred dollars and up to one year of incarceration. Selling paraphernalia is also a misdemeanor but has a fine increase of one thousand dollars.