New Mexico Laws 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
Possession 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
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.
Paraphernalia 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.