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New Mexico Marijuana Penalties

New Mexico Marijuana Law, Regulation, Penalties, Attornies & Congressman

Offense Penalty Incarceration   Max. Fine  

Possession

1 oz or less (first offense) Misdemeanor 15 days $ 100
1 oz or less (second offense) Misdemeanor 1 year $ 1,000
More than 1 – less than 8 oz Misdemeanor 1 year $ 1,000
8 oz or more Felony 1.5 years $ 5,000

Distribution

100 lbs or less (first offense) Felony 1.5 years $ 5,000
Less than 100 lbs or less (second offense) Felony 3 years $ 5,000
100 lbs or more (first offense) Felony 3 years $ 5,000
100 lbs or more (second offense) Felony 9 years $ 10,000
To a minor (first offense) Felony 3 years $ 5,000
To a minor (second offense) Felony 9 years $ 10,000
Within a drug-free school zone Felony 18 years $ 15,000
Includes possession with the intent to distribute
If no payment, exchange of small amount of marijuana is treated as possession only.

Cultivation

Any amount (first offense) Felony 9 years $ 10,000
Any amount (second offense) Felony 18 years $ 15,000
Within a drug-free school zone Felony 18 years $ 15,000

Hash & Concentrates

Possession Misdemeanor 1 year $ 1,000
Distributing or possessing with intent to distribute Felony 3 years $ 5,000
Subsequent convictions or within 1,000 feet of non-secondary school carries increased incarceration and fines.

Paraphernalia

Possession or distribution of paraphernalia Misdemeanor 1 year $ 100
Distribution of paraphernalia to a minor Felony 1.5 years $ 5,000

Miscellaneous

If a person who is 15 years or older is found delinquent of violating the Controlled Substances Act, their license may revoked.

 

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