New Mexico Medical Marijuana Laws

Possession

  • 1 oz or less (first offense) misdemeanor 15 days $50 - $100
  • 1 oz or less (subsequent offense) misdemeanor 1 year $100 - $1,000
  • 1 to 8 oz misdemeanor 1 year $100 - $1,000
  • 8 oz or more felony 18 months $5,000


Sale or Cultivation

  • 100 lbs or less (first offense) felony 18 months $5,000
  • 100 lbs or less (subsequent offense) felony 3 years $5,000
  • More than 100 lbs (first offense) felony 3 years $5,000
  • More than 100 lbs (subsequent offense) felony 9 years $10,000
  • Sale to a minor (first offense) felony 3 years $5,000
  • Sale to a minor (subsequent offense) felony 9 years $10,000
  • 100 lbs or less within a drug-free school zone (first offense) felony 3 years $5,000
  • 100 lbs or less within a drug-free school zone (subsequent offense) felony 9 years $10,000
  • More than 100 lbs within a drug-free school zone (first offense) felony 9 years $10,000
  • More than 100 lbs within a drug-free school zone (subsequent offense) felony 18 years $15,000
  • Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
  • Paraphernalia possession  misdemeanor 1 year $50 - $100
  • Paraphernalia sale  misdemeanor 1 year $1,000
  • Paraphernalia sale to a minor 3 or more years younger than seller felony 18 months $5,000


Details

Possession of one ounce or less of marijuana is a petty misdemeanor, punishable by up to 15 days in jail and a fine of $50 - $100 for the first offense. For subsequent offenses, the penalty increases to a possible one year in jail and a fine of $100 - $1,000. Possession of greater than one ounce is punishable by up to one year in jail and a fine of $100 - $1,000. For possession of eight ounces or greater, the penalty increases to up to 18 months in jail and a fine up to $5,000.

For a first offense, manufacture or distribution of 100 pounds or less of marijuana is punishable by up to 18 months in prison and a fine up to $5,000 For subsequent offenses, the penalty increases to a possible three years in prison and a fine up to $5,000. For amounts greater than 100 pounds the penalty can be up to three years in prison and a fine up to $5,000. For subsequent offenses, the penalty increases to a possible nine years in prison and a fine up to $10,000.

Distribution to a minor is punishable by up to three years in prison and a fine up to $5,000 for the first offense and up to nine years in prison and a fine up to $10,000 for subsequent offenses.

Distribution of 100 pounds or less within a drug-free school zone is punishable by up to three years in prison and a fine up to $5,000 for the first offense and up to nine years in prison and a fine up to $10,000 for subsequent offenses. For distribution of greater than 100 pounds within a drug-free school zone, the penalty increases to up to nine years in prison and a fine up to $10,000 for the first offense and up to 18 years in prison and a fine up to $15,000 for subsequent offenses.

Possession of paraphernalia is punishable by up to one year in jail and a fine of $50 - $100. Delivery of paraphernalia is punishable by up to one year in jail and a fine up to $1,000 unless the delivery was to a minor at least three years younger than the offender, in which case the penalty increases to a possible 18 months in jail and a fine up to $5,000.

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