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| Marijuana Laws in New Mexico | |||
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| 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 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 | |||
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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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Medical marijuana: This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section. Hemp: This state has an active hemp industry. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section. |
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