New Mexico Marijuana Laws

Marijuana is a schedule I(c) hallucinogenic substance under New Mexico’s Controlled Substances Act.

Possession for Personal Use

For first offenders, possession of 1 ounce or less of marijuana is a petty misdemeanor and is punishable by a fine of $50-$100 and/or up to 15 days of imprisonment. For subsequent offenses possession of 1 ounce or less of marijuana is a misdemeanor and is punishable by a fine of $100-$1000 and/or up to 1 year of imprisonment.

Possession of 1-8 ounces of marijuana is a misdemeanor punishable by a fine of $100-$1000 and imprisonment for up to 1 year. Possession of more than 8 ounces of marijuana is a fourth degree felony and is punishable by 1.5 years of imprisonment and a fine of up to $5,000.

Distribution

Distribution of marijuana is treated the same as possessing marijuana with the intent to distribute it.

For first offenders, distribution of less than 100 pounds of marijuana is a fourth degree felony and is punishable by 1.5 years of imprisonment and a fine of up to $5,000. Subsequent offenses are punished as a third degree felony and offenders may be imprisoned for 3 years, a fine of $5,000 may also be imposed.

For first offenders, distribution of more than 100 pounds of marijuana is third degree felony and is punishable by 3 years of imprisonment and a fine of $5,000. Subsequent offenses are punished as a second degree felony and offenders may be imprisoned for 9 years, a fine of $10,000 may also be imposed.

If no payment is given, exchange of a small amount of marijuana is treated as possession only.

Distribution of marijuana to a minor occurs when a person over the age of 18 distributes marijuana to a person under the age of 18. For first offenders, distribution of marijuana to a minor is a third degree felony and is punishable by 3 years of imprisonment and a fine of $5,000. Subsequent offenses are punishable as a second degree felony and offenders may be imprisoned for 9 years, a fine of $10,000 may also be imposed.

Distributing marijuana within a drug-free school zone is a first degree felony and is punishable by 18 years of imprisonment and a fine of $15,000. There is an exception if the sale occurs in a private residence that is located in a drug-free school zone.

Cultivation

For first offenders cultivation of marijuana is a second degree felony and is punishable by 9 years of imprisonment and a fine of $10,000. Subsequent offenses are considered a first degree felony and are punishable by 18 years of imprisonment and a fine of $15,000.

Cultivating marijuana within a drug-free school zone is a first degree felony and is punishable by 18 years of imprisonment and a fine of $15,000.

Hash & Concentrates

New Mexico defines hashish as: “the resin extracted from any part of marijuana, whether growing or not, and every compound, manufacture, salt, derivative, mixture or preparation of such resins”. Hashish is a Schedule I controlled substance.

Possessing hashish is a misdemeanor punishable by a fine no less than $500 and no greater than $1,000 and/or a term of imprisonment no greater than 1 year. Possessing hashish within 1,000 feet of non-secondary school is a fourth degree felony punishable by a fine no greater than $5,000 and/or a term of imprisonment no greater than 18 months. Drug-free zones do not include private residences, nor vehicles in transit.

Distributing or possessing with intent to distribute hashish is a third degree felony punishable by a fine no greater than $5,000 and a term of imprisonment no greater than 3 years. Subsequent convictions are second degree felonies punishable by a fine no greater than $10,000 and a term of imprisonment no greater than 9 years. Distributing or possessing with intent to distribute hashish within 1,000 feet of a non-secondary school is a second degree felony punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 9 years. Subsequent convictions are first degree felonies punishable by a fine no greater than $15,000 and/or a term of imprisonment no greater than 18 years.

Any device or equipment used to create or manufacture hashish is considered drug paraphernalia. Possessing any such device or equipment is a misdemeanor punishable by a fine no less than $50 and no greater than $100 and/or a term of imprisonment no greater than 1 year. Manufacturing, distributing, or possessing with intent to distribute any such device is a misdemeanor punishable by a fine no greater than $1,000 and/or a term of imprisonment no greater than 1 year. Delivering any such device or equipment to a minor more than three years the offender’s junior is a fourth degree felony punishable by a fine no greater than $5,000 and/or a term of imprisonment no greater than 18 months.

Paraphernalia

Possession or distribution of marijuana paraphernalia used for the cultivation, distribution, or inhalation/ingestion of marijuana is a misdemeanor and is punishable by a fine of $50-$100 and/or up to 1 year imprisonment.

Distribution of marijuana paraphernalia to a minor occurs when a person over the age of 18 distributes marijuana paraphernalia to a person under the age of 18. This offense is a fourth degree felony and is punishable by a fine of $5,000 and 1.5 years of imprisonment.

Miscellaneous

In addition to any other penalty, a child 15 years or older is found delinquent of violating the Controlled Substances Act, their license may revoked.

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
1 – 8 oz misdemeanor 1 year $ 1,000
More than 8 oz felony 1.5 years $ 5,000

Distribution

Less than 100 lbs (first offense) felony 1.5 years $ 5,000
Less than 100 lbs (second offense) felony 3 years $ 5,000
More than 100 lbs (first offense) felony 3 years $ 5,000
More than 100 lbs (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

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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