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New Mexico Cannabis State Laws

December 21, 2017
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New Mexico has incorporated decriminalization laws, however, bills that were introduced based around legalizing marijuana did not go through. Also, PISD patients have been denied medical marijuana.

Possession:

1 oz or less (first offense)

  • Misdemeanor
  • 15 days incarceration
  • $100 fine

1 oz or less (second offense)

  • Misdemeanor
  • 1-year incarceration
  • $1,000 fine

More than 1 – less than 8 oz

  • Misdemeanor
  • 1-year incarceration
  • $1,000 fine

8 oz or more

  • Felony
  • 1 and a half years incarceration
  • $5,000 fine

Selling/Distribution:

100 lbs or less (first offense)

  • Felony
  • 1 and a half years incarceration
  • $5,000 fine

(Second Offense)

  • Felony
  • 3 years incarceration
  • $5,000 fine

100 lbs or more (first offense)

  • Felony
  • 3 years incarceration
  • $5,000 fine

(Second Offense)

  • Felony
  • 9 years incarceration
  • $10,000 fine

To a minor (first offense)

  • Felony
  • 3 years incarceration
  • $5,000 fine

(Second Offense)

  • Felony
  • 9 years incarceration
  • $10,000 fine

Within a drug-free school zone

  • Felony
  • 18 years incarceration
  • $15,000 fine

Growing/Cultivation:

Any Amount (first offense)

  • Felony
  • 9 years incarceration
  • $10,000 fine

(second offense)

  • Felony
  • 18 years incarceration
  • $15,000 fine

Within a drug-free school zone

  • Felony
  • 18 years incarceration
  • $15,000 fine

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

Medical Marijuana:

Qualifying Conditions

  • Amyotrophic Lateral Sclerosis (Lou Gehrig’s disease)
  • Anorexia/cachexia
  • Arthritis
  • Cancer
  • Cervical dystonia
  • Chronic pain
  • Crohn’s disease
  • Epilepsy
  • Glaucoma
  • Hepatitis C
  • HIV/AIDS
  • Hospice patients
  • Huntington’s disease
  • Intractable nausea/vomiting
  • Multiple sclerosis
  • Painful peripheral neuropathy
  • Parkinson’s disease
  • Post-traumatic Stress Disorder
  • Spinal cord damage

Patient Limits:

Eight ounces of medical cannabis (over a 90-day period)

Home Cultivation:

Yes, 16 plants (four mature, 12 immature)

Currently Pending: A number of marijuana policy reform bills were introduced during the 2017 legislative session, which ended on March 18, but unfortunately, none of them became law.

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