New Mexico Cannabis State Laws

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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