New Mexico State Laws

Marijuana has not been analyzed or approved by the FDA. There is limited information on the side effects of marijuana, and there may be health risks associated with using marijuana. We are not providing legal advice, just some helpful information! You are fully responsible for complying with all state laws. 

On April 12, 2021, Governor Michelle Lujan Grisham signed The Cannabis Regulation Act (HB 2) into law. Adults are legally permitted to purchase and possess up to two ounces of cannabis and/or up to 16 grams of cannabis extract from licensed retailers. The law also permits adults to cultivate up to six mature plants for their own personal use. The personal use provisions took effect on June 29, 2021. Retail sales began in April, 2022.

Separate legislation signed into law simultaneously facilitates the automatic expungement of past convictions for offenses made legal under this act.

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

• New Mexico Stat. Ann. § 30-31-6

Possession for Personal Use

Possession of up to a two ounces of marijuana for adults over 21 years of age is legal under the state law with no fine or incarceration.

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

• New Mexico Stat. Ann. § 30-31-23

• New Mexico Stat. Ann. § 31-18-15

Distribution

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

For first offenders, distribution of 100 pounds or less 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.

• New Mexico Stat. Ann. §30-31-20(C) 

• New Mexico Stat. Ann. §30-31-21 

• New Mexico Stat. Ann. §30-31-22

• New Mexico Stat. Ann. § 31-18-15

Cultivation

On April 12, 2021, Governor Michelle Lujan Grisham signed The Cannabis Regulation Act (HB 2) into law. The law permits adults to cultivate up to six mature plants for their own personal use. The personal use provisions took effect on June 29, 2021.

For first offenders cultivation of over six plants 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.

• New Mexico Stat. Ann. §30-31-20 Web Search

Hash & Concentrates

On April 12, 2021, Governor Michelle Lujan Grisham signed The Cannabis Regulation Act (HB 2) into law. Adults are legally permitted to purchase and possess up to 16 grams of cannabis extract from licensed retailers. The personal use provisions took effect on June 29, 2021.

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 more than 16 grams of 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.

• New Mexico Stat. Ann. § 30-31-2(L) Web Search

• New Mexico Stat. Ann. § 30-31-6(C)(18) Web Search

• New Mexico Stat. Ann. § 30-31-22 Web Search

• New Mexico Stat. Ann. § 30-31-23(D),(F) Web Search

• New Mexico Stat. Ann. § 31-18-15 Web Search

Paraphernalia

Democratic Gov. Michelle Lujan Grisham signed legislation into law decriminalizing the possession of personal use amounts of cannabis. The law took effect on July 1, 2019.

Possession of marijuana paraphernalia used for the cultivation, distribution, or inhalation/ingestion of marijuana is punishable by a fine of $50.

• New Mexico Senate Bill 323 – 2019 Web Search

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.

• New Mexico Stat. Ann. §30-31-25.1 Web Search

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.

• New Mexico Stat. Ann. § 32A-2-19(H) Web Search

More Information

DECRIMINALIZATION

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

DRUGGED DRIVING

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

EXPUNGEMENT

This state has enacted legislation explicitly providing the opportunity for those with marijuana convictions for activities that have since been decriminalized/legalized to have past marijuana convictions expunged, vacated, otherwise set aside, or sealed from public view.

LEGALIZATION

Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.

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.

Laws and regulations may change. This was current as of the time this source was referenced from this website  New Mexico Laws and Penalties by NORML found here https://norml.org/laws/new-mexico-penalties-2/