New Mexico

Medical Marijuana
Drugged Driving

Laws, Limits and Penalties

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
More than 1 - less than 8 oz Misdemeanor 1 year $ 1,000
8 oz or more Felony 1.5 years $ 5,000
Distribution
100 lbs or less (first offense) Felony 1.5 years $ 5,000
Less than 100 lbs or less (second offense) Felony 3 years $ 5,000
100 lbs or more (first offense) Felony 3 years $ 5,000
100 lbs or more (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
Subsequent convictions or within 1,000 feet of non-secondary school carries increased incarceration and fines.
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.

Details

Drugged Driving

This state has a per se drugged driving law enacted. 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.

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.