New Mexico

Medical Marijuana
Drugged Driving
Summary of New Mexico
Year Law Last Passed 2007
How Law Was Passed Senate Bill 523 (36-31 H; 32-3 S)
Possession Limit 6 oz usable; 16 plants (4 mature, 12 immature)

Laws, Limits and Penalties

Offense Penalty Incarceration   Max. Fine  
Up to 1/2 oz None None $ 50
More than 1/2 oz and up to 1 oz (first offense) Misdemeanor 15 days $ 100
More than 1/2 oz and up to 1 oz (second offense) Misdemeanor 1 year $ 1,000
More than 1 oz and up to 8 oz Misdemeanor 1 year $ 1,000
8 oz or more Felony 1.5 years $ 5,000
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.
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.
Possession of paraphernalia None None $ 50
Distribution of paraphernalia to a minor Felony 1.5 years $ 5,000
If a person who is 15 years or older is found delinquent of violating the Controlled Substances Act, their license may revoked.



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.

Local Decriminalization

This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.

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.


This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. .

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. For more information see: Medical Use.