Are Drugs Legal in New Mexico

The separate laws that come into force also facilitate the automatic quashing of previous convictions for crimes that have been legalized under this law. The New Mexico Legislature passed the Cannabis Regulation Act on March 31, 2021, which makes it legal for adult customers 21 years of age and older to purchase two ounces of cannabis or its equivalent in other forms. As mentioned earlier, drug laws can be complex and changeable. For more articles and resources on this topic, see FindLaw`s drug claims section. If you want legal assistance in a drug case, you can contact a lawyer who specializes in drug-related crimes in New Mexico. And if you or someone you know has a substance abuse or addiction problem, the New Mexico Office of Drug Prevention has resources that can help. After legalization efforts in the Legislature were repeatedly stalled, Lujan Grisham convened a special session in March to address cannabis reforms and signed legislation in April. This state has enacted laws that explicitly give people convicted of activities that have since been decriminalized/legalized the ability to remove, erase, overturn, or seal previous marijuana convictions from the public. A 1978 law also allowed medical use, but only through a state-approved research program.

It was the first medical cannabis law enacted by a state. While New Mexico regulates cannabis use in the state, the federal government also restricts the possession, sale, and trade of marijuana through the Controlled Substances Act. So if the idea of sneaking into Colorado to circumvent marijuana prohibition in New Mexico had occurred to you, you should know that even though a state`s marijuana laws say so are legal, federal law still trumps state law and applies to interstate trade. While federal law enforcement agencies have primarily left marijuana cases to state agencies, the federal government can still enforce prohibitions on interstate cases of cannabis possession, production and cultivation, as well as trade and distribution. Many states are relaxing their marijuana laws. Although federal law lists marijuana as a Schedule I drug, a number of states have legalized marijuana for medical and recreational purposes. This article provides a basic overview of marijuana laws in New Mexico. The state of New Mexico is becoming increasingly aggressive in its efforts to make drug allegations against people. Prosecutions of cases of illegal drug possession, drug trafficking, and drug sale take place at the state and state level of New Mexico. If you are charged with any type of drug charge, it is in your best interest to speak to a criminal defense attorney as soon as possible.

A qualified attorney will inform you of your rights and fight on your behalf against state lawsuits. Under section 30-31-23 of the laws of New Mexico, intentional possession of a controlled substance such as marijuana, cocaine, methamphetamine and heroin violates the law. It is illegal to possess any type of illegal substance, whether it is an ounce of marijuana or a large amount of methamphetamine. The penalties for drug convictions differ depending on the amount of drugs involved in the case. Santa Fe – Last night, New Mexico Governor Michelle Lujan Grisham signed The Senate SB 323 (sponsored by Senator Joseph Cervantes), which decriminalizes 1/2 ounce or less of marijuana and possession of drug paraphernalia, not just paraphernalia associated with marijuana use. New Mexico is the first state to lift criminal penalties for possession of drug paraphernalia. Statement from Emily Kaltenbach, Director of the Drug Policy Alliance in the State of New Mexico: “Ending the criminalization of marijuana in New Mexico is an important step toward the taxation and regulation of adult-use marijuana and represents bipartisan support on an issue that was sterile just a few years ago. This gives us confidence that New Mexico will legalize marijuana in the coming years and finally end the chaos that criminalization has caused to black, brown and Indigenous communities.

“This new law ensures that until people are legalized, their lives will not be destroyed by criminalizing and stigmatizing them for possession of marijuana for their personal use. Decriminalizing small amounts of marijuana and all drug paraphernalia will improve lives, save taxpayers` money and reduce the burden on law enforcement. “This law is also historic, as it represents the first time that a state has lifted criminal penalties for drug paraphernalia. Decriminalizing drug paraphernalia will not only save taxpayers money and free up resources for law enforcement, but it will also put health and safety above penalties and begin to reduce the stigma associated with problematic drug use. Since many items referred to as utensils are used repeatedly, these laws have been abused, allowing the police to be very selective in their enforcement – which has disproportionately harmed black, brown and indigenous communities. Cannabis in New Mexico will be legal for recreational purposes as of June 29, 2021. A bill to legalize recreational use – House Bill 2, the Cannabis Regulation Act – was signed into law by Governor Michelle Lujan Grisham on April 12, 2021. The first licensed sale of recreational cannabis began on April 1, 2022. While personal recreational use became legal on Tuesday, licenses to sell cannabis are expected to begin no later than April 1. Both recreational cannabis and medical marijuana are legal in New Mexico. The Cannabis Regulation Act legalized the possession of up to two ounces of cannabis – or its equivalent in other forms: 16 grams of concentrated marijuana or 800 milligrams of edibles – on June 29, 2021.

Homegrow became legal the same day. Adults can grow up to six mature cannabis plants and six unripe cannabis plants at home, with a maximum of 12 mature plants per household.