New Mexico’s medical marijuana program has been in place since 2007. So, it is possible for you to obtain a regular dose of marijuana to treat any qualifying condition. But using marijuana for recreation is still a criminal offense. As a result, you need to be aware of all the penalties involved in the unlawful possession and use of marijuana.
First-time offenders found with one ounce or less of marijuana could face a 15-day jail term and a fine ranging from $50 to $100. Subsequent offenses involving the same amount of marijuana will attract a higher fine ranging from $100 to $1,000 and a jail term of 12 months.
If the amount of marijuana found on a person is between one and eight ounces, it is punishable by a 12-month jail term and a fine of $100 to $1,000. Possession of more than eight ounces is regarded as a fourth-degree offense and is subject to an 18-month prison sentence and a fine of $5,000.
Selling 100 pounds or a smaller quantity of marijuana attracts a jail term of 18 months and a maximum fine of $5,000 for first-time offenders. Subsequent offenses are punishable as third-degree felonies. The offender may be jailed for three years and face a fine of $5,000.
The sale of over 100 pounds of marijuana is a third-degree felony, and it attracts a three-year jail term plus a $5,000 fine. A subsequent offense will be punished by nine years’ imprisonment and a $10,000 fine.
Distributing marijuana to a minor who is under 18 years of age is a third-degree felony that attracts a fine of $5,000 and a jail term of three years. A subsequent offense is subject to a nine-year jail sentence and a fine of $10,000.
Selling or sharing marijuana within an area designated as a drug-free zone either close to a school or a school bus is punishable by a $15,000 fine and 18 years in prison. An exception to this rule may occur if the marijuana is sold within a private residence located within the drug-free zone.
Growing more than 16 plants, the maximum allowed for medical use is a second-degree felony that attracts a nine-year jail term and a $10,000 fine. Subsequent offenses are classified as first-degree felonies and are subject to a fine of $15,000 and 18 years of jail time. Growing marijuana within a school’s drug-free zone is a first-degree felony, and it attracts a jail term of 18 years plus a fine of $15,000.
New Mexico’s medical marijuana program allows you to hold and use eight ounces of marijuana over a three-month period — but you need to be registered with the state’s department of health to use the full benefits of this provision.
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