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New Mexico: Medical Marijuana Overview and State Fines/Penalties - Archive

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Julie Gardener

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New Mexico Medical Marijuana Overview​

SUMMARY: Governor Bill Richardson signed Senate Bill 523, "Lynn and Erin Compassionate Use Act," into law on April 2, 2007. The new law took effect on July 1, 2007. The law mandates the state Department of Health by October 1, 2007, to promulgate rules governing the use and distribution of medical cannabis to state-authorized patients. These rules shall address the creation of state-licensed "cannabis production facilities," the development of a confidential patient registry and a state-authorized marijuana distribution system, and "define the amount of cannabis that is necessary to constitute an adequate supply" for qualified patients.

Accepts other states' registry ID cards? No. The medical use provisions in New Mexico do not include reciprocity provisions protecting visitors from other medical use states.

AMENDMENTS: Yes. In January 2009, the New Mexico Department of Health finalized rules governing the production, distribution, and use of medicinal cannabis under state law. Patients registered with the state Department of Health and who are diagnosed with the following illnesses are afforded legal protection under these rules.

APPROVED CONDITIONS:
Arthritis
Severe chronic pain
Painful peripheral neuropathy
Intractable nausea/vomiting
Severe anorexia/cachexia
Hepatitis C infection currently receiving antiviral treatment
Crohn's disease
Post-traumatic Stress Disorder
Amyotrophic Lateral Sclerosis (Lou Gehrig's disease)
Cancer
Glaucoma
Multiple sclerosis
Damage to the nervous tissue of the spinal cord with intractable spasticity
Epilepsy
HIV/AIDS
Hospice patients
Other conditions are subject to approval by the Department of Health.

POSSESSION CULTIVATION: Patients may legally possess six ounces of medical cannabis (or more if authorized by their physician) and/or 16 plants (four mature, 12 immature) under this act.

• 6 oz usable; 16 plants (4 mature, 12 immature)

State regulations also authorize non-profit facilities to apply with the state to produce and dispense medical cannabis. State licensed producers may grow up to 95 mature plants at one time. (UPDATE! The New Mexico Department of Health finalized revised regulations in December 2010 increasing the number of plants that may be produced at one time from 95 to 150. The updated regulations also allow licensed producers to obtain plants, seeds, and/or usable cannabis from other non-profit producers. The licensing fee for producers is: $5,000 for producers licensed less than one year, $10,000 for more than one year, $20,000 for more than two years and $30,000 for more than three years. For further information, please see: Medical Cannabis Program - Infectious Disease Bureau)

MEDICAL MARIJUANA STATUTES: Lynn and Erin Compassionate Use Act, N.M. Stat. Ann. § 30-31C-1 (2007).

Patient Registry Fee: $0

• Registration: Mandatory

CAREGIVERS: Yes. Primary caregiver is designated by patient’s practitioner as necessary to take responsibility for managing the well-being of a qualified patient with respect to the medical use of cannabis. Primary caregiver must be a resident of New Mexico. The caregiver must be 18 years of age or older. N.M. Stat. Ann. §26-2B-3(F) (2007).

For more detailed information and Becoming a Patient in New Mexico



New Mexico Marijuana Penalties​


Possession

♦ 1 oz or less (first offense) - misdemeanor Incarceration 15 days Fine $50 - $100

♦ 1 oz or less (subsequent offense) - misdemeanor Incarceration 1 year Fine $100 -$1,000

♦ 1 to 8 oz - misdemeanor Incarceration 1 year Fine $100 -$1,000

♦ 8 oz or more - felony Incarceration 18 months Fine $5,000


Sale or Cultivation

♦ 100 lbs or less (first offense) - felony Incarceration 18 months Fine $5,000

♦ 100 lbs or less (subsequent offense) - felony Incarceration 3 years Fine $5,000

♦ More than 100 lbs (first offense) - felony Incarceration 3 years Fine $5,000

♦ More than 100 lbs (subsequent offense) - felony Incarceration 9 years Fine $10,000

♦ Sale to a minor (first offense) - felony Incarceration 3 years Fine $5,000

♦ Sale to a minor (subsequent offense) - felony Incarceration 9 years Fine $10,000

♦ 100 lbs or less within a drug-free school zone (first offense) - felony Incarceration 3 years Fine $5,000

♦ 100 lbs or less within a drug-free school zone (subsequent offense) - felony Incarceration 9 years Fine $10,000

♦ More than 100 lbs within a drug-free school zone (first offense) - felony Incarceration 9 years Fine $10,000

♦ More than 100 lbs within a drug-free school zone (subsequent offense) - felony Incarceration 18 years Fine $15,000


Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

♦ Paraphernalia possession - misdemeanor Incarceration1 year Fine $50 - $100

♦ Paraphernalia sale - misdemeanor Incarceration1 year Fine $1,000

♦ Paraphernalia sale to a minor 3 or more years younger than seller - felony Incarceration 18 months Fine $5,000


Details

Possession of one ounce or less of marijuana is a petty misdemeanor, punishable by up to 15 days in jail and a fine of $50 - $100 for the first offense. For subsequent offenses, the penalty increases to a possible one year in jail and a fine of $100 - $1,000. Possession of greater than one ounce is punishable by up to one year in jail and a fine of $100 - $1,000. For possession of eight ounces or greater, the penalty increases to up to 18 months in jail and a fine up to $5,000.

For a first offense, manufacture or distribution of 100 pounds or less of marijuana is punishable by up to 18 months in prison and a fine up to $5,000 For subsequent offenses, the penalty increases to a possible three years in prison and a fine up to $5,000. For amounts greater than 100 pounds the penalty can be up to three years in prison and a fine up to $5,000. For subsequent offenses, the penalty increases to a possible nine years in prison and a fine up to $10,000.

Distribution to a minor is punishable by up to three years in prison and a fine up to $5,000 for the first offense and up to nine years in prison and a fine up to $10,000 for subsequent offenses.

Distribution of 100 pounds or less within a drug-free school zone is punishable by up to three years in prison and a fine up to $5,000 for the first offense and up to nine years in prison and a fine up to $10,000 for subsequent offenses. For distribution of greater than 100 pounds within a drug-free school zone, the penalty increases to up to nine years in prison and a fine up to $10,000 for the first offense and up to 18 years in prison and a fine up to $15,000 for subsequent offenses.

Possession of paraphernalia is punishable by up to one year in jail and a fine of $50 - $100. Delivery of paraphernalia is punishable by up to one year in jail and a fine up to $1,000 unless the delivery was to a minor at least three years younger than the offender, in which case the penalty increases to a possible 18 months in jail and a fine up to $5,000.

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.

Hemp: 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.

Warning: The information contained in this report is for informational purposes only. Individuals are encouraged to confirm their state's laws before engaging in any particular behavior, or before going to court without a lawyer. Marijuana laws and penalties change rapidly and are enforced and interpreted differently even in the same legal jurisdiction. Please consult a criminal defense lawyer if you have been busted or if you want to know how a particular conduct might be punished. If you spot an error or have information that should be included please let us know.

Be informed and be well.
:Namaste:

See New Mexico: Medical Marijuana Law Overview and State Fines/Penalties for more up to date information regarding state laws and penalties.
 
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