New Mexico Laws

Approved Conditions

  • Severe chronic pain
  • Painful peripheral neuropathy
  • Intractable nausea/vomiting
  • Severe anorexia/cachexia
  • Hepatitis C
  • Crohn’s disease
  • Post-Traumatic Stress Disorder (PTSD)
  • ALS (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
  • Cervical dystonia
  • Inflammatory Autoimmune-mediated Arthritis
  • Parkinson’s disease
  • Huntington’s disease

 

Possession by Qualified Patients

  • May possess up to 6 ounces of usable cannabis, 4 mature plants, and 12 seedlings.
    • Usable cannabis = defined as “dried leaves and flowers” and does not include seeds, stalks or roots

 

Requirements to Obtain a Medical Marijuana Card

  • Must complete the “Participant Application Form”
  • Must have the patient’s physician complete the appropriate sections of the “Participant Application Form”
  • Must provide a clear and visible copy of the patient’s New Mexico photo I.D.
  • Must provide a second certification from a specialist if applying for medical marijuana under “Chronic Pain”
  • Must have medical records showing a psychiatrist’s diagnosis if applying for medical marijuana under “PTSD”
  • Must have medical records showing an ophthalmologist’s diagnosis if applying for medical marijuana under “Glaucoma”
  • Must provide a certification from a Rheumatologist if applying for medical marijuana under “Inflammatory Autoimmune-Mediated Arthritis”

 

Distribution

  • 100 lbs or less (1st offense): felony (1.5 years imprisonment and/or $5,000 fine)
  • Less than 100 lbs or less (2nd offense): felony (3 years imprisonment and/or $5,000 fine)
  • 100 lbs or more (1st offense): felony (3 years imprisonment and/or $5,000 fine)
  • 100 lbs or more (2nd offense): felony (9 years imprisonment and/or $10,000 fine)
  • To a minor (1st offense): felony (3 years imprisonment and/or $5,000 fine)
  • To a minor (2nd offense): felony (9 years imprisonment and/or $10,000 fine)
  • Within a drug-free school zone: felony (18 years imprisonment and/or $15,000 fine)
  • “If no payment, exchange of small amount of marijuana is treated as possession only.”

 

Driving Under the Influence of Marijuana

  • Illegal to drive while under the influence of marijuana
  • Any amount of marijuana found in the driver’s blood or urine will establish that the driver was under the influence
  • Penalties:

 

Number of conviction(s)

 

Fines

Jail Time

Community Service

Other requirements/

penalties

 

 

First conviction

   

up to $500

(no info provided)

up to 24 hours of community service

required to use an ignition interlock device for one year

Second conviction

   

a fine of between $500 and $1,000

 

at least 96 hours (and up to one year) in jail

 

at least 48 hours of community service

Participation in a court-approved drug or alcohol screening program.

Required to use an ignition interlock device for 2 years.

Third conviction

   

a fine of between $750 and $1,000

 

at least 30 days (and up to one year) in jail

 

 

at least 96 hours of community service

Participation in a court-approved drug or alcohol screening program.

Required to use an ignition interlock device for 3 years.

 

 

Fourth conviction

   

 

a fine of up to $5,000

at least 6 months in jail (and up to 18 months in prison)

 

 

(no info provided)

Participation in a court-approved drug or alcohol screening program.

Required to permanently use an ignition interlock device (but may petition the judge for removal of the device after a 5 year period).

Fifth conviction

 

 

a fine of up to $5,000

at least 2 years in prison

 

 

(no info provided)

Participation in a court-approved drug or alcohol screening program.

Required to permanently use an ignition interlock device (but may petition the judge for removal of the device after a 5 year period).

Sixth conviction

 

a fine of up to $5,000

at least 30 months in prison

(no info provided)

Participation in a court-approved drug or alcohol screening program.

Required to permanently use an ignition interlock device (but may petition the judge for removal of the device after a 5 year period).

Seventh and subsequent conviction

 

a fine of up to $5,000

at least 3 years in prison

(no info provided)

Participation in a court-approved drug or alcohol screening program.

Required to permanently use an ignition interlock device (but may petition the judge for removal of the device after a 5 year period).

Aggravated offenses

 

(no info provided)

carries at least an additional 48 hours of jail time for first offenses; 96 hours for second offenses; and at least 6 additional days in jail for a third or subsequent offenses

(no info provided)

(no info provided)