New Mexico

Approved Conditions

  • Cachexia
  • Cancer
  • HIV or AIDS
  • Epilepsy
  • Glaucoma
  • Intractable pain (defined as pain unrelieved by standard treatment or medications)
  • Multiple sclerosis
  • Other conditions subject to approval by the Washington Board of Health
  • Crohn’s disease
  • Hepatitis C with debilitating nausea or intractable pain
  • Anorexia that results in nausea, vomiting, wasting, loss of appetite, cramping, seizures, muscle spasms, or spasticity, when the conditions are unrelieved by standard treatments of medications
  • Chronic renal failure

Possession

  • No penalty for private possession and consumption of 1 oz. or less (but a maximum fine of $100 for public consumption of less than 1 oz.)
  • Possession of 1 oz. to 40g: misdemeanor (up to 90 days of incarceration)
  • Possession of more than 40g: felony (up to 5 years of incarceration)

Possession by Qualified Patients

  • May possess a total of no more than 24 ounces of usable marijuana, and no more than 15 plants

Requirements to Obtain a Medical Marijuana Card

  • Currently, there is no state I.D. program or registry for medical marijuana patients in the state of Washington
  • Qualified patients only need to obtain a “written recommendation” from a state licensed doctor to receive legal protections of the “Washington State Medical Marijuana Act”

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 Convictions 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 Convictions 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 and subsequent convictions (within 7 years) 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) n/a 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 n/a 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 n/a 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 30 months in prison n/a 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 n/a 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 n/a n/a