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New Mexico Drug Possession Laws

Drug PossessionDrug possession laws are outlined in Chapter 30 of New Mexico Statutes and other legislation, including the Controlled Substances Act and Harm Reduction Act. Although there are exceptions and nuances, in general, drug possession laws prohibit anyone from possessing a controlled substance unless it was authorized by a valid prescription or administered under a licensed practitioner’s care.

The penalties for unlawful possession of controlled substances are based on the type and amount of controlled substance in possession and include the following:





Marijuana Up to 1 oz Petty misdemeanor
  • Fines of $50 – $100
  • Jail up to 15 days
More than 1 oz, but less than 8 oz. Misdemeanor
  • Fines of $100-$1,000
  • Jail up to 1 year
More than 8 oz. 4th degree felony
  • Prison at least 1 year
Some Schedule I, II, III or IV drugs Any Misdemeanor
  • Fines of $500-$1,000
  • Jail up to 1 year
Some Schedule I, II, III or IV drugs, including (but not limited to):

  • Methamphetamine
  • PCP
  • GHB
  • Narcotics
Any 4th degree felony
  • Prison at least 1 year

*Drug possession laws including as “drugs” any precursor to a Schedule I, II, III or IV drug.

All drug possession charges and penalties are immediately escalated for subsequence offenses or if the offense occurred within a posted drug-free school zone.

Contact Experienced Attorney Dan Baca for Drug Defense in Albuquerque

The pressure to crack down on drugs in Albuquerque often results in a violation of individual rights during arrest and detainment. Attorney Dan Baca has over 20 years of experience helping clients facing drug crime charges. He will carefully evaluate the evidence against you to determine if law enforcement conducted all procedures properly and legally as he seeks to develop the strongest defense possible.

Contact drug defense attorney Dan Baca today for a free case evaluation.

Know Your Rights!
Call Drug Crime Attorney Dan Baca in Albuquerque, NM for a FREE consultation

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