›› New Mexico: Alcohol-Related Laws

• (Total Laws: 28 of 39)
  .08 Per Se, Automatic License Revocation, Anti-Plea Bargaining, Sobriety Checkpoints, Felony DUI, Dram Shop, Fake ID, Graduated Drivers Licensing, .15 High BAC, Social Host, Habitual Traffic Offender, Ignition Interlock, Penalties for Test Refusal Greater than Test Failure, Illegal Per Se, Mandatory Jail 2nd Offense, Keg Registration, Mandatory Alcohol Assessment/Treatment, Mandatory Alcohol Education, Mandatory BAC Testing for Offenders who are Killed, Mandatory BAC Testing for DUI Offenders who Survive, Open Container Law that is TEA-21 Compliant, Primary Belt Law, Vehicular Homicide, Victim Rights Constitutional Amendment, Youth Attempt at Purchase, Youth Purchase, Selling Alcohol to Youth, Zero Tolerance,

• Marijuana Laws *
  

  Incarceration Fine Possession 1 oz or less (first offense) misdemeanor 15 days $50 - $100 1 oz or less (subsequent offense) misdemeanor 1 year $100 - $1,000 1 to 8 oz misdemeanor 1 year $100 - $1,000 8 oz or more felony 18 months $5,000 Sale or Cultivation 100 lbs or less (first offense) felony 18 months $5,000 100 lbs or less (subsequent offense) felony 3 years $5,000 More than 100 lbs (first offense) felony 3 years $5,000 More than 100 lbs (subsequent offense) felony 9 years $10,000 Sale to a minor (first offense) felony 3 years $5,000 Sale to a minor (subsequent offense) felony 9 years $10,000 100 lbs or less within a drug-free school zone (first offense) felony 3 years $5,000 100 lbs or less within a drug-free school zone (subsequent offense) felony 9 years $10,000 More than 100 lbs within a drug-free school zone (first offense) felony 9 years $10,000 More than 100 lbs within a drug-free school zone (subsequent offense) felony 18 years $15,000 Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) Paraphernalia possession misdemeanor 1 year $50 - $100 Paraphernalia sale misdemeanor 1 year $1,000 Paraphernalia sale to a minor 3 or more years younger than seller felony 18 months $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.   * Data provided by NORML