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State By State

New Mexico

Updated: 20 Apr 2010
New Mexico
Population: 1,986,763

GDP Per Capita: $30,935

Decriminalized: No

Medical Marijuana: Yes

Laws & Penalties

Possession:
-Minimum: $50 fine, probation and/or some jail time (varies by case)

-Maximum: $100 fine, 15 days

Sales/Manufacturing:
-Minimum: Fine, probation and/or some jail time (varies by case)

-Maximum: $5,000 fine, 18 months

Trafficking:
-Minimum: Fine, probation and/or some jail time (varies by case)

-Maximum: $10,000 fine, 9 years

Pending Legislation:
-House Bill 186, Medical Marijuana Tax Act
Imposes excise tax; under review by House Taxation and Revenue Committee.

-Senate Bill 56, Medical Marijuana Tax Act
Imposes excise tax; under review by Senate Judiciary Committee.

-Senate Bill 57, Medical Marijuana Gross Receipts
Requires receipts from sale be subject to gross receipts tax; under review by Senate Corporations & Transportation Committee.

Data based on first offense and what might be considered ordinary amounts. Penalties can vary based on circumstance and official discretion.

Enforcement Stats

Possession (Adults & Juvenile): 2,859

Sale & Manufacturing (Adult & Juvenile): 338

Juvenile Arrests (Possession & Sale): 761

Total Marijuana Related Arrests: 3,197

Arrests Per Capita: 2 out of 1,000

DEA Seizures (Marijuana): 74,976 pounds

Medical Marijuana

Summary: Program passed Mar. 13, 2007, and began accepting applications in July 2007.

Registered Patients: 1,381 patients

Amount Allowed: 6 ounces of usable marijuana (more if approved by doctor), 4 mature plants and 12 seedlings

Qualifying Conditions: 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 and hospice patients, inflammatory autoimmune-mediated Arthritis

Distribution System: 5 not-for-profit, state licensed dispensaries (patients must apply for license to grow their own medical marijuana)

Patient/ Caretaker Registration Fee: No registration fee ($15 for a patient production license)

Dispensary Fee: $100 (Dispensary may possess 95 marijuana plants and an unlimited amount of usable marijuana)

Related Links and Information

Sources: U.S. Census Bureau, U.S. Department of Commerce, Drug Enforcement Agency,FBI Uniform Crime Report (Arrest Appendix), State Attorney General offices; state crime statutes. (Date based on 2008 figures) Arrest statistics based on covered population in 2008 FBI Uniform Crime Report not actual population as compiled by the US Census.


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