Are Drugs Legal in New Mexico?

A Guide to the Reality of Controlled Substances in New Mexico

The question “are drugs legal in New Mexico” can have many answers, depending on the type of drugs in question and the context in which they are being used.

Controlled substances are scheduled by the DEA from 1 to 4 based on how dangerous and addictive they are. Schedule 1 drugs are completely illegal, while the others 2 through 5 are legal only with a doctor’s prescription.

Buying, selling, or possessing any of these substances without a doctor’s prescription is illegal. Illegal possession of controlled substances is a crime and can lead to fines and even time incarcerated.

Taking risks to get high on illegal substances is not worth it and can get you into trouble with the law or other scary situations.

Icarus Behavioral Health New Mexico offers a solution if you are having trouble stopping. Through discussing the legality of drugs and potential consequences, I hope I can convince you that the best option is to get help from them and quit.

Legal Status of Cannabis in New Mexico

State Laws in New Mexico About Cannabis Products

The Cannabis Regulation Act in New Mexico outlines the rules and regulations about marijuana. Marijuana, or cannabis, is legal for recreational use as well as medical use in the state of New Mexico.

However, just because something is legal does not mean it doesn’t carry significant risks with its use. The levels of THC, the active ingredient in marijuana, present in the cannabis being smoked today are ridiculously high.

According to a study by the National Institute of Health, “The odds of psychotic disorder among daily cannabis users were 3·2 times higher than for never users, whereas the odds among users of high-potency cannabis were 1·6 times higher than for never users.”

It is because of this high potency that mental issues like dependence and psychosis have begun to emerge with cannabis use. Unfortunately, the studies about the low dangers of marijuana come from a time when it was far less potent. Stopping now will significantly reduce your chances of developing serious side effects from cannabis abuse.

Some Specific Rules in New Mexico’s Cannabis Regulation Act

You can possess up to two ounces of cannabis flower, 16 grams of concentrate, and 800 milligrams of edibles. This limits the amount you can possess but the cap is pretty high. Home cultivation is allowed, but only six plants per person and a limit of 12 per household.

On the medical side, New Mexico was ahead of the game. The Lynn and Erin Compassionate Use Act legalized medical marijuana back in 2007, making it one of the first states to do so. Medical patients have certain advantages over recreational users. These include higher possession limits, no excise tax, and accessibility to a larger market of products.

Proposed Medical Cannabis Benefits

One of the most common uses for medical cannabis is pain relief. It can help with conditions like arthritis, multiple sclerosis, fibromyalgia, and chronic pain. Cannabis has a lower risk of overdose.

Some people use medical cannabis to manage symptoms of PTSD, anxiety, and depression. Certain strains, particularly those high in CBD and low in THC, can help promote relaxation and improve mood without causing intense psychoactive effects.

Medical cannabis is widely used to help people undergoing chemotherapy as it can reduce nausea and vomiting. It’s also beneficial for people with HIV or eating disorders who struggle with appetite loss.

Cannabis can be used for treating seizures in conditions like Dravet syndrome and Lennox-Gastaut syndrome. These are two rare forms of epilepsy.

When Recreational Cannabis Use Began in New Mexico

According to the New Mexico Regulation and Licensing Department, “Governor Michelle Lujan Grisham signed the bill to legalize adult use, the Cannabis Regulation Act, on April 12, 2021.” This made the cultivation, manufacturing, purchasing, possession, and consumption of recreational cannabis legal in the state of New Mexico.

Recreational cannabis began in New Mexico on April 1st, 2022. This day was pivotal for the drug legalization movement and was a win for personal liberties statewide. The move to legalize recreational cannabis was a long-fought battle the people had finally won.

Federal Law Still Considers Marijuana to be a Controlled Substance

If you are in New Mexico it may seem as though you can use marijuana freely without worry of getting in trouble with the law, but this is not completely true. Because it is still illegal on a federal level, you can get in trouble, especially in a few specific situations.

If you are caught on the interstate traveling between two legal state lines like New Mexico and Colorado, you can get a drug trafficking charge.

Another way you can get federal charges in New Mexico is if you are caught on federal land like a national park. I would suggest leaving the cannabis at home if you decide to take a camping trip.

Over 30% of New Mexico is federally owned, and being caught with cannabis on any of this land can land you in big trouble.

Just Because You Can Use it Legally Doesn’t Mean There Are No Consequences

Federal law and state law are in direct conflict when it comes to cannabis, but that is of little concern when you are having issues with stopping. In New Mexico, you have the right to use cannabis, but that doesn’t mean you’re immune from the consequences.

If you’re using cannabis responsibly, then that is your choice, and you have the legal right to do that. But if you’re using it to cope with life and avoid responsibility then it may be a good idea to take a look at why.

If you’ve ever felt like you can’t stop, that’s a sign that it might be controlling you more than you think. Consider the reality of the situation, and don’t be ashamed to ask for help.

Possession of Controlled Substances Other Than Cannabis

Unlike cannabis, possessing certain drugs elevates the charge to a fourth-degree felony. This includes substances like methamphetamine, heroin, cocaine, and fentanyl.

Getting a conviction for one of these fourth-degree felony drugs can result in up to 18 months in prison and fines up to $5000.

A felony conviction can impact employment opportunities as well. These stay on your permanent record and can be seen by anyone doing a simple background check.

Courts can also sentence you to supervised probation. During this time you will have to pass drug tests and stay out of trouble or else you can be incarcerated for an even longer amount of time.

You might be required to participate in drug education or rehabilitation programs as well if you are convicted. This may be the best possible outcome, as you will be able to get the help you need to quit.

Punishments are Enhanced in a School Zone

If you are found in possession of controlled substances in a designated drug-free school zone, penalties increase.

Getting caught with these scheduled narcotics in a school zone is a third-degree felony, punishable by up to three years in prison and fines up to $5,000.

New Mexico law is clear when it comes to these specific circumstances. The fact is that going around possessing illegal narcotics is rolling the dice. Don’t take a chance and end up in a situation you can not escape. Jail and a fine are likely going to be the outcome eventually if you do not get help for your issues soon.

Possession of Controlled Substances Without a Prescription

In New Mexico, possession of a prescription drug without a valid prescription is a criminal offense and can lead to serious legal consequences. Some people think it is legal to possess just because it is a medical prescription, but that is not the case.

Possession of prescription medications that are not yours can lead to jail time as well. It all depends on the amount and type of prescription.

The lower the schedule, the less dangerous the DEA considered the substance to be. So, Schedule One, which is illegal and can not be prescribed, carries a worse punishment for possession than Schedule One through Five when possessed without a prescription.

Sales Punishments vs Possession Punishments

Sales and trafficking charges carry a heavier punishment than possession of controlled substances charges. It depends on many different factors what the exact sentence you would receive.

Under New Mexico state drug law, trafficking is a 2nd-degree felony, and you could spend up to 9 years in prison if convicted on your first offense. A second offense can result in even more time.

If you have gotten to the point where you are selling drugs to keep up with a drug habit, then you are gambling with your freedom regularly. The risk is not worth the reward.

Save Your Life and Seek Treatment at Icarus Behavioral Health New Mexico

Damaging your health and future at the same time just to keep up with a habit is tortuous, I know because I was living it. I had to change something drastically because I could see my future slowly slipping away from me. If you are struggling, then I would recommend reaching out and getting help.

Call Icarus Behavioral Health Today

Help is only a phone call away at Icarus New Mexico. Please, if you are having to think about these potential punishments for possession of controlled substances and sales, give their intake department a call today.

Their wonderful staff will work with you to create an individualized treatment plan. Starting with a medical detox, continuing with inpatient treatment, and finally finishing with outpatient, their continuum of care model gives you the best possible chance of a life in recovery. Give them a call today. Your future may depend on it.