“Decreasing Marijuana Penalties” Legislation
Senate Bill 258, Sponsored by Joseph Cervantes who is from District: 31, County: Doña Ana, Service: Representative from 2001-2012; Senator since 2013 and Occupation: Attorney. This bill will be in Senate Public Affairs Committee, today at 2:30p, Friday February 17th 2017. The bill proposes to amend 30-31-23 NMSA 1978 to reduce the penalties for possession of cannabis. A person convicted of possessing one ounce or less of cannabis would be issued a $50 penalty assessment; more than one ounce but not more than four ounces would be a petty misdemeanor; more than four ounces but not more than eight would be a misdemeanor; and more than eight ounces would be a fourth degree felony. The penalties for possession of synthetic cannabinoids would remain unchanged.
SB 258 would also amend 30-31-25.1 NMSA 1978 to provide that a person who is found guilty of violating subsection A (use or possession of drug paraphernalia) would be issued a $50 penalty assessment. Finally, the bill would create a new section of Chapter 31 NMSA 1978 for penalty assessments under the Criminal Code.
Offense | Penalty | Incarceration | Max. Fine | Proposal of SB-258 |
NM Possession Laws / Penalties Currently | New Bill Proposes (first offense is Not a criminal charge) | |||
1 oz or less (first offense) | Misdemeanor | 15 days | $ 100 | $50 ( or warning ) |
1 oz or less (second offense) | Misdemeanor | 1 year | $ 1,000 | |
More than 1 - less than 8 oz | Misdemeanor | 1 year | $ 1,000 | 1oz-4oz is $200 4oz -7.99oz $300 (both misdemeanor) ( or warning issued) |
8 oz or more | Felony | 1.5 years | $ 5,000 | Becomes 4th degree Felony - fine determined in court |
Paraphernalia | ||||
Possession or distribution of paraphernalia | Misdemeanor | 1 year | $ 100 | $50 |
Penalty Details
“Marijuana is a schedule I(c) hallucinogenic substance under New Mexico's Controlled Substances Act.”
See
Committee Members
Title | Name | Party | Role |
Senator | D | Chair | |
Senator | D | Vice Chair | |
Senator | R | Member | |
Senator | R | Member | |
Senator | D | Member | |
Senator | D | Member | |
Senator | D | Member | |
Senator | R | Ranking Member |
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