Thursday, February 14, 2019

Proposed Cannabis Decriminalization In New Mexico's Roundhouse - Senate Bill 323

Senate Bill 323, “Decrease Marijuana Penalties”, 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, at 1:30p, Friday February 15th 2019. 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; and more than four ounces but not more than eight would be a misdemeanor. The penalties for possession of synthetic cannabinoids would remain unchanged.

SB 323 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.

Max. Fine  
Proposal of SB-323

NM Possession Laws / Penalties Currently

New Bill Proposes (first offense is Not a criminal charge)
1 oz or less (first offense)
15 days
$ 100
$50 ( or warning )
1 oz or less (second offense)
1 year
$ 1,000
Up to $100
More than 1 - less than 8 oz
1 year
$ 1,000
$100-$1000  (both misdemeanor) ( or warning issued)
8 oz or more
1.5 years
$ 5,000
Becomes 4th degree Felony - fine determined in court


Possession or distribution of paraphernalia
1 year
$ 100

Penalty Details

“Marijuana is a schedule I(c) hallucinogenic substance under New Mexico's Controlled Substances Act.”