In New Mexico, drug charges can be either misdemeanors or felonies, depending on the type of drug, the quantity, and the circumstances of the case. Understanding these distinctions is crucial for anyone facing charges. Here’s a breakdown:

Misdemeanor Drug Charges

• Possession of small amounts of marijuana (under 8 ounces) is typically a misdemeanor.
• First-time possession of drug paraphernalia may also be classified as a misdemeanor.

Felony Drug Charges

• Possession of controlled substances like cocaine, heroin, methamphetamine, or prescription drugs without a prescription is generally a felony, even for small amounts.
• Trafficking, manufacturing, or intent to distribute drugs are felonies that carry more severe penalties.
• Larger quantities of marijuana (over 8 ounces) can also result in a felony charge.

Penalties

• Felony possession: Often a 4th-degree felony, punishable by up to 18 months in prison and fines.
• Trafficking/manufacturing: Can lead to much harsher sentences, including multiple years in prison.
• Misdemeanor possession: Up to 1 year in jail and fines.

⚖️ Key point: In New Mexico, simple possession of marijuana under a certain amount may be a misdemeanor, but possession of most other drugs is a felony offense. The exact charge depends on the drug type, the amount, and whether there is evidence of intent to distribute.

Would you like a consultation to discuss your specific situation and explore your legal options? Contact us for expert guidance on navigating drug charges in New Mexico.