Penalties for drug possession in New Mexico vary depending on the type and amount of the substance. Possession of small amounts of marijuana has been decriminalized, resulting in fines rather than jail time. However, possession of larger quantities or other controlled substances can lead to felony charges, with penalties including imprisonment, fines, and a criminal record.

In New Mexico, possession refers to having a controlled substance for personal use, while trafficking involves the manufacture, distribution, or intent to distribute controlled substances. Trafficking charges carry more severe penalties, including longer prison sentences and heavier fines. The distinction often depends on the quantity of the drug and evidence of intent to distribute, such as packaging materials or large sums of cash.

Yes, possessing prescription medication without a valid prescription is illegal in New Mexico. This includes medications classified as controlled substances, such as opioids or benzodiazepines. Penalties can range from misdemeanor to felony charges, depending on the type and amount of the medication.

If arrested on drug charges, it's crucial to exercise your right to remain silent and request legal representation immediately. Avoid making statements to law enforcement without an attorney present, as they can be used against you in court. Contacting an experienced criminal defense attorney promptly can help protect your rights and develop an effective defense strategy.

Yes, New Mexico offers alternative sentencing options for certain drug offenses, particularly for first-time offenders or those with substance abuse issues. These alternatives may include drug court programs, deferred sentencing, or treatment programs aimed at rehabilitation rather than punishment. An experienced attorney can help determine eligibility and advocate for alternative sentencing on your behalf.