New Mexico Marijuana Distribution Laws

What Is Possession With Intent To Distribute Marijuana in New Mexico?

Marijuana with intent to distribute is an offense with which defendants are charged when there is suspicion that they intend to distribute, deliver, barter, or sell the marijuana found in their possessions. It is not the same as simple possession. In simple marijuana possession, defendants typically only possess amounts of marijuana that are not beyond quantities sufficient for personal use only. Usually, a defendant may be convicted with intent to distribute marijuana without any evidence that the person actually sold or distributed the drug if the individual possesses large quantities of the substance. Other circumstances that may be used as evidence include:

• The presence of communication such as e-mails and text messages involving the sale of marijuana
• The presence of large amounts of cash found in the defendant’s possession at the time of the arrest
• The presence of marijuana in separate small packages
• The presence of scales, paper bindles, or drug sales sheets

Can You Enter a Dispensary at 18 in New Mexico?

You must be aged 21 or older to enter a dispensary to purchase marijuana in New Mexico. Dispensaries have security personnel who verifies that persons who enter their facilities are of legal age.

Can You Enter a Dispensary Without a Card in New Mexico?

You must show proof of legal age (21) before entering a cannabis dispensary to purchase marijuana in New Mexico. Hence, a valid State of New Mexico government-issued identification card or United States passport with your age or date of birth will be required. If you are a medical marijuana patient, you must show your New Mexico medical marijuana identification card before purchasing medical marijuana.

What Are the Penalties for Possession With Intent To Distribute First Offense in New Mexico?

New Mexico stipulates harsh penalties for persons caught in possession of marijuana with intent to distribute it under Section 30-31-22 of the state statutes. For first-time offenders, possession with intent to distribute up to 100 pounds of marijuana is considered a fourth-degree felony. It is punishable by 18 months imprisonment and a fine of up to $5,000. Possession with intent to distribute more than 100 pounds of marijuana is a third-degree felony and is punishable by 36 months imprisonment and a fine of up to $5,000.

If the intent to distribute is established towards a minor, it is a third-degree felony punishable by 36 months imprisonment and a fine of up to $5,000. If the defendant is caught in possession of marijuana with intent to distribute it within a drug-free school zone, it is a first-degree felony punishable by 18 years imprisonment and a fine of up to $15,000.

Possession of up to 50 kg of marijuana with the intent to distribute is punished by up to five years imprisonment and a $250,000 fine under federal law. Section 841 of the United States Constitution stipulates that possessing 50 to 99 kilograms of marijuana with intent to distribute it is punishable by up to twenty years in prison and a fine of $1 million. Distributing between 100 and 999 kg of marijuana carries a potential 40-year jail term and a $5,000,000 fine. If you are caught possessing more than 1,000 kg of marijuana with the intent to distribute it, you might face life imprisonment and a fine of $10,000.

Is It Legal To Sell Weed in New Mexico?

No. It is illegal to sell marijuana in New Mexico unless you have obtained the license to conduct such activity. The exchange of marijuana for any other product or item of value may be construed as selling in New Mexico. The sale of marijuana without a proper license is a fourth-degree felony in New Mexico.

How To Sell to Dispensaries in New Mexico?

You can only sell marijuana to dispensaries in New Mexico if you have obtained the requisite cannabis license permitting such activity. You may obtain a cannabis producer license, an integrated cannabis microbusiness license, or a vertically integrated cannabis business license. To obtain any of cannabis license in New Mexico, you must:

• Be aged 21 or older
• Obtain local approvals
• Not have been convicted of a felony offense related to controlled substance
• Complete and submit an application to the Cannabis Control Division of the New Mexico Regulation and Licensing Department

How To Get a Distribution License in New Mexico

The State of New Mexico does not issue a cannabis distribution license. However, in order to obtain a cannabis license in New Mexico, you must first review the Cannabis Control Division (CCD) licensing rules and guidelines. You must complete a national criminal history background check and a statewide criminal history background check. After complying with all requirements in the licensing guidelines and obtaining the required permits and approvals, you may create an account on the licensing system to complete a license application.