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Drug Possession and Sale

Section 30-31-23 — possession of most controlled substances is a misdemeanor, $500 to $1,000 or under a year

Intentionally possessing a controlled substance is unlawful unless it was obtained on a valid prescription or as the Controlled Substances Act otherwise allows.

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Who handles this in New Mexico: Enlace Comunitario; and legal aid programs and the state offices, listed in the New Mexico directory.

For any amount of a substance in Schedules I through IV, other than those the section names separately, possession is a misdemeanor punished by a fine of $500 to $1,000 or a definite term less than one year, or both. The section sets heavier penalties for methamphetamine, phencyclidine and the other substances it names, and for possession inside a posted drug free school zone.

Trafficking, which includes manufacturing, distributing, selling or giving away a controlled substance as the section defines it, is a second degree felony for a first offense and a first degree felony after that.

Using or possessing drug paraphernalia brings a penalty assessment and a $50 fine. Harm reduction syringes and supplies, and supplies for testing drugs for dangerous adulterants, are excepted.

  • NMSA 1978, § 30-31-25.1
Sources for this section (3)
  1. NMSA 1978, § 30-31-23 — Controlled substances; possession prohibited
  2. NMSA 1978, § 30-31-20 — Trafficking controlled substances; violation
  3. NMSA 1978, § 30-31-25.1 — Possession, delivery or manufacture of drug paraphernalia prohibited; exceptions

Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.

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