Drug Possession Laws in New Mexico

In New Mexico, intentionally possessing a controlled substance without a valid prescription is a crime (§ 30-31-23(A)). Possessing any amount of a Schedule I, II, III or IV substance is generally a misdemeanor, punished by a fine of not less than five hundred dollars ($500) or more than one thousand dollars ($1,000) or imprisonment for a definite term less than one year, or both (§ 30-31-23(D)). Possessing a narcotic drug in Schedule I or II, methamphetamine, phencyclidine, flunitrazepam or GHB-type substances is a fourth degree felony (basic sentence eighteen months, fine up to $5,000, § 31-18-15) (§ 30-31-23(E)). Using or possessing drug paraphernalia with intent to use it is handled by a penalty assessment with a fine of fifty dollars ($50.00), while delivering or manufacturing paraphernalia for delivery is a misdemeanor (§ 30-31-25.1(C)). A person with no prior drug conviction who is found guilty of possession may receive a conditional discharge: the court defers proceedings and places the person on probation for up to one year, and dismisses the case without an adjudication of guilt if probation is completed (§ 30-31-28).

New Mexico's rule on court-appointed lawyers: Applicants apply to the Law Offices of the Public Defender and complete the Supreme Court-approved eligibility form, under oath. An applicant is presumed indigent if currently receiving listed public assistance (such as TANF, GA, SSI, SSDI, food stamps, Medicaid or public housing). Otherwise an applicant is indigent if available funds (household net income plus assets minus exceptional expenses) do not exceed one hundred fifty percent (150%) of the current federal poverty guidelines. A non-refundable $10.00 application fee is charged for each case (NMSA 1978, § 31-15-12); it may be waived if the fee would pose an exceptional hardship. An applicant found not indigent may appeal to the court within ten (10) days after being advised of the decision. NMSA 1978, §§ 31-15-7, 31-15-12; Form 9-403 NMRA

Lawyers set their own fees, and New Mexico has rules on how they may charge. See hiring a criminal defense lawyer in New Mexico for fee rules, how to check a lawyer's license and free help.

How release before trial works in New Mexico: Under Article II, Section 13 of the New Mexico Constitution (as amended in 2016) and Rule 5-401, a defendant eligible for pretrial release shall be released on personal recognizance or an unsecured appearance bond; the court may add non-monetary conditions but must impose the least restrictive conditions that reasonably ensure appearance and public safety. In setting conditions the court shall consider any available results of a Supreme Court-approved pretrial risk assessment instrument and the defendant's financial resources. A secured bond may be required only with written findings of particularized reasons; it must be set at the lowest amount necessary, the court shall not set a secured bond that a defendant cannot afford for the purpose of detaining a defendant otherwise eligible for release, and secured bond shall not be set by reference to a predetermined schedule of monetary amounts. A court of record may detain a felony defendant before trial if the prosecutor proves by clear and convincing evidence that the defendant poses a danger and no release conditions will reasonably ensure safety (detention motions follow Rule 5-409). In district court the release hearing must be held no later than three days after arrest if the defendant is held in the local detention center (five days otherwise), and a defendant still in custody 24 hours after the order because of inability to post bond or meet conditions is entitled to a review hearing within five days. N.M. Const. art. II, § 13; Rule 5-401 NMRA What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See New Mexico expungement and record sealing rules.